The U.S. Senate Committee on the Judiciary convened on July 30, 2025, to discuss the nomination of Joshua Dunlap and Eric Tongue to the federal judiciary, with a sharp focus on the perceived judicial activism of the Ninth and First Circuits. The meeting highlighted concerns over the Ninth Circuit's history of rulings deemed overly liberal and contrary to constitutional principles.

Senators criticized the Ninth Circuit for its "extreme activism," citing several controversial decisions, including the case of Kennedy v. Bremerton School District, where the court upheld the firing of a high school football coach for praying on the field. This ruling was later overturned by the Supreme Court, which restored the coach's rights and criticized the Ninth Circuit's stance on religious expression.

The discussion also touched on the First Circuit, noted for its entirely Democratic-appointed judges, which has become a venue for progressive litigants challenging conservative policies. Senators emphasized the importance of judicial appointments, arguing that when judges prioritize politics over the law, fundamental rights are at risk.

Both nominees affirmed their commitment to uphold the First Amendment, with Dunlap stating he would apply its protections equally to all parties. The committee's discussions underscored the ongoing debate over judicial philosophy and the impact of court rulings on American law and society. As the nomination process continues, the implications of these appointments could significantly shape the judicial landscape in the years to come.