The United States Senate has approved the first and only nominee put forward by Donald Trump for the Boston-based federal appeals court. The confirmation marks a notable development for a court where most active judges had previously been appointed by Democratic presidents and where several rulings had challenged policies supported by Trump.
The Republican-led Senate voted 52–46 largely along party lines to confirm Joshua Dunlap, a conservative attorney from Maine. Dunlap will now serve as a life-tenured judge on the United States Court of Appeals for the First Circuit, one of the country’s 13 federal appellate courts. Prior to his confirmation, the First Circuit was the only federal appeals court without any active judges appointed by Republican presidents, a factor that had contributed to its reputation as one of the more liberal-leaning appellate courts.
Because of that composition, federal district courts in New England had become a frequent venue for legal challenges to Trump-era policies. Democratic state attorneys general and advocacy organizations often filed lawsuits in the region, expecting that appeals would eventually be heard by a court largely appointed by Democratic administrations.
During his first presidential term from 2017 to 2021, Trump did not appoint any judges to the First Circuit. At the beginning of his second term, it briefly appeared that he might also miss the opportunity to fill this particular vacancy. His Democratic predecessor, Joe Biden, had nominated Julia Lipez to replace Judge William J. Kayatta Jr.. However, Biden was unable to secure Senate confirmation for Lipez before leaving office.
Kayatta, who had originally been appointed by Barack Obama, formally took senior status in October 2024, just days before the presidential election that ultimately returned Trump to the White House. His shift to senior status created the vacancy that allowed Trump to nominate a successor.
In July, Trump selected Dunlap, a partner at the law firm Pierce Atwood, to fill the open seat. When announcing the nomination, Trump said Dunlap would “fearlessly defend our Constitution” if confirmed to the bench.
Dunlap earned his undergraduate degree from Pensacola Christian College before attending Notre Dame Law School, where he graduated in 2008. While in law school, he interned with Alliance Defending Freedom, a conservative Christian legal advocacy group known for litigating cases related to religious freedom and constitutional rights.
Throughout his legal career, Dunlap has been involved in several high-profile cases in Maine. His work has included legal challenges to the state’s paid family and medical leave program, disputes over campaign finance regulations, and litigation involving the use of ranked-choice voting in state elections. Supporters say his experience in constitutional and election law makes him well suited for the federal bench, while critics argue that his background reflects a strongly conservative legal philosophy.
Dunlap’s confirmation was the second judicial appointment approved by the Senate during the same week, signaling a renewed effort by the administration to shape the federal judiciary.
Another Appeals Court Appointment
In a separate vote, the Senate also confirmed Eric Tung to serve on the United States Court of Appeals for the Ninth Circuit, the San Francisco-based appellate court that hears cases from much of the western United States.
The Republican-controlled Senate approved Tung’s nomination 52–45, again largely along party lines. Tung, currently a partner at the law firm Jones Day, becomes the first judge nominated by Trump to the Ninth Circuit during his second administration.
Tung previously clerked for two prominent conservative justices on the Supreme Court of the United States: Neil Gorsuch and the late Antonin Scalia. His confirmation adds to the significant number of judges Trump appointed to the Ninth Circuit during his first term. Between 2017 and 2020, Trump named 10 judges to the court, gradually shifting its ideological balance.
For many years, the Ninth Circuit was widely considered the most liberal federal appeals court in the country. While Democratic appointees still hold a majority, the gap has narrowed. Following Tung’s confirmation, the court now includes 16 judges appointed by Democratic presidents and 13 appointed by Republican presidents.
Trump nominated Tung in July to replace Sandra Segal Ikuta, who announced earlier in the year that she would step down once a successor was confirmed. When announcing the nomination on social media, Trump described Tung as a “tough patriot” and said he would defend the rule of law in what he called the “most radical, leftist states.”
The Ninth Circuit has jurisdiction over nine western states, including California, Oregon, and Washington, as well as several U.S. territories. Because of its large geographic coverage and the volume of cases it handles, the court often plays a major role in shaping national legal debates.
Before joining Jones Day, Tung served as a federal prosecutor and also worked at the United States Department of Justice. Earlier in his career, he clerked for Gorsuch twice—first when Gorsuch served on the United States Court of Appeals for the Tenth Circuit, and again after Gorsuch was confirmed to the Supreme Court in 2017. Tung also clerked for Justice Scalia prior to the justice’s death in 2016.
With the confirmations of Dunlap and Tung, the Trump administration continues to expand its influence over the federal judiciary, a strategy that both Republican and Democratic presidents have used to shape the long-term direction of U.S. law and constitutional interpretation.
