AIConfirmation hearing for four federal circuit and district judge nominees

Federal Judge Confirmation HearingsSenate Judiciary · July 30, 2025 · 119th Congress
The Senate Judiciary Committee met to consider four judicial nominations: Eric Tung and Joshua Dunlap for the Ninth and First Circuit Courts of Appeals, and William Mercer and Stephen Chad Meredith for U.S. Begins at ▶ 0:33:40
Transcript
Highlights

Title

Confirmation hearing for four federal circuit and district judge nominees

Purpose

The Senate Judiciary Committee met to consider four judicial nominations: Eric Tung and Joshua Dunlap for the Ninth and First Circuit Courts of Appeals, and William Mercer and Stephen Chad Meredith for U.S. District Courts in Montana and the Eastern District of Kentucky, respectively. Chair Grassley opened by criticizing President Trump's public attack on Republican senators over the blue-slip tradition, and members used the hearing to probe nominees' past writings on gender, abortion, marriage, and judicial precedent, as well as their roles in controversial state actions. Begins at▶ 0:33:40

Who spoke

• Chair Chuck Grassley (R-IA)▶ 0:33:40: Addressed the Hawaii/West Coast tsunami▶ 0:33:40 and criticized President Trump's Truth Social attack over the blue-slip process▶ 0:34:08; introduced Tung and Dunlap's qualifications▶ 0:35:35 and later questioned both nominees on judicial philosophy▶ 1:11:20.

• Sen. Dick Durbin (D-IL), Ranking Member▶ 0:38:27: Said Tung and Dunlap were selected without meaningful consultation with home-state Democratic senators▶ 0:39:25; cited Tung's 2004 comments on welfare and "dissolution of the family" and LGBTQ rights▶ 0:40:43, Dunlap's work defending opioid manufacturers▶ 0:40:43, and pressed Meredith on Bevin's pardon of Patrick Baker▶ 0:42:20.

• Sen. Susan Collins (R-ME)▶ 0:43:02: Explained Maine's bipartisan judicial-selection process▶ 0:43:30 and introduced Dunlap's career and family▶ 0:45:22.

• Sen. Mitch McConnell (R-KY)▶ 0:49:38: Introduced fellow Kentuckian Chad Meredith, recounting his internship in McConnell's office and career as Kentucky's first solicitor general▶ 0:50:37.

• Sen. Steve Daines (R-MT)▶ 0:55:25: Introduced William Mercer, detailing his Montana roots, DOJ service, and time in the Montana legislature▶ 0:56:26.

• Sen. Alex Padilla (D-CA)▶ 0:58:44: Said Tung was selected for extreme conservative ideology despite Padilla and Schiff proposing alternative names▶ 0:59:04; argued Tung lacks trial experience, noting appellate judges should have litigation background▶ 1:00:50.

• Sen. Adam Schiff (D-CA)▶ 1:02:23: Criticized Tung's anti-labor record and involvement in the independent state legislature theory rejected 6-3 in Moore v. Harper▶ 1:03:07; cited DOJ's misconduct complaint against a judge who ruled against the administration▶ 1:04:48.

• Mr. Joshua Dunlap, First Circuit nominee▶ 1:06:18: Thanked President Trump and Sen. Collins▶ 1:06:48; later described his views on federalism and legislative history as not dispositive of personal policy preference▶ 1:16:19.

• Mr. Eric Tung, Ninth Circuit nominee▶ 1:08:06: Thanked clerkships with Justices Scalia and Gorsuch▶ 1:09:02; confirmed Obergefell is binding precedent but declined to state personal views on gender roles or same-sex marriage▶ 1:18:48; confirmed friendship with Article III Project's Mike Davis▶ 1:22:12 and declined to characterize Democrats as "evil" until pressed by Sen. Kennedy▶ 1:20:58.

• Sen. Mike Lee (R-UT)▶ 1:22:56: Questioned Tung on originalism, legislative history, and bicameralism/presentment under Article I, Section 7, referencing INS v. Chadha▶ 1:25:59.

• Sen. Peter Welch (D-VT)▶ 1:29:19: Pressed Tung repeatedly on his 2004 gender-roles comments and 2004 anti-labor protest, asking how women or workers could expect a fair hearing▶ 1:30:27▶ 1:34:29.

• Sen. Sheldon Whitehouse (D-RI)▶ 1:52:04: Questioned Dunlap on his opposition to Maine's same-sex marriage ballot initiative and his Blackstone Fellowship internship with ADF▶ 1:52:21▶ 1:55:35; criticized GOP members for telling witnesses they need not answer QFRs▶ 1:57:34.

• Sen. John Cornyn (R-TX)▶ 1:58:02: Asked Tung about his immigrant parents and background▶ 1:58:41 and pushed back on Democratic colleagues' characterization of Tung as a radical▶ 1:59:40.

• Sen. Mazie Hirono (D-HI)▶ 2:03:12: Asked nominees about sexual harassment history▶ 2:03:33 and pressed Tung on whether all Supreme Court justices share his originalist view, and on following court orders▶ 2:05:37.

• Sen. Josh Hawley (R-MO)▶ 2:09:33: Asked Dunlap about his appellate litigation experience▶ 2:09:33 and Tung about his 2019 Townhall op-ed defending originalism, citing Kyllo v. United States▶ 2:11:34.

• Sen. Cory Booker (D-NJ)▶ 2:14:49: Pressed Tung on his friendship with Mike Davis and Davis's description of Democrats as "relentless and evil," asking Tung to disavow the characterization▶ 2:16:31.

