WASHINGTON, D.C. — The U.S. Senate has confirmed Eric Tung, a prominent conservative attorney and former clerk for Supreme Court Justices Neil Gorsuch and the late Antonin Scalia, to serve on the U.S. Court of Appeals for the Ninth Circuit, a move that further reshapes one of the nation’s most influential — and historically liberal — appellate courts.
The 52–45 vote on Wednesday followed weeks of partisan debate, making Tung the first appellate judge nominated by President Donald Trump since returning to the White House for his second term in 2025. His confirmation signals the administration’s continued push to appoint conservative jurists who emphasize constitutional originalism and judicial restraint.
“Eric Tung represents the highest caliber of legal intellect and integrity,” Trump said in a statement after the vote. “He will defend the rule of law and protect the rights and freedoms of the American people, even in the most radical, left-leaning jurisdictions.”
A Milestone Appointment
Tung’s appointment fills the vacancy left by Judge Sandra Segal Ikuta, a longtime conservative voice on the Ninth Circuit who announced her retirement earlier this year. With Tung now on the bench, the court’s ideological balance continues to shift: 16 Democratic-appointed judges and 13 Republican-appointed judges currently serve, with additional retirements expected in 2026.
During Trump’s first term, he successfully appointed 10 judges to the Ninth Circuit, gradually narrowing what was once a solid liberal majority. The San Francisco-based court, which has jurisdiction over nine western states — including California, Oregon, Washington, Arizona, and Alaska — is frequently at the center of high-profile national cases involving immigration, environmental regulation, and civil rights.
“The Ninth Circuit has long been a lightning rod for partisan tension,” said Dr. Lisa Montoya, a judicial politics professor at Georgetown University. “Trump’s strategy of appointing conservative jurists there is clearly designed to recalibrate the court’s ideological leanings for decades to come.”
From the DOJ to Jones Day
A partner at Jones Day, a global law firm with deep ties to the Trump administration, Tung has spent much of his career handling complex litigation, constitutional law, and appellate advocacy.
Before entering private practice, he worked as a federal prosecutor in the Department of Justice’s Criminal Division, where he was involved in several major fraud and corruption cases. Colleagues describe him as meticulous, disciplined, and intellectually driven.
“Eric is the kind of lawyer who reads every footnote and questions every assumption,” said Patrick Greene, a fellow Jones Day partner. “He doesn’t chase headlines — he chases accuracy.”
Tung also served as a law clerk for Justice Gorsuch both on the Tenth Circuit Court of Appeals and later on the U.S. Supreme Court, and for Justice Scalia before his death in 2016. His academic background includes a J.D. from Yale Law School and an undergraduate degree in political science from Stanford University.
Partisan Tensions in the Senate
Despite his strong professional record, Tung’s confirmation process was anything but smooth. Senate Democrats mounted stiff opposition, citing concerns over his past writings and conservative views on issues including gender identity, same-sex marriage, and executive power.
“Eric Tung has made a career defending some of the most extreme legal positions in modern jurisprudence,” argued Sen. Richard Blumenthal (D-CT) during floor debate. “He represents not just a legal philosophy, but a political agenda — one that threatens to roll back decades of progress on civil rights.”
Democrats specifically pointed to an opinion piece Tung wrote as a college student in 2004 for the Yale Daily News, where he criticized what he called “radical feminist ideologies that blur the distinctions between biology and culture.” Tung apologized during confirmation hearings for the tone of the article but maintained that his views had evolved significantly since then.
“I was a teenager expressing unformed opinions in a student newspaper,” Tung said during questioning by the Senate Judiciary Committee. “My professional record speaks for itself — one of fairness, fidelity to the Constitution, and respect for the rule of law.”
Republicans, meanwhile, rallied behind Tung, portraying the Democratic criticism as character assassination rather than legitimate concern.
“Eric Tung has argued over a hundred appellate cases and demonstrated an unshakable commitment to the Constitution,” said Sen. Ted Cruz (R-TX). “The left doesn’t attack his competence — they attack his beliefs. That tells you everything.”
A Strategic Win for Trump
The Ninth Circuit’s jurisdiction makes it particularly significant for any administration. The court frequently rules on immigration enforcement, environmental policy, and civil liberties — all hot-button issues that have defined Trump’s political battles.
“For conservatives, the Ninth Circuit has been a source of endless frustration,” said Judicial Crisis Network President Carrie Severino. “Tung’s confirmation is a strategic victory for those who believe the court has been too activist in its decision-making.”
With a Republican-controlled Senate and several aging judges expected to retire in the next two years, Trump may have multiple opportunities to further reshape the judiciary. Administration officials have reportedly identified at least five appellate vacancies and twenty district court openings as top priorities for 2026.
Reactions From the Legal Community
Reaction from the broader legal community has been mixed. Conservative legal scholars praised the appointment, calling Tung a “constitutional purist” whose jurisprudence aligns closely with Scalia’s textualist philosophy.
“Tung understands that judges interpret laws — they don’t create them,” said Professor Alan Fields of George Mason University’s Antonin Scalia Law School. “That’s the foundation of a healthy judiciary.”
Progressive organizations, however, warned that his confirmation could further tilt the balance of the Ninth Circuit in ways that could restrict reproductive rights, environmental protections, and LGBTQ+ equality.
“This nomination is another reminder that Trump’s long-term legacy isn’t just political — it’s judicial,” said Emily Park, director of the advocacy group Demand Justice. “These are lifetime appointments, and they will shape American law for a generation.”
Looking Ahead
With his confirmation now complete, Judge Tung is expected to assume his post later this month following the formal swearing-in ceremony in San Francisco. Colleagues say he intends to focus initially on administrative and constitutional law cases.
Tung’s appointment also underscores the Trump administration’s ongoing emphasis on reshaping the federal bench — a cornerstone of conservative policy goals since his first term. According to data from the Federal Judicial Center, Trump has now appointed nearly one-third of all active federal appellate judges across his two terms in office.
“The judiciary was neglected by conservatives for decades,” said Sen. Josh Hawley (R-MO). “President Trump changed that. And with judges like Eric Tung, he’s ensuring that constitutional principles endure long after his presidency.”
As partisan divisions deepen over the future of the courts, Tung’s confirmation marks another chapter in a broader ideological struggle — one that will likely define not only Trump’s second term but also the direction of American law for decades to come.