Trump Nominates Eric Tung for 9th Circuit Court
On July 15th, former President Trump nominated Eric Tung, a colleague of mine and a former law clerk for Justice Gorsuch, to the 9th Circuit Court of Appeals. If he gets confirmed, Tung will fill the position left by Judge Sandra Ikuta, who recently transitioned to a senior role after a significant tenure. Ikuta leaves behind a notable legacy, which I believe Tung is capable of continuing and even enhancing.
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Tung’s qualifications are quite impressive. He earned his Philosophy degree from Yale in 2006 and graduated from the University of Chicago Law School in 2010, where he was the editor-in-chief of the Law Review—one of the most prestigious legal journals in the country.
He has an impressive background, having clerked for two esteemed judges: Judge Neil Gorsuch of the 10th Circuit and Supreme Court Justice Antonin Scalia. Positions like these are typically reserved for the top legal talents, and Tung was clearly among the best.
During his first term, Trump aimed to reshape the judiciary by balancing many of the liberal federal appellate court judges, notably adding constitutionalists to key positions. Although Tung’s appointment won’t shift the main balance, it will help ensure that the empty seats are filled by judges who align with strong constitutional principles.
Tung’s intellect and ethical standards have earned him respect from both sides of the aisle. Many notable figures, from Justice Ruth Bader Ginsburg to Justice Clarence Thomas, have signed letters in support of his nomination. This kind of bipartisan backing is rare and speaks volumes about his character.
One supporter, Daniel Sussman, a former federal prosecutor critical of the Trump administration, took the unusual step of endorsing Tung, highlighting the broad admiration for his intelligence and integrity across party lines.
“Ultimately, what really matters is Tung’s record. He is an outstanding legal mind, a fair scholar, and a committed constitutionalist.”
Tung’s experience goes well beyond the courtroom. He has worked in the Department of Justice’s Legal Policy Office, where he observed what makes a good judge. Additionally, as an assistant U.S. attorney in Los Angeles, he handled serious criminal cases, gaining invaluable courtroom experience before joining Jones Day, where he navigates complex national appeals.
Despite his impressive credentials, the Senate Judiciary Committee hearing faced partisan challenges. Some Democrats overlooked Tung’s qualifications, opting instead to target a social media post of mine. Senator Dick Durbin referenced these old posts and demanded Tung to “denounce” them, which he declined, emphasizing judicial ethics over political posturing.
Senator Cory Booker followed suit, criticizing Tung based on inflammatory comments made by certain Democrats. Tung maintained his composure, demonstrating the restraint expected of a federal judge and steering clear of political theatrics.
This line of attack seems disingenuous and irrelevant. Rather than focusing on legal qualifications, some senators appear more interested in securing political advantage. Tung deftly avoided falling into that trap.
His nomination also underscores the double standards surrounding judicial diversity. As the son of Chinese immigrants and a fluent Mandarin speaker, one might expect Democrats to celebrate his representation. Yet, due to his conservative stance, his background is often overlooked or used against him—highlighting the selectivity in discussions about diversity and identity politics.
Ultimately, what really matters is Tung’s record. He’s a brilliant legal mind and a dedicated constitutionalist. His blend of courtroom skills, academic rigor, and ethical clarity makes him an excellent candidate for the appellate court.
The Senate needs to rise above political views and approve Eric Tung promptly. His confirmation would not just enhance the Ninth Circuit but also strengthen the rule of law nationwide. With Trump’s attempts to reshape the federal judiciary, Tung’s appointment would mark a significant step forward.
Eric Tung embodies the type of judge Americans aspire to have: intelligent, steady, and fair. The Senate needs to act and confirm him this September.
