Eric C. Tung

On July 15, 2025, President Trump nominated Eric C. Tung to the U.S. Court of Appeals for the Ninth Circuit. He was confirmed on November 5, 2025.

View/download the fact sheet here.

View/download our letter of opposition here.

View/download our report here.

Biography

Eric C. Tung earned his J.D. from the  University of Chicago School of Law (2010) and his B.A. in Philosophy from Yale University (2006).

Legal Experience

Tung currently works at Jones Day (2019 – Present). He has served as a law clerk for two Supreme Court justices —Justice Neil Gorsuch (2017-2018) and Justice Antonin Scalia (2012 – 2013). He also served as Counsel, U.S. Department of Justice – Office of Legal Policy (2017); Assistant U.S. Attorney for the Central District of California (2016 – 2017); Associate, Munger, Tolles & Olson LLP (2014 – 2016); Bristow Fellow, Office of the Solicitor General (2011 – 2012); and as a law clerk for Judge Neil Gorsuch at the U.S. Court of Appeals for the Tenth Circuit (2010 – 2011).

Tung is a member of the Federalist Society and Beverly Hills Bar Association. Other notable facts include:

• Signed a letter in support of Solicitor General Elizabeth Preloger’s confirmation.

• Filed an amicus brief on behalf of Circle Internet Financial LLC, in the SEC’s lawsuit against the crypto asset exchange Binance. The brief argues that standalone sales of payment stablecoins, like Circle’s USDC, are not securities. The court dismissed the portion of the SEC’s lawsuit that alleged that sales of Binance’s stablecoin were securities transactions.

• Represented the California Hospital Association (CHA) against the City of Inglewood to invalidate a SEIU backed provision that increased minimum wage and benefits for health care workers.

• Represented Tornado Cash, a crypto platform, that was sanctioned by the Office of Foreign Assets Control (OFAC) under the International Emergency Economic Powers Act (IEEPA) for allegedly facilitating money laundering for malicious actors, including North Korea.

• Represented Huawei in their suit to invalidate the US ban on their services and equipment

• Represented UPS in front of the Ninth Circuit when UPS purportedly failed to offer plaintiff a union position as a reasonable accommodation for his back disability. The Ninth Circuit held that, where no available union position meets a union-member employee’s disability restrictions, a non-union position can be a reasonable accommodation.

• Represented an interested party in an injury suit where thousands of Peruvian citizens sued a mining and smelting company that cause more than 99% of the children born in the area to have lead poisoning

• Has spoken at two FedSoc events including a panel titled Has the Right Lost the Argument for Small Government? Where Josh Divine was a co-panelist.