• Chair John Kennedy (R-LA)▶ 2:20:32: Got Tung to state he does not think Republicans, Democrats, or independents are "evil"▶ 2:20:58; later grilled Meredith and Mercer on First Amendment/common-carrier theory, zoning, and permitting fees, citing Sheetz v. County of El Dorado▶ 3:17:07.

• Sen. Eric Schmitt (R-MO)▶ 2:21:30: Praised Tung's restraint on political questions and criticized "Judge Boasberg" (referred to as "Judge Post birds" in transcript) for commenting on Trump▶ 2:22:01; discussed dissents and the Ninth/First Circuits' reversal records with Tung and Dunlap▶ 2:22:53.

• Sen. Chris Coons (D-DE)▶ 2:27:06: Asked Tung and Dunlap about their July 2 Oval Office meeting with President Trump▶ 2:27:26 and pressed Tung on recusal standards for cryptocurrency-related cases given his prior clients▶ 2:28:45.

• Sen. Ted Cruz (R-TX)▶ 2:31:40: Delivered an extended critique of Ninth Circuit rulings (Kennedy v. Bremerton, California v. Greenwood, Ashcroft v. al-Kidd) and First Circuit venue-shopping on birthright citizenship suits▶ 2:32:37.

• Mr. William Mercer, Montana district nominee▶ 2:38:17: Thanked Trump, Daines, and Sheehy▶ 2:38:17; defended the compromise child-sex-abuse statute-of-limitations bill he initially opposed▶ 2:46:48; confirmed Brown v. Board and Loving were correctly decided but treated Obergefell only as binding precedent▶ 3:01:35.

• Mr. Stephen Chad Meredith, Kentucky district nominee▶ 2:40:11: Said he did not review Governor Bevin's pardon file for Patrick Baker▶ 2:43:22; defended his legal argument that closing Kentucky's last abortion clinic was not an undue burden given travel distances▶ 3:03:15; confirmed Brown and Loving correctly decided but declined to grade other precedents▶ 3:00:50.

• Sen. Richard Blumenthal (D-CT)▶ 2:56:24: Asked Meredith whether he agreed with Trump's criticism of the Federalist Society▶ 2:57:08; pressed both Meredith and Mercer on Brown, Loving, and Obergefell▶ 3:00:08.

• Sen. Amy Klobuchar (D-MN)▶ 3:02:25: Questioned Meredith on the Kentucky abortion-clinic closure argument▶ 3:03:01 and both nominees on adherence to Griswold and compliance with court orders, citing Chief Justice Roberts's year-end report▶ 3:05:18.

Key moments

• Grassley opened by publicly rebuking President Trump for attacking him and Senate Republicans over the blue-slip tradition, calling the comments personally offensive▶ 0:34:08.

• Durbin detailed a stark contrast in consultation timelines: the Biden White House discussed circuit vacancies with home-state senators for 6–9 months, versus roughly two to three months for Dunlap and Tung▶ 0:40:15.

• Tung, pressed repeatedly by Sen. Welch and Durbin on his 2004 remark that "women are simply better than men at some things," declined to say whether his views have changed, citing judicial ethics canons▶ 1:19:41▶ 1:30:34.

• Sen. Whitehouse got Dunlap to acknowledge he chose to intern at Alliance Defending Freedom (ADF) during law school and wrote op-eds opposing a Maine same-sex marriage ballot initiative, despite Dunlap's earlier framing of the issue as merely about stolen political signs▶ 1:56:19.

• Sen. Booker pressed Tung at length to state that Democrats are not "evil," which Tung repeatedly declined to do by calling it a "political question," until Chair Kennedy directly asked and Tung answered "I don't think that"▶ 2:20:32▶ 2:20:58.

• Sen. Welch confronted Meredith with details of the Patrick Baker pardon — a $21,500 fundraiser contribution from Baker's brother to Governor Bevin preceding a pardon that cut a 19-year murder sentence to 2.5 years served — and Meredith repeatedly said he was not aware of the facts▶ 2:54:21▶ 2:54:41.

• Sen. Blumenthal noted Meredith called the Federalist Society "one of my favorite organizations ever" in 2021, then asked if he agreed with Trump's criticism of the group as giving "bad advice"; Meredith declined to comment▶ 2:57:08▶ 2:57:28.

• Both district nominees, Mercer and Meredith, affirmed Brown v. Board and Loving v. Virginia were correctly decided but declined to characterize Obergefell as correctly decided, calling it only binding precedent▶ 3:00:14▶ 3:01:35.

• Chair Kennedy used an extended hypothetical about the New York Times, TV stations, and AT&T to press Meredith and Mercer on First Amendment and common-carrier distinctions, then pivoted to zoning authority and cited Sheetz v. County of El Dorado on permit fees▶ 3:16:40▶ 3:17:07.

• Sen. Cruz's opening statement catalogued Ninth Circuit reversals including Kennedy v. Bremerton School District (6-3), California v. Greenwood, and Ashcroft v. al-Kidd (8-0), and noted all five active First Circuit judges are Democratic appointees▶ 2:33:39▶ 2:35:40.

Metadata

Official titleHearings to examine the nominations of Joshua D. Dunlap, of Maine, to be United States Circuit Judge for the First Circuit, Eric Chunyee Tung, of California, to be United States Circuit Judge for the Ninth Circuit, William W. Mercer, to be United States District Judge for the District of Montana, and Stephen Chad Meredith, to be United States District Judge for the Eastern District of Kentucky.
CommitteeSenate Judiciary
Chamber / CongressSenate · 119th Congress
DateJuly 30, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript595 caption blocks · 22,141 words · 3:18:40 runtime
EventCongress.gov 337312