NAPABA, APAICS Hail New Federal Judges Ho and Choudhury

By Jennie L. Ilustre

Top Asian American organizations have lauded the Senate confirmation of Dale Ho as federal judge to the U.S. District Court for the Southern District of New York and Nusrat Choudhury to the U.S. District Court for the Eastern District of New York.

          Judge Choudhury is the first Bangladeshi American and the first Muslim American woman to serve as an Article III judge.

The National Asian Pacific American Bar Association (NAPABA) and the Asian Pacific American Institute for Congressional Studies (APAICS) also strongly urged Senate to confirm Susan Kim DeClercq, who would be the first Korean American federal judge in Michigan.

Remarked NAPABA President Sandra Leung: “NAPABA congratulates Dale Ho and Nusrat Choudhury on their confirmation to U.S. District Court. We are proud to have supported their nominations.”

“A nationally renowned voting rights expert, Judge Ho received the NAPABA President’s Award and, in 2017, the NAPABA Best Under 40 Award,” she noted in an email. “Judge Choudhury is a champion of civil rights and has a distinguished career in criminal justice reform.”

“Judge Ho and Judge Choudhury’s nominations were widely supported by the Asian American and Native Hawaiian community, leading practitioners, women and civil rights groups, law enforcement, law professors, and students,” NAPABA Executive Director Priya Purandare said on June 15. “Today, we collectively celebrate and welcome our two newest federal judiciary members.”

NAPABA thanked President Biden “for nominating Judge Ho and Judge Choudhury, and Senate Majority Leader Chuck Schumer and Senator Kirsten Gillibrand for supporting and recommending their nominations.”

APAICS

APAICS President & CEO Madalene Xuan-Trang Mielke said in an email: “We congratulate Dale Ho on his confirmation to the U.S. District Court for the Southern District of New York. A nationally renowned voting rights expert, Dale argued two cases before the U.S. Supreme Court and served as the national director of the ACLU Voting Rights Project.” 

“Active in the AA & NH/PI community, Dale has worked to ensure the rights of immigrants are upheld in our courts. We are excited to see him on the federal judiciary,” she added.

Tough Road for Ho  

The media reported all Democrats, except Senator Joe Manchin (West Virginia), voted for Ho. Democrats have a slim 51-49 majority in the U.S. Senate. Two Independents who caucus with Democrats also voted for Ho.

All the Republican senators voted “No.” They cited Ho’s previous tweets against three Republican senators, and also his ACLU advocacy work, according to Huffpost.

Manchin also noted Ho’s tweets. His prior inflammatory statements “make me doubt whether he can be impartial when interpreting the Constitution,” Huffpost quoted Manchin as saying.

The U.S. Senate confirmed Ho, 46, on June 14. Huffpost reported the vote was a major victory for progressives. Since President Joe Biden nominated Ho in 2021 at the start of his term, progressives have been working for Ho’s confirmation. Ho fell short in 2021, due to Republican opposition. Biden nominated him again in 2022.

Judge Ho

NAPABA President Leung pointed out: “Notably, Judge Ho has argued two crucial cases before the Supreme Court of the United States, challenging the inclusion of a citizenship question on the 2020 Census and the exclusion of undocumented immigrants from the population count to determine apportionment for the U.S. House of Representatives.”

The wikipedia noted that in the 2019 case of the Department of Commerce v. New York, Ho represented a coalition of immigrant advocacy groups which successfully challenged then President Donald Trump’s plan to include a citizenship question on the 2020 US census questionnaire.

Judge Ho previously clerked for the Honorable Barbara Jones on the U.S. District Court for the Southern District of New York, and also Judge Robert S. Smith of the New York Court of Appeals. He is a graduate of Princeton University and Yale Law School.

Judge Choudhury

NAPABA President Leung highlighted Judge Choudhury’s sterling career. “Judge Choudhury served as the Roger Pascal Legal Director at the ACLU of Illinois, overseeing a team advancing civil rights and civil liberties. She has over a decade of experience advocating for underserved communities in her previous roles at the ACLU Foundation in New York.”

She noted that Choudhury “clerked for the Honorable Barrington D. Parker of the U.S. Court of Appeals for the Second Circuit and for the Honorable Denise Cote of the U.S. District Court for the Southern District of New York.”

Choudhury received her B.A. degree from Columbia University, M.P.A. from Princeton University, and J.D. from Yale Law School.

Susan DeClercq

NAPABA Deputy Executive Director on Policy Rahat N. Babar wrote in an email: “NAPABA is grateful to President Biden for nominating highly qualified individuals from the AANHPI community to the federal bench, including Susan K. DeClercq.” 

“Her experiences in both the private and public sectors prepare her well to become a United States District Court Judge, and we urge the United States Senate to advance her nomination and confirm her swiftly.”

Asked regarding the chances of DeClercq becoming the first Korean American federal judge in Michigan, APAICS President & CEO Mielke replied: “She has had a distinguished career as a federal prosecutor for nearly two decades. She is strongly supported by Senator (Debbie) Stabenow and Senator (Gary) Peters, her home state senators. Based on her Senate judiciary committee hearing, I am confident she will receive strong bipartisan support on her nomination.”

She added: “As a Korean American adoptee, her immigrant story is relatable to many in our community. Her life experience and stellar credentials have prepared her well to serve the people of Michigan on the Federal bench.”