AIJudiciary Committee votes on First and Ninth Circuit and district court nominees

DOJ and Judicial Nomination VotesSenate Judiciary · 2025-09-11 · 119th Congress
The Senate Judiciary Committee met to vote on a slate of judicial and U.S. Begins at 0:21:20
Transcript
Highlights

Title

Judiciary Committee votes on First and Ninth Circuit and district court nominees

Purpose

The Senate Judiciary Committee met to vote on a slate of judicial and U.S. Attorney nominations, including circuit judges Joshua D. Dunlap (First Circuit) and Eric Chunyee Tung (Ninth Circuit), district judges William W. Mercer (Montana) and Stephen Chad Meredith (Eastern Kentucky), and numerous U.S. Attorney nominees. Chair Grassley opened by marking the anniversary of the September 11 attacks and the previous day's assassination of Charlie Kirk, then devoted extended remarks to accusing Senate Democrats of unprecedented obstruction of U.S. Attorney confirmations, prompting a rebuttal from Ranking Member Durbin. Begins at0:21:20

Who spoke

Chair Chuck Grassley (R-IA)0:21:20: Reflected on 9/11 and Charlie Kirk's assassination0:23:16; accused Senate Democrats of unprecedented obstruction of U.S. Attorney nominees, noting 94% of Biden's U.S. Attorney nominees were confirmed by voice vote versus zero this Congress0:25:17; said Sen. Schumer objected to honoring prior voice votes, forcing revotes on 10 already-approved U.S. Attorneys0:29:29; announced opposition to Dunlap over the committee's prior elimination of the blue-slip for circuit nominees and Dunlap's anti-abortion and anti-gay-marriage record0:40:54; presided over the roll-call votes on all nominations0:43:12.

Sen. Dick Durbin (D-IL), Ranking Member0:31:12: Recalled his own experience on 9/11 in the Capitol0:31:41; disputed Grassley's "unprecedented" characterization, citing Sen. Tom Cotton's 2021 hold on U.S. Attorney nominees and then-Sen. Vance's 18-month blockade of Biden's U.S. Attorney nominees0:34:050:35:06; said he had personally agreed not to object to at least three nominees but could not control Sen. Schumer's floor objection0:37:44; opposed Mercer over his handling of a sexual-abuse statute-of-limitations bill and a judge's rebuke for "pursuing statistics rather than justice"0:50:00; opposed Meredith over comments that female patients "don't understand" their own medical needs0:51:44; opposed Tung, citing his "originalist" answers rejecting constitutional rights to abortion and same-sex marriage0:48:05.

Sen. Katie Britt (R-AL)0:36:48: Pressed Grassley and Durbin for clarification on who specifically was blocking the voice-vote agreement, establishing that Sen. Schumer was the source of the objection0:37:050:38:12.

Sen. Adam Schiff (D-CA)0:47:13: Opposed Tung's nomination, calling his views on the Dobbs decision and related due-process issues "well outside the mainstream"0:47:13; said neither he nor Sen. Padilla would return blue slips for Tung0:47:43.

A committee member (Tennessee U.S. Attorney nominee's supporter)0:54:17: Argued Democrats had previously overridden home-state senators' objections on nominees, and praised David Dunavant's record of a 13% drop in Memphis violent crime and a 58% increase in federal firearms cases filed0:54:41.

Key moments

Grassley stated 94% of Biden's U.S. Attorney nominees were confirmed by voice vote, while none have been confirmed by voice vote on the floor this Congress0:25:17.

Durbin countered that the current obstruction is not "unprecedented," pointing to Sen. Cotton's eight-month hold in 2021 and then-Sen. Vance's 18-month blockade that stalled 68 of 93 Biden U.S. Attorney nominees0:34:050:34:35.

Britt's direct questioning forced Grassley and Durbin to confirm that Sen. Schumer, not Durbin, was blocking the voice-vote agreement on the floor0:36:480:38:08.

Grassley announced opposition to Dunlap for the First Circuit, citing the committee's earlier decision to eliminate the blue slip for circuit nominees and Dunlap's record supporting a wrongful-death cause of action for an unborn child and anti-gay-marriage internships0:39:520:40:540:42:27.

Grassley opposed Eric Tung for the Ninth Circuit, saying Tung lacks trial experience as sole lead counsel and was rejected by the White House after Grassley and Schiff proposed alternative Republican candidates0:45:400:46:09.

Durbin quoted Tung's self-identification as an "originalist" who answered "no" on constitutional rights to abortion and same-sex marriage, and warned Tung's views could extend to reviving criminal prosecution of consenting adults0:48:050:48:32.

The Dunlap nomination was reported out by roll call vote0:43:12; Tung's nomination was reported favorably despite Grassley, Durbin, and Schiff's opposition0:48:55.

Several U.S. Attorney nominations passed by lopsided votes, e.g., Adam Sleeper (Virgin Islands) 17-51:00:29 and David Rosen 20-21:06:02.

Sen. Padilla changed his vote to "aye" on the Waterman nomination after initial inaudible response, allowing it to be favorably reported1:05:12.

Durbin noted Sen. Welch asked the record to reflect he would have voted no on David Metcalf (Eastern District of Pennsylvania) had it been an individual vote, which Grassley entered without objection1:07:341:07:50.

Metadata

Official titleBusiness meeting to consider the nominations of Joshua D. Dunlap, of Maine, to be United States Circuit Judge for the First Circuit, Eric Chunyee Tung, of California, to be United States Circuit Judge for the Ninth Circuit, William W. Mercer, to be United States District Judge for the District of Montana, Stephen Chad Meredith, to be United States District Judge for the Eastern District of Kentucky, Arch Capito, to be United States Attorney for the Southern District of West Virginia for the term of four years, David Dunavant, to be United States Attorney for the Western District of Tennessee for the term of four years, Matthew Harvey, to be United States Attorney for the Northern District of West Virginia for the term of four years, John Heekin, to be United States Attorney for the Northern District of Florida for the term of four years, Scott Leary, to be United States Attorney for the Northern District of Mississippi for the term of four years, Leif Olson, to be United States Attorney for the Northern District of Iowa for the term of four years, Adam Sleeper, to be United States Attorney for the District of the Virgin Islands for the term of four years, and David Toepfer, to be United States Attorney for the Northern District of Ohio for the term of four years.
CommitteeSenate Judiciary
Chamber / CongressSenate · 119th Congress
Date2025-09-11
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript124 caption blocks · 5,416 words · 1:08:22 runtime
EventCongress.gov 337398