Eric Tung Nominee Hearing: Originalism, Same-Sex Marriage, and Election Integrity

Judicial Philosophy and Originalism

• ⚖️ Nominee Eric Tung identifies as an originalist and textualist, emphasizing adherence to the Constitution's text and historical understanding.
• 🧐 When questioned about the Emoluments Clause, Tung stated he could not dispute the text, which he acknowledged would apply to "any president of any kind, whatever."
• 🏛️ Regarding the founders' intent on gifts from foreign states, Tung cited judicial ethics and the complexity of live public issues, avoiding a direct answer on whether they would have accepted a large gift.

Precedent on Marriage Equality

• ❓ Senator Schiff pressed Tung on whether Obergefell v. Hodges (same-sex marriage) and Lawrence v. Texas (intimate relations among same-sex couples) were wrongly decided.
• 🙅 Tung repeatedly stated that as a circuit judge, he would be bound by Supreme Court precedent and declined to offer personal legal opinions on these cases.
• 🤝 In contrast, when asked about Loving v. Virginia (interracial marriage), Tung affirmed the decision, noting his own interracial marriage.

Independent State Legislature Theory

• 🗳️ The discussion shifted to Moore v. Harper and the independent state legislature theory, which Tung's brief supported.
• 📜 Tung stated that Moore v. Harper affirms that state courts can review legislative actions concerning elections based on the state constitution.
• ⚠️ Senator Schiff expressed concern that Tung's reluctance to directly affirm the reasoning in cases like Obergefell and Moore could lead him to narrow these rights, potentially empowering state legislators to overturn election results.