Politics

/

ArcaMax

Trump taps 'Tough Patriot' -- LA lawyer known for crypto, guns -- as 9th Circuit judge

Sonja Sharp, Los Angeles Times on

Published in Political News

LOS ANGELES — He's never held public office or donned a judge's robes, but an arch-conservative Los Angeles County attorney is racing toward confirmation on the 9th Circuit Court of Appeals, accelerating the once-liberal court's sharp rightward turn under President Donald Trump.

A competitive target shooter with a background in a cryptocurrency, Eric Tung was approached by the White House Counsel's Office on March 28 to replace Judge Sandra Segal Ikuta, a Bush appointee and one of the court's most prominent conservatives, who is taking senior status.

A new father and still a relative unknown in national legal circles, Tung found an ally in pal Mike Davis, a reputed "judge whisperer" in Trump's orbit. Speaking to the New York Post in mid-March, Davis touted Tung as Ikuta's likely successor.

The Pasadena lawyer appeared on a Federalist Society panel at the Reagan Library this year, debating legal efforts to restrain " 'agents' of the left."

"Eric is a Tough Patriot, who will uphold the Rule of Law in the most RADICAL, Leftist States like California, Oregon, and Washington," Trump wrote on Truth Social when the nomination was announced in July.

The response from California senators was apoplectic.

"Mr. Tung believes in a conception of the Constitution that rejects equality and liberty, and that would turn back the clock and continue to exclude vast sections of the American public from enjoying equal justice under the law," said Sen. Alex Padilla.

In the past, senators from a potential judge's home state could block a nomination — a custom Trump exploded when he steamrolled Washington senators to install Eric D. Miller to the 9th Circuit in 2019.

Tung has been tight-lipped about his ascent to the country's busiest circuit. He did not respond to inquiries from the Los Angeles Times.

A Woodland Hills native and conservative Catholic convert, Tung made a name for himself as a champion of the crypto industry and elegant legal writer, frequently lecturing at California law schools and headlining Federalist Society events.

After graduating from Yale and the University of Chicago Law School, he clerked for Supreme Court Justices Antonin Scalia and Neil Gorsuch before joining the white-shoe law firm Jones Day, a feeder to the Trump Justice Department.

Many lauded the nomination when it was first announced, including the National Asian Pacific American Bar Association.

"Eric is a highly regarded originalist who would follow in the footsteps of Justice Scalia, for whom he clerked," said Carrie Campbell Severino, president of the Judicial Crisis Network, a conservative legal advocacy group.

Groups on the left, including Alliance for Justice, Demand Justice and the National Council of Jewish Women, have lobbied against putting Tung on the appellate court.

If confirmed, Tung will be Trump's 11th appointment to the 9th Circuit, a court the president vowed to remake when he first took office in 2017.

During Trump's first term, Judge Ikuta was part of a tiny conservative minority on the famously lopsided bench, a legacy of President Jimmy Carter's decision to double the size of the circuit and pack it with liberal appointees.

 

Many Trump judges ruffled feathers at first, and most have shown themselves to be "pretty conservative and pretty hard nosed," said Carl Tobias, a professor at the University of Richmond School of Law.

Their ranks include the former Hawaii Atty. Gen. Judge Mark J. Bennett, as well as the circuit's first openly gay member, Judge Patrick J. Bumatay.

Trump's appellate appointees helped deliver him several controversial recent decisions, including the finding in June that Trump had broad discretion to deploy the military on American streets. Another 9th Circuit ruling this month found that the administration could all-but eliminate the country's refugee program via an indefinite "pause."

But they've also clashed sharply with the Justice Department's attorneys, even in cases where the appellate panel ultimately sided with the administration.

That's what the president is trying to avoid this time around — particularly with his picks headed in the west, experts said.

"People on the far right are pushing [Trump] to have people who will be 'courageous' judges — in other words, do things that are really unpopular that Trump likes," Tobias said.

Tung may fit the bill. In addition to his crypto chops and avowed support for constitutional originalism, he has been an ardent defender of religious liberty and an opponent of affirmative action. He shoots competitively as part of the International Defensive Pistol Assn.

Both Tung and his wife Emily Lataif have close ties to the anti-abortion movement. Tung worked extensively with the architect of Texas' heartbeat bill; Lataif interned for the Susan B. Anthony List, an anti-abortion policy group that seeks to make IUDs and emergency contraception illegal and opposes many forms of in-vitro fertilization.

"Emily is the epitome of grace under pressure, as was evidenced ... when she and Eric had to evacuate their home during the California wildfires, only days after welcoming their first child," Severino said. "She's worked at the highest levels, from the White House to the executive team at Walmart, and her talent is matched only by her kindness and love for her family."

