FACT SHEET: Information on Eric Tung, Trump's nominee To the Ninth circuit court of appeals

A Crypto-Friendly Vote

• The Ninth Circuit oversees Silicon Valley and has heard a number of crypto-related lawsuits in recent years.

• Tung has represented crypto firms seeking to avoid regulation in multiple cases. He represented the Blockchain Association in a brief opposing regulation of immutable smart contracts and argued for looser liability on a crypto tool while representing an investment firm backing crypto companies. In a major case involving the SEC’s regulation of Binance, Tung represented a stablecoin company which argued standalone sales of payment stablecoins were not securities.

• If Tung rules in favor of blocking crypto regulation, Trump’s personal fortune could stand to benefit. He has an estimated $2.9 billion crypto fortune, nearly 40% of his net worth.

Defended The Independent State Legislature Theory

• Tung represented the elections groups Restoring Integrity and Trust in Elections (RITE) in an amicus brief in Moore v. Harper, the Supreme Court case that tried to enstate the fringe, debunked claim that state legislatures can enact federal election laws without any checks and balances. The court rejected this theory, which would have allowed state legislators to violate the state constitution and the state courts couldn’t stop them.

Far-Right Pedigree

• In March, Davis floated Tung’s name for the Ninth Circuit position. After Trump’s announcement, Davis called Tung a “friend” and “former colleague.” The two both supported Justice Gorsuch’s Supreme Court nomination and clerked for him in adjacent terms in 2017.

• Tung also clerked for Justice Antonin Scalia. The Trump administration has said they are seeking to nominate judges in his mold.

Conservative Views On Women 

• As a Yale student, Tung said that “radical feminists” were undermining institutions like marriage when they “try to blur gender roles.”

• Tung has been long-tied to anti-abortion crusader Jonathan Mitchell, including serving as his counsel in a 2021 amicus brief before the Supreme Court.

Represented Corporate Interests

• Tung represented the UPS in a disability discrimination suit, and the U.S. Chamber of Commerce in multiple cases, including one lawsuit arguing Instacart workers should be classified as independent contractors with fewer benefits than employees.