Alex Padilla U.S. Senator for California

WASHINGTON, D.C. — Today, U.S. Senator Alex Padilla (D-Calif.), a member of the Senate Judiciary Committee, pressed Eric Tung, nominee to the U.S. Court of Appeals for the Ninth Circuit, headquartered in San Francisco, on his extreme conservative ideology, including his past public comments decrying “radical feminists try[ing] to blur gender roles” and his role leading anti-labor protests pushing messages including “end mandatory maternity leave.”

During Tung’s nomination hearing, Padilla underscored the concerning pattern of Republicans confirming partisan ideologues as the Supreme Court and conservative judges continue to erode public trust through extreme rulings that break longstanding legal precedent.

Both Padilla and Senator Adam Schiff (D-Calif.) previously opposed the nomination of Tung, and instead recommended Republican judges previously nominated by President Trump to the district court. The Trump Administration’s refusal to meaningfully consult with home‑state Senators on these nominees follows a pattern of bypassing of the Senate’s advice‑and‑consent duty, including Trump’s recent power grab to keep Bill Essayli empowered as top prosecutor for the Central District of California.

Padilla also slammed Tung for lacking the necessary trial litigation experience to serve a lifetime appointment as a judge. Tung has never served as the sole or lead counsel in a case tried to verdict or to judgment from the bench, and he estimates that only 10 percent of his work has been on criminal cases.

• “I’m opposed because Mr. Tung believes in a conception of the Constitution that rejects equality and liberty, and that would turn back the clock and continue to exclude vast sections of the American public from enjoying equal justice under the law.”

• “In just the last few years, we’ve seen what extreme, conservative ideology has done to erode public trust in institutions like the judiciary, including and especially the Supreme Court, as long-established legal precedents have taken a back seat to whatever novel conservative legal approach accomplishes the desired political outcome. By continuing to confirm extreme ideologues to the federal bench, the Senate would be doing California and the American people a deep disservice.”

• “During the first six months in office, Donald Trump has mounted a historic attack on our nation’s justice system. He’s tried to remake the Department of Justice and even the federal bench in his own image, rewarding those who have demonstrated their loyalty to him over the rule of law.”

In his questioning, Padilla blasted Tung for his past sexist comments and criticism of the “welfare state” and “dissolution of the family.” Tung has said he believes “in gender roles and that women are simply better than men at some things. When these radical feminists try to blur gender roles, they undermine institutions like marriage — institutions which hold society together.” Tung dodged Padilla’s questioning on his past comments and refused to say when his viewpoints changed on women’s role in the workplace.

• PADILLA: Mr. Tung, can you list for us the things that you believe women are “simply better at than men?”

• TUNG: Senator, again, the comments you’re referencing, and captured by a Yale Daily News reporter, were captured over 20 years ago when I was an undergraduate in college.

• PADILLA: I understand that, but that was 2006 not 1956. Even the year 2006, I don’t think the country’s mood level and the law was what you’re suggesting here. … Do you still believe that women should stay home and not go out into the workplace?

• TUNG: Senator, the suggestion that I think women should not be provided with the same professional opportunities as men is inaccurate.

• PADILLA: So at what point in the last 20 years, not 50 or 60, just in the last 20 years, did your mind change on this?

• TUNG: Senator, my views on policy matters and sociological matters that you’re referencing again, are the subject of wide debate, and for that reason, as a nominee sitting here today before the committee, I cannot answer under judicial canons.

Padilla also questioned Tung on his leadership of an anti-Labor Day protest and attacks against workers. At Yale, Tung was the president of a group called “the Committee for Freedom” that organized a protest on Labor Day, with protesters pushing messages including “end mandatory maternity leave — it hurts women,” and “workers of the world, get back to work!” Tung told the Yale campus that “unionized labor hurts consumers,” while proudly holding a sign that read “Union NO.” Padilla questioned how individuals with questions about labor law could trust Tung as a judge given his harsh anti-labor viewpoints.

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