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9th U.S. Circuit Court of Appeals

Jul. 31, 2025

9th Circuit nominee ducks questions on same-sex rights, defers to 'originalism'

Jones Day partner Eric C. Tung faced scrutiny from Senate Democrats over past comments on abortion and LGBTQ+ rights but cited "live issues" in declining to answer most questions during his confirmation hearing for the 9th U.S. Circuit Court of Appeals.

Jones Day partner Eric C. Tung avoided answering many questions about his judicial philosophy of originalism during his nomination hearing for a seat on the 9th U.S. Circuit Court of Appeals on Wednesday before the Senate Judiciary Committee.

Tung said he could not answer Democratic senators' queries on a range of constitutional questions because they were "live issues" that might come before him. Those included his views of same-sex marriage and same-sex intimate c...

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