[Congressional Record Volume 171, Number 185 (Wednesday, November 5, 2025)]
[Senate]
[Page S7913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                    Nomination of Eric Chunyee Tung

  Mr. DURBIN. Mr. President, today, the Senate will vote to confirm 
Eric Tung to the U.S. Court of Appeals for the Ninth Circuit.
  Mr. Tung is yet another judicial nominee who has been selected by 
President Trump for his partisan ideology. Mr. Tung has not received 
blue slips from his home State Senators, and his record demonstrates 
why.
  At his hearing, Mr. Tung stated that he subscribes to 
``originalism.'' Earlier this year, he clarified that this means he 
does not recognize a constitutional right to abortion, marriage 
equality, or even private consensual sexual activity, writing: 
``Whether there's a constitutional right to abortion, same sex 
marriage, sodomy, pornography, transgender procedures--the answer for 
the originalist is simple: No.''
  Over the course of his legal career, Mr. Tung has demonstrated his 
hostility to workers and to voting rights. He has declared his belief 
in ``gender roles'' and claimed: ``When these radical feminists try to 
blur gender roles, they undermine institutions like marriage--
institutions which hold society together.'' When I gave him an 
opportunity to renounce his comments, he sought only to justify his 
extreme views.
  Mr. Tung also has strong ties to rightwing organizations and figures. 
He has called the president of the far-right Article III Project Mike 
Davis a friend. At his hearing and in his responses to written 
questions, Mr. Tung refused to disavow overtly racist and sexist 
statements by Mr. Davis.
  Mr. Tung's record suggests he will continue to place his personal 
views and President Trump ahead of his commitment to the Constitution.
  I will oppose Mr. Tung's nomination. I urge my colleagues to join me.