Eric Tung: A Strong Choice for the Ninth Circuit by President Trump

On July 15, President Trump nominated Eric Tung, a distinguished legal mind and my former colleague, to the U.S. Court of Appeals for the Ninth Circuit. If confirmed, Tung will take over the seat of Judge Sandra Ikuta, who recently transitioned to senior status after an admirable career. Judge Ikuta leaves behind a rich legacy, one that Tung is exceptionally qualified to continue.

Exceptional Credentials and Experience

Tung’s qualifications are remarkable. He holds a philosophy degree from Yale, where he graduated in 2006. He then earned his law degree with high honors from the University of Chicago Law School in 2010, serving as managing editor of the University of Chicago Law Review, one of America’s most esteemed legal publications.

Following law school, Tung gained invaluable experience by clerking for two of the nation’s most respected judges: then-Judge Neil Gorsuch on the Tenth Circuit and Supreme Court Justice Antonin Scalia. These prestigious clerkships, awarded only to the best, underscore Tung’s status as a standout among the legal elite.

The Current Judicial Landscape

President Trump’s first term made progress toward balancing the most liberal federal appeals court in the nation, located outside Washington, D.C. Currently, 16 of the 29 active judges on the Ninth Circuit are Democratic nominees. While Tung’s appointment will not alter this balance, it will ensure that the vacated seat remains occupied by a strong constitutionalist dedicated to upholding the law.

Bipartisan Support for Tung’s Nomination

Tung’s intellect and integrity have earned him bipartisan acclaim. A letter supporting his nomination included signatures from fellow Supreme Court clerks across the political spectrum, from Justice Ruth Bader Ginsburg to Justice Clarence Thomas, highlighting the rare and meaningful cross-party endorsement.

Danielle Sassoon, a former federal prosecutor and a public critic of the Trump administration, notably advocated for Tung’s nomination, emphasizing his merit far above political lines.

A Broader Legal Perspective

Beyond his illustrious clerkships, Tung has extensive experience within the Department of Justice’s Office of Legal Policy, where he evaluated judicial nominees. This role gave him first-hand insight into what constitutes an effective judge. As an Assistant U.S. Attorney in Los Angeles, Tung prosecuted serious criminal cases, gaining critical courtroom experience that has polished his legal acumen. Currently, as a partner at Jones Day, he manages complex appellate and trial work at the national level.

Partisan Challenges and Political Grandstanding

Despite Tung’s outstanding qualifications, his Senate Judiciary Committee hearing was unfortunately overshadowed by partisan theatrics. Several Democratic senators chose to ignore his credentials and concentrated instead on my past social media posts. Senator Dick Durbin from Illinois quoted a portion of my older post and insisted that Tung