Senate Confirms Trump’s Newest Conservative Judge Pick to 9th Circuit
In a significant judicial victory for President Donald Trump, the U.S. Senate has confirmed Eric Tung—a conservative attorney and former clerk to justices Neil Gorsuch and the late Antonin Scalia—to serve on the Ninth Circuit Court of Appeals. The vote was 52-45.
This marks Trump’s first appellate court appointment in his second term, and comes after a prior round of ten such appointments to the Ninth Circuit during his first term.
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### Who Is Eric Tung?
Eric Tung was nominated in July to fill the seat vacated by Sandra Segal Ikuta, who announced she would take senior status.
His background includes:
* Working as a partner at law firm Jones Day and as a former federal prosecutor.
* Serving as a law clerk for Justices Gorsuch and Scalia.
* Having past writings that raised concerns among Senate Democrats, particularly a 2004 student-newspaper article where he criticized “radical feminists” for “blurring gender roles.”
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### What the Confirmation Means
#### Shifting the Balance of the Ninth Circuit
The Ninth Circuit is the largest federal appeals court, covering nine western states and two territories. Historically considered one of the more liberal appeals courts, Trump’s appointments have steadily shifted its composition. With the confirmation of Tung, the court now has 16 judges appointed by Democratic presidents and 13 by Republican presidents. ([Reuters][1])
This confirmation therefore marks another step in reshaping the ideological landscape of the court.
#### Implications for Key Areas of Law
Because the Ninth Circuit hears a large volume of cases involving environmental regulation, immigration, federal administrative power, and other major issues, the addition of a reliably conservative judge like Tung could affect how those legal questions are decided in the western U.S.
The White House praised the nomination as part of its “America First” vision of judicial appointments—citing the need for judges who would uphold the “rule of law” in what Trump described as “radical, leftist states” such as California, Oregon, and Washington.
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### The Controversy Around the Nomination
The confirmation was not without spirited opposition:
* Democrats expressed deep reservations about Tung’s past writings and the ideological bent of his record.
* Some hearings zeroed in on whether his past comments suggested bias against women or LGBT individuals.
* Nevertheless, the Republican majority in the Senate pushed the nomination through by a relatively narrow margin.
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### Why This Matters Now
* This is Trump’s first appellate confirmation in his second term, setting the tone for his judicial strategy going forward.
* Securing a seat on the Ninth Circuit is symbolically important given the court’s historical role in checking executive power and its geographic jurisdiction in several high-profile states.
* The decision underscores how the Senate’s judicial confirmation process remains a key battleground in shaping U.S. law for decades.
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### What to Watch Next
* How Judge Tung rules in early cases, especially on issues like administrative agency authority, immigration, environmental regulation, and First Amendment questions.
* Whether this confirmation triggers efforts by Congress or the administration to pursue further appointments—and whether the Senate’s balance or norms shift in response.
* Reactions from advocacy groups, states, and legal scholars on how the Ninth Circuit’s jurisprudence might evolve.
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### Conclusion
The Senate’s confirmation of Eric Tung to the Ninth Circuit stands as a major win for President Trump’s conservative judicial agenda. While the debate over his suitability and past remarks will continue, his appointment is likely to have lasting effects on a court whose decisions influence a broad swath of the United States. The ideological balance of the Ninth Circuit has shifted yet again—and with it, the potential direction of federal appeals law in the West.
