In a pivotal session of the U.S. Senate Committee on the Judiciary, nominees Eric Tong and another candidate faced intense scrutiny during their nomination hearing on July 30, 2025. The atmosphere was charged as senators delved into the nominees' judicial philosophies and their commitment to upholding the law impartially.
The hearing opened with a focus on the nominees' adherence to binding precedents, particularly the landmark Obergefell v. Hodges decision, which legalized same-sex marriage. Tong affirmed that, if confirmed, he would respect this precedent, emphasizing his role as a judge is to apply the law fairly, regardless of personal beliefs. "My personal policy preferences are not relevant to the work that I would do," he stated, underscoring his commitment to impartiality.
A significant moment arose when Senator Durbin questioned Tong about his connections to Mike Davis, a controversial figure known for his inflammatory remarks. Tong acknowledged Davis as a friend but distanced himself from Davis's views, stating, "The views expressed by Mr. Davis are not necessarily my views and vice versa." This exchange highlighted the scrutiny nominees face regarding their associations and the potential implications for their judicial conduct.
Senator Lee praised both nominees for their qualifications and understanding of the federal court system's role, emphasizing that courts should not engage in social disputes but rather interpret the law. Tong elaborated on his interpretive approach, stating he would begin with the text of the law and consider its context and historical background. He stressed the importance of adhering to the Constitution's bicameralism and presentment requirements, which ensure that laws are passed with accountability.
The discussion also touched on the nondelegation doctrine, which restricts Congress from transferring its legislative powers to unelected agencies. Tong expressed concern over potential violations of this principle, reinforcing his commitment to constitutional integrity.
As the hearing concluded, the nominees left a lasting impression on the committee, with their responses reflecting a deep understanding of the law's complexities and the responsibilities of the judiciary. The outcome of this hearing could significantly shape the future of the federal judiciary, as the committee prepares to make its recommendations on the nominees' confirmations.