When asked by Sen. Chris Coons of Delaware whether he believed IVF was protected by the Constitution, Tung declined to answer.

It wasn't the only question the nominee ducked. Democratic members of the Senate Judiciary Committee accused Tung of giving only "sham answers" to their inquiries, both in chambers and through written follow-ups.

After pressing him repeatedly for his position on landmark cases including Obergefell vs. Hodges and Lawrence vs. Texas — privacy right precedents Justice Clarence Thomas wrote should be reconsidered after the fall of Roe vs. Wade — Sen. Adam Schiff pushed the nominee for his opinion on Loving vs. Virginia, the 1967 case affirming interracial marriage.

"Was that wrongly decided?" the California lawmaker asked the aspiring judge.

"Senator, my wife and I are an interracial couple, so if that case were wrongly decided I would be in big trouble," Tung said.

"You're willing to tell us you believe Loving was correctly decided, but you're not willing to say the other decisions were correctly decided," Schiff said. "That seems less originalist and more situational."


©2025 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

 

Comments

blog comments powered by Disqus

 

Related Channels

The ACLU

ACLU

By The ACLU
Amy Goodman

Amy Goodman

By Amy Goodman
Armstrong Williams

Armstrong Williams

By Armstrong Williams
Austin Bay

Austin Bay

By Austin Bay
Ben Shapiro

Ben Shapiro

By Ben Shapiro
Betsy McCaughey

Betsy McCaughey

By Betsy McCaughey
Bill Press

Bill Press

By Bill Press
Bonnie Jean Feldkamp

Bonnie Jean Feldkamp

By Bonnie Jean Feldkamp
Cal Thomas

Cal Thomas

By Cal Thomas
Christine Flowers

Christine Flowers

By Christine Flowers
Clarence Page

Clarence Page

By Clarence Page
Danny Tyree

Danny Tyree

By Danny Tyree
David Harsanyi

David Harsanyi

By David Harsanyi
Debra Saunders

Debra Saunders

By Debra Saunders
Dennis Prager

Dennis Prager

By Dennis Prager
Dick Polman

Dick Polman

By Dick Polman
Erick Erickson

Erick Erickson

By Erick Erickson
Froma Harrop

Froma Harrop

By Froma Harrop
Jacob Sullum

Jacob Sullum

By Jacob Sullum
Jamie Stiehm

Jamie Stiehm

By Jamie Stiehm
Jeff Robbins

Jeff Robbins

By Jeff Robbins
Jessica Johnson

Jessica Johnson

By Jessica Johnson
Jim Hightower

Jim Hightower

By Jim Hightower
Joe Conason

Joe Conason

By Joe Conason
Joe Guzzardi

Joe Guzzardi

By Joe Guzzardi
John Stossel

John Stossel

By John Stossel
Josh Hammer

Josh Hammer

By Josh Hammer
Judge Andrew P. Napolitano

Judge Andrew Napolitano

By Judge Andrew P. Napolitano
Laura Hollis

Laura Hollis

By Laura Hollis
Marc Munroe Dion

Marc Munroe Dion

By Marc Munroe Dion
Michael Barone

Michael Barone

By Michael Barone
Mona Charen

Mona Charen

By Mona Charen
Rachel Marsden

Rachel Marsden

By Rachel Marsden
Rich Lowry

Rich Lowry

By Rich Lowry
Robert B. Reich

Robert B. Reich

By Robert B. Reich
Ruben Navarrett Jr.

Ruben Navarrett Jr

By Ruben Navarrett Jr.
Ruth Marcus

Ruth Marcus

By Ruth Marcus
S.E. Cupp

S.E. Cupp

By S.E. Cupp
Salena Zito

Salena Zito

By Salena Zito
Star Parker

Star Parker

By Star Parker
Stephen Moore

Stephen Moore

By Stephen Moore
Susan Estrich

Susan Estrich

By Susan Estrich
Ted Rall

Ted Rall

By Ted Rall
Terence P. Jeffrey

Terence P. Jeffrey

By Terence P. Jeffrey
Tim Graham

Tim Graham

By Tim Graham
Tom Purcell

Tom Purcell

By Tom Purcell
Veronique de Rugy

Veronique de Rugy

By Veronique de Rugy
Victor Joecks

Victor Joecks

By Victor Joecks
Wayne Allyn Root

Wayne Allyn Root

By Wayne Allyn Root

Comics

Ed Gamble Gary McCoy John Cole Mike Luckovich Dave Whamond David M. Hitch