Senate Confirms Trump’s Newest Conservative Judge Pick to 9th Circuit
In a significant victory for constitutional originalism and the rule of law, the U.S. Senate has confirmed Eric Tung—a former clerk to Supreme Court Justices Neil Gorsuch and the late Antonin Scalia—to serve on the influential 9th U.S. Circuit Court of Appeals.
The Republican-led Senate approved Tung in a 52–45 vote, marking him as the first judicial appointment by President Donald J. Trump to the San Francisco-based court during his second term. The move is being viewed by conservatives as another step toward restoring balance to a court long dominated by left-leaning jurisprudence.
Tung’s confirmation builds on President Trump’s judicial legacy, bringing the total number of his appointees to the 9th Circuit to 10 when including his first-term selections. Historically regarded as one of the most liberal appellate courts in the country, the 9th Circuit has increasingly shifted as constitutionalist judges take the bench.
The court now includes 16 judges appointed by Democratic presidents and 13 by Republicans, including Tung—narrowing what was once a far more lopsided ideological divide. Tung will fill the seat previously held by Sandra Segal Ikuta, who announced her intention to step down earlier this year.
When announcing the nomination, President Trump praised Tung as a “Tough Patriot,” emphasizing his commitment to defending the Constitution and upholding the rule of law in what the president described as “most RADICAL, Leftist States” such as California, Oregon, and Washington—all within the 9th Circuit’s jurisdiction.
Tung brings a strong legal résumé to the bench. A partner at the prominent law firm Jones Day in Los Angeles, he previously served as a federal prosecutor and worked within the U.S. Department of Justice. His close association with Justice Gorsuch—including clerking for him both on the 10th Circuit and later on the Supreme Court—has further solidified his reputation among conservatives as a principled legal thinker.
Unsurprisingly, Senate Democrats mounted fierce opposition during the confirmation process, attempting to portray Tung as a right-wing ideologue. They pointed to past writings, including a 2004 undergraduate essay in which he criticized “radical feminists” for seeking to “blur gender roles” and “undermine institutions like marriage.” The attacks reflect a broader pattern of ideological litmus tests increasingly applied to judicial nominees by the left.
Meanwhile, the Senate also confirmed Maj. Gen. John L. Rafferty Jr. for promotion to lieutenant general and assignment as commanding general of the U.S. Army Space and Missile Defense Command—underscoring the administration’s parallel focus on strengthening national defense.
Rafferty, currently serving as chief of staff at U.S. European Command, brings more than three decades of military leadership experience, including key roles in artillery operations, strategic planning, and combat support across multiple global operations such as Enduring Freedom and Iraqi Freedom. He will succeed Sean A. Gainey, who is retiring after a distinguished 35-year career.
These confirmations come amid a broader surge in Senate action under Majority Leader John Thune, as Republicans have rapidly advanced President Trump’s nominees. In recent weeks alone, the Senate has confirmed nearly 100 appointees, surpassing the pace of previous administrations—including Trump’s own first term.
A 53–43 vote sealed the approval of 97 nominees in one of the final legislative pushes following Republicans’ return to Senate control in January. Lawmakers also navigated internal debates to pass the president’s landmark “one big, beautiful bill” and successfully reopen the federal government after the longest shutdown in U.S. history.
In a decisive procedural move, Republicans invoked the so-called “nuclear option” in September, lowering the threshold required to confirm sub-Cabinet nominees. Since then, the Senate has approved an impressive 417 of President Trump’s picks.
With the latest confirmations, the once-massive backlog of nearly 150 pending nominees has been nearly eliminated—leaving just 15 awaiting final approval. For conservatives, the rapid reshaping of the judiciary and federal leadership ranks signals a long-term investment in restoring constitutional governance and strengthening American institutions.