Trump Appellate Pick Questioned Over Brief on Legislative Powers

President Donald Trump’s nominee for an appeals court seat in California was grilled on his stance in a Supreme Court case over whether the Constitution gives state lawmakers near-exclusive power to set the rules for congressional and presidential votes.

Eric Tung, a Jones Day partner in Los Angeles, faced questions at his Wednesday confirmation hearing on an amicus brief he signed in the 2023 Moore v. Harper case which defended the so-called independent state legislature theory and that election authority lies “exclusively in “the Legislature” of “each State,” and not any other entity.”

The justices ruled 6-3 to reject what ...