With two appellate confirmations in one week, President Trump reshapes the federal judiciary in regions long dominated by Democratic-appointed judges.
The U.S. Senate delivered a significant victory to President Donald Trump this week, confirming the first and only judicial nominee of his second term to the Boston-based 1st U.S. Circuit Court of Appeals — a court that, until now, had never included an active judge appointed by a Republican president.
In a 52–46 vote that fell strictly along party lines, the Republican-controlled Senate approved Joshua Dunlap, a Maine attorney known for representing conservative causes, for a lifetime appointment to the influential appellate bench.
The decision marks a historic shift for the 1st Circuit, which covers Maine, Massachusetts, New Hampshire, Rhode Island, and Puerto Rico, and has long been a legal stronghold for Democratic attorneys general, advocacy groups, and litigants seeking favorable rulings against the Trump administration.
A Court Long Dominated by Democrats
For years, the 1st Circuit has stood apart from the other 12 federal appellate courts.
While Trump made dozens of appointments to circuits across the country during his first term, he never secured a seat on the 1st Circuit. Every active judge on the court had been appointed by a Democrat — a rarity in the federal judiciary and a key reason the region became a strategic venue for legal challenges to Trump-era policies on immigration, healthcare, environmental regulations, and education.
That position almost carried into Trump’s second term.
In 2024, President Joe Biden had nominated Julia Lipez to fill the soon-to-be-vacant seat held by Judge William Kayatta, an Obama appointee taking senior status. But Senate Democrats were unable to secure her confirmation before Biden left office.
Kayatta formally announced his transition to senior status just days before Trump won re-election in November 2024, opening the door for Trump to fill the vacancy instead.
Joshua Dunlap: A Conservative Litigator with a Robust Legal Portfolio
President Trump nominated Joshua Dunlap, a partner at the Maine-based law firm Pierce Atwood, in July 2025. Known for his work in constitutional litigation and cases challenging state regulatory policies, Dunlap is considered a rising star within conservative legal circles.
“He will fearlessly defend our Constitution,” Trump said upon announcing the nomination.
Dunlap’s background underscores the ideological shift he brings to the historically left-leaning court:
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Education:
Bachelor’s degree from Pensacola Christian College; law degree from Notre Dame Law School (2008). -
Early Experience:
Interned with what is now known as the Alliance Defending Freedom, a conservative legal organization focused on religious liberty cases. -
Legal Work:
Represented clients in high-profile challenges to:-
Maine’s paid family and medical leave program
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Campaign finance regulations
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The state’s ranked-choice voting system
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Dunlap’s legal philosophy, rooted in skepticism toward broad state regulatory power, is expected to shift the ideological balance of the 1st Circuit for decades.
A Second Major Confirmation: Trump Adds Another Judge to the 9th Circuit
Dunlap’s confirmation was not the only judicial victory for President Trump this week.
The Senate also approved Eric Tung, a respected attorney and former federal prosecutor, to serve on the San Francisco-based 9th U.S. Circuit Court of Appeals — widely known as the most historically liberal appellate court in the country.
The vote, 52–45, again followed party lines.
Tung becomes the 10th judge Trump has placed on the 9th Circuit when combining his first and second terms, substantially altering the ideological trajectory of a court that oversees nine western states, including California, Oregon, Nevada, and Washington.
His confirmation narrows the court’s liberal majority:
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16 Democratic appointees
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13 Republican appointees (including Tung)
That margin was once far larger but has steadily tightened since Trump’s first term.
Who Is Eric Tung? A Resume Aligned with Conservative Judicial Philosophy
Tung’s career reads like a blueprint for a federal appellate nominee favored by conservative legal networks.
Before joining Jones Day, a prominent law firm that has provided significant legal support to Republican administrations, Tung served as:
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A federal prosecutor
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An attorney with the U.S. Department of Justice
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A law clerk for Justice Neil Gorsuch (twice):
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once at the 10th Circuit
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again at the U.S. Supreme Court after Trump appointed Gorsuch in 2017
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A law clerk for the late Justice Antonin Scalia, whose originalist philosophy continues to guide conservative jurisprudence
Upon nominating Tung, Trump declared on social media:
“A Tough Patriot. A defender of the Rule of Law in the most RADICAL, Leftist States.”
The statement underscored Trump’s longstanding criticism of the 9th Circuit, which he once derided as a hostile political weapon against his policies. Tung now joins a growing contingent of Republican-appointed judges working to reshape the court’s direction.
The Larger Impact: Trump’s Second-Term Judicial Strategy Takes Shape
The dual confirmations — one in New England, one on the West Coast — highlight the Trump administration’s accelerated efforts to reshape the federal judiciary in its second term.
While judges confirmed during a president’s first term often set the long-term tone of the federal courts, second-term appointments are especially consequential. They often:
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replace aging Democratic appointees
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shift ideological balances in once-liberal regions
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influence decades of legal decisions
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determine outcomes of appeals on immigration, regulation, and constitutional rights
The 1st Circuit and 9th Circuit are among the most influential appellate courts, second only to the Supreme Court in shaping national legal precedent.
With Dunlap and Tung confirmed, Trump has now secured footholds in both regions.
Why These Appointments Matter Politically
The impact of these confirmations stretches beyond legal theory and into national politics.
1. New England’s Courts No Longer a Safe Haven for Democratic Litigators
For years, Democratic attorneys general strategically filed lawsuits against Trump policies in the 1st Circuit and its district courts, expecting favorable rulings.
Dunlap’s confirmation disrupts that pattern.
2. The 9th Circuit Continues Its Transformation
Once considered the most reliably liberal appellate bench in the nation, the 9th Circuit has steadily shifted right. Tung’s confirmation accelerates this transformation.
3. Trump’s Judicial Legacy Expands
During his first term, Trump appointed over 200 federal judges — a record unmatched in recent administrations.
His second term is building on that foundation, ensuring that Trump’s influence over the federal judiciary extends well into the middle of the 21st century.
The Political Battle Behind the Scenes
Both confirmations faced strong opposition from Senate Democrats, who argued that the nominees were too ideologically rigid and would erode protections in cases involving:
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voting rights
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environmental regulations
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reproductive rights
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civil liberties
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labor law
Republicans countered that the judges were qualified, fair, and committed to constitutional principles.
Senate Majority Leader Mitch McConnell praised the confirmations as part of an ongoing effort to restore “judicial balance” to courts allegedly dominated by left-wing legal philosophies.
Conclusion: A Judicial Map Being Redrawn
With the confirmations of Joshua Dunlap and Eric Tung, President Trump has fundamentally reshaped two major circuits that were once Democratic bastions.
The decisions of these courts will influence:
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immigration law
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environmental policy
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election disputes
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regulatory power
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constitutional interpretation
for a generation or more.
In New England and on the West Coast — two regions where Trump has long clashed with political leaders — the federal judiciary is now undergoing a profound realignment.
It is a shift that both supporters and critics agree will have lasting national consequences.
Adrian Hawthorne is a celebrated author and dedicated archivist who finds inspiration in the hidden stories of the past. Educated at Oxford, he now works at the National Archives, where preserving history fuels his evocative writing. Balancing archival precision with creative storytelling, Adrian founded the Hawthorne Institute of Literary Arts to mentor emerging writers and honor the timeless art of narrative.