Senate Confirms First Trump Nominee to Boston Appeals Court, Ending Years of Democratic Dominance

The U.S. Senate has confirmed President Donald Trump’s first appointment to the Boston-based 1st U.S. Circuit Court of Appeals — a court that, until now, had no active judges appointed by a Republican president. The confirmation marks a significant shift for a circuit long viewed as a legal stronghold for Democratic-aligned state officials and advocacy groups.

In a 52–46 vote that broke strictly along party lines, the Senate approved the nomination of Joshua Dunlap, a conservative Maine attorney whose career has included challenges to several state-level progressive policies. With his confirmation, Dunlap assumes a lifetime position on the influential appellate court and becomes Trump’s only judge seated on the 1st Circuit across both of his presidential terms.

Filling a Seat Democrats Nearly Controlled

The seat Dunlap will fill was previously held by Judge William Kayatta, an Obama appointee who transitioned to senior status in October 2024, just before the presidential election that returned Trump to the White House. Former President Joe Biden had nominated Julia Lipez for the vacancy, but her confirmation stalled and ultimately failed to advance before Trump took office for a second term.

Had Biden succeeded, Trump would have remained without influence on the only appellate court fully appointed by Democratic presidents — a court that often hears challenges to federal policy brought by Democratic attorneys general from states such as Massachusetts, Rhode Island, and Maine.

Trump moved quickly once back in office, selecting Dunlap in July and calling him a “fearless defender of the Constitution.” Republicans unified behind the nomination, while Democrats opposed it, warning of a sharp ideological shift on a court historically considered moderate-to-liberal.

Dunlap’s Background and Legal Record

Joshua Dunlap comes to the court after working as a partner at Pierce Atwood, a prominent New England law firm. His educational path includes a degree from Pensacola Christian College followed by a law degree from the University of Notre Dame, where he graduated in 2008. During law school, he interned with the organization now known as Alliance Defending Freedom, a conservative Christian legal group.

Over his career, Dunlap has focused on cases that targeted several of Maine’s progressive reforms. He has challenged the state’s paid family and medical leave program, objected to elements of Maine’s campaign finance laws, and opposed the implementation of ranked-choice voting — a system New England voters have increasingly embraced.

His confirmation ensures the 1st Circuit will no longer be entirely composed of Democratic-appointed judges, altering the ideological balance of a key appellate court that hears federal cases from Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island.

A Second Major Confirmation in the Same Week

Dunlap’s confirmation came just days after another high-profile judicial appointment advanced through the Senate. In a 52–45 vote, senators approved Eric Tung to the 9th U.S. Circuit Court of Appeals, based in San Francisco. Tung becomes Trump’s first appointment to the 9th Circuit in his second term and adds to the 10 judges Trump placed on the court during his first four years in office.

Tung’s background includes work as a federal prosecutor, a stint at the U.S. Department of Justice, and a partnership at Jones Day, a law firm closely associated with several conservative legal causes. He previously clerked twice for Justice Neil Gorsuch — first on the 10th Circuit and later on the U.S. Supreme Court — and earlier clerked for the late Justice Antonin Scalia.

Trump lauded Tung during the nomination process, calling him a “tough patriot” committed to defending the rule of law in what he described as the “most radical, leftist states” under the 9th Circuit’s jurisdiction, including California, Oregon, and Washington.

Shifting the Balance on Two Key Circuits

Long known as the most liberal of the federal appellate courts, the 9th Circuit has seen its ideological tilt narrow significantly in recent years. With Tung’s confirmation, the court now consists of 16 Democratic-appointed judges and 13 Republican-appointed ones — a distribution far closer than in past decades, when Democrats overwhelmingly dominated.

Trump selected Tung to succeed Judge Sandra Segal Ikuta, who announced earlier this year that she would step down once a replacement was confirmed.

Combined, the Dunlap and Tung confirmations underscore Trump’s effort to reshape the federal judiciary in his second term, particularly in circuits where Democratic-appointed judges have historically steered key legal decisions.

A New Judicial Landscape

For the 1st Circuit, Dunlap’s arrival ends a long era of Democratic control and opens the door for more conservative judicial interpretations in cases that often involve national policy challenges.

For the 9th Circuit, Tung’s confirmation marks another step in a broader ideological realignment that began during Trump’s first term.

Both moves signal the continuing impact of Trump’s judicial strategy — one that could influence major legal battles for decades to come.