At today's Senate Judiciary Committee hearing, Sen. Dick Durbin (D-IL) quesitoned Eric Chunyee Tung, nominee to be United States Circuit Judge for the Ninth Circuit.
00:03Mr. Dunlap, Mr. Tung, and your families, welcome.
00:08We have five minutes to ask questions to determine whether or not you will receive a lifetime appointment to the second highest court in the United States of America.
00:17It's hardly enough time to reflect on anyone and to measure what they believe and to make some decisions about that information.
00:26What I'm going to do is basically refer to things that you've done or said and ask you to give us an all honesty and candor response to the questions about them.
00:38Mr. Tung, in a 2004 speech, you're responding to a 2004 speech by then president of the National Organization for Women.
00:48You said, and I quote, I believe in emphasizing family and what it means for a woman to be a good wife or partner, end of quote.
00:55You added, and I quote, I believe in gender roles and that women are simply better than men at some things.
01:03When these radical feminists try to blur gender roles, they undermine institutions like marriage, institutions which hold society together, end of quote.
01:12It doesn't appear that your views, Mr. Tung, have changed much over the years.
01:17Just months ago in remarks for the Federalist Society, you defended originalism and wrote, and I quote,
01:26whether there's a constitutional right to abortion, same-sex marriage, sodomy, pornography, transgender procedures.
01:35The answer for the originalist is simple, no, end of quote.
01:40This wasn't a youthful indiscretion.
01:44Your speech was just given a few weeks ago, a few months ago.
01:48You seem to be questioning landmark Supreme Court decisions like Lawrence v. Texas and Obergefell.
01:55Let me ask you point blank.
01:57Do you believe there's a constitutional right to marriage for same-sex couples?
02:01Ranking Member Durbin, the Supreme Court's decision in Obergefell v. Hodges has granted such a right,
02:09and as a circuit judge, if I were so lucky to be confirmed, I would be bound by that precedent.
02:15Do you still believe in gender roles?
02:18Senator, those comments that you're referencing occurred over 20 years ago when I was an undergraduate in college.
02:24I was responding to a speaker who was invited to come speak on gender-related issues,
02:30and at the time, I found her views to be extreme in that she portrayed the relationship between the sexes of male and female to be antagonistic,
02:39and that she was blurring the gender roles.
02:41And I was responding to that in those comments that you quoted,
02:45because I believed at the time that the relationship between men and women were complementary,
02:50and that the family should be strengthened.
02:53What do you believe now?
02:55Senator, when it comes to live issues, I, under the canons of judicial ethics, cannot comment on that.
03:02See, that's where we run into problems.
03:03When we get down to basic values and positions, we know what he's written years ago.
03:09I asked him what he believes today, and he says he can't tell me the answer,
03:12because he's possibly going to be on the bench.
03:15So it's very difficult to really understand where you stand on this situation.
03:19Mr. Dunlap, in March 2015, you submitted written testimony to the Maine Legislature.
03:24In support of a bill that would have made it more difficult for minors and incapacitated people to access abortion.
03:32The bill you supported sought to change Maine's law, which does not require minors to obtain consent of a parent or guardian before having an abortion.
03:41So let me ask you, today, should a minor who is sexually assaulted or a victim of incest be forced to give birth if her parents do not consent to her having any abortion?
03:53The testimony that you are referencing would have brought Maine's laws into line with the laws of states such as Massachusetts and Rhode Island.
04:04It is also consistent with laws that the Supreme Court had upheld in Planned Parenthood v. Casey.
04:11My own views are not relevant to the job that I would have should I be confirmed to the U.S. Court of Appeals for the First Circuit.
04:18I would faithfully apply binding precedent as well as any laws that I was required to interpret.
04:26So let me ask you, are you saying that what you said in March of 2015 is the same position you hold today or a different one?
04:35My personal policy preferences, again, Senator, are not relevant to the work that I would do.
04:41What I would seek to do is to fairly and impartially apply the law to every litigant who might come before me in a particular case or controversy.
04:48And what about the precedent in Obergefell?
04:51That would be binding precedent should I be confirmed.
04:54Let me ask a question of you, Mr. Dunlap, related to a gentleman by the name of Mike.
04:59I'm sorry, this is for Mr. Tung, a gentleman by the name of Mike Davis, who posted on social media, quote,
05:06Eric Tung is a friend who will continue Trump's historic inroads in once left-wing Ninth Circuit.
05:12Mr. Davis is the president of right-wing Article III Project.
05:17And according to public reporting, he's played a key role in advising President Trump on judicial nominations during his second term.
05:24Is he your friend?
05:25Ranking Member Durbin, Mike Davis is my friend.
05:27Do you have any conversations with him regarding your nomination before President Trump announced it on July 2nd?
05:36Just simply that it happened, Your Honor, Senator.
05:40Mr. Davis has made overtly racist remarks on numerous occasions.
05:44For example, in October of 2023, he wrote in a social media post, quote,
05:49The violent black underclass is a danger to America.
05:53And quote, These monsters will kill.
05:55Do you agree with or condemn this offensive statement by Mr. Davis?
06:00Ranking Member Durbin, the views expressed by Mr. Davis are not necessarily my views and vice versa.
06:06Senator Lee.
06:07Thank you very much, and I appreciate your willingness.
