On Friday, December 1, AABANY’s Litigation Committee and Judiciary Committee hosted an exclusive luncheon with EDNY Magistrate Judge James Cho at the EDNY courthouse in Brooklyn. The event was popular with AABANY members – it reached capacity within hours of the registration link being sent out! Eighteen attendees from AABANY’s membership and AABANY Executive Director were presented with an amazing opportunity to socialize with Judge Cho and each other. It was also a unique educational opportunity for the litigators in the group. It included a tour of Judge Cho’s courtroom and an exclusive Q&A with Judge Cho regarding practicing in his court. Thanks to Judge Cho and to all the AABANY members who attended.
To learn more about the Litigation Committee go to this page and the Judiciary Committee go to this page.
Contact: Rahat N. Babar, Deputy Executive Director for Policy
WASHINGTON – Today, the United States Senate confirmed Judge Loren L. AliKhan to serve on the U.S. District Court for the District of Columbia. Judge AliKhan is the first South Asian American woman to serve on this court.
“NAPABA congratulates Judge AliKhan on her confirmation,” said Anna Mercado Clark, President of NAPABA. “A former Solicitor General for the District and Judge on the District of Columbia Court of Appeals, Judge AliKhan will bring a wealth of experience in her service to the residents of Washington, DC on the U.S. District Court.”
“Judge AliKhan is the second Asian American that President Biden has nominated and confirmed to the U.S. District Court for the District of Columbia,” said Priya Purandare, Executive Director of NAPABA. “Today, President Biden has increased his record-breaking benchmark with 29 AANHPI Article III judges that the U.S. Senate has confirmed. We thank President Biden for nominating Judge AliKhan, and Delegate Norton for recommending her.”
Judge AliKhan was the first Asian American judge to sit on the District of Columbia Court of Appeals. Before her confirmation, she served as the Solicitor General of the District of Columbia, where she directed the District’s appellate litigation and has overseen more than 1,800 appeals before the D.C. Court of Appeals, the U.S. Court of Appeals for the D.C. Circuit and the Supreme Court of the United States. Judge AliKhan has the support of NAPABA’s affiliate, the Asian Pacific American Bar Association of the Greater Washington DC Area. She has been recognized with the Public Sector Trailblazer Award by the South Asian Bar Association of Washington D.C. and previously clerked for the Hon. Thomas L. Ambro on the U.S. Court of Appeals for the Third Circuit, and Judge Louis H. Pollak on the U.S. District Court for the Eastern District of Pennsylvania. Judge AliKhan is a graduate of Bard College at Simon’s Rock and the Georgetown University Law Center.
###
The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.
Contact: Rahat N. Babar, Deputy Executive Director for Policy
WASHINGTON – Since 1965, our Nation relied on the promise of Section 2 of the Voting Rights Act. It prohibits state and local governments from advancing any election or voting standard that discriminates on the basis of race or color. For decades, private parties brought numerous enforcement actions under Section 2, which became a critical tool to realize Section 2’s fundamental guarantee of equal voting rights for all Americans. Even the Supreme Court of the United States, as it invalidated a separate part of the Act in Shelby County v. Holder, 570 U.S. 529 (2013), recognized the ability of private parties to enforce Section 2 through litigation, observing not only that “individuals have sued to enforce [Section] 2,” but also that “Section 2 is permanent [and] applies nationwide.” And just this past term, in Allen v. Milligan, 599 U.S. _ (2023), the Supreme Court decided a Section 2 claim in favor of private litigants challenging Alabama’s congressional districting plan.
The United States Court of Appeals for the Eighth Circuit, however, seeks to chart a different course. On November 20, 2023, in a 2-1 decision that disregards decades of precedent, the court held in Arkansas State Conference NAACP v. Arkansas Board of Apportionment that private parties may not bring enforcement actions under Section 2. In its view, only the Attorney General of the United States may do so.
We disagree. Nothing in the plain text of Section 2 compels this result. Considering the long history of Section 2, coupled with Congress’s explicit countenance, the private enforcement mechanism is a central feature of Section 2’s protection of equal voting rights. The Eighth Circuit’s decision, which comes less than a year before the 2024 presidential election, risks upending widespread reliance on a core protection of the Act. If left intact, it leaves any vindication of Section 2 rights to the sole discretion of one government official rather than with the voters themselves.
While this litigation continues, NAPABA continues to call on Congress to strengthen the Voting Rights Act by restoring the Act’s coverage in the aftermath of Shelby County, maximizing the full protections for all eligible Americans to vote, and prohibiting voter suppression efforts that impact the Asian American community along with other communities of color.
###
The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.
On Giving Tuesday and through the holiday season, please support the work of the Asian American Bar Association of New York (AABANY) and the Asian American Law Fund of New York (AALFNY) to raise awareness of anti-Asian hate and violence, to advocate for solutions, and to ensure legal justice for the Asian American community. Here are some of the projects AALFNY funds:
Anti-Asian Violence Task Force
“Contributions to AALFNY benefit the work of the Anti-Asian Violence Task Force. Survivors of Asian hate crimes receive counseling and advice through the HEART program and a hate crimes reform bill was recently introduced in the New York State legislature,” notes Chris Kwok, chair of the Task Force.
AABANY’s Pro Bono Legal Clinic
“I was so taken aback by the pro bono legal clinic, just the fact that there was one for an Asian community, that I’m looking forward to ways that I can get involved if I could perhaps just volunteer for this pro bono legal clinic. It was a very healing experience for me, just to be acknowledged and to receive proper legal advice,” said a victim of an assault.
Public Interest Scholarships
“AALFNY’s funding allowed me to participate in a wonderfully educational summer working in BDS’s Immigration Practice and strengthened my commitment to a long-term career in immigration defense in the nonprofit sector,” a grateful scholarship recipient wrote.
Asian Voices Video
“The Asian Voices video co-produced by AALFNY is extremely powerful. It was poignant to see and hear survivors and family members of hate crime victims describe their experiences. Everyone should get a chance to see this video,” urges Rocky Chin.
Donations to AALFNY may be made at asianamericanlawfund.org/donate or by check to AALFNY, PO Box 161, 41 Purdy Ave., Rye NY 10580. AALFNY is a 501(c)(3) entity and donations are tax-deductible to the extent provided by law.
Your support enables us to serve the Asian American community through activities such as the AABANY Pro Bono Clinic, our Public Interest Scholarship Program which has funded more than 60 scholarships, and our support of AABANY’s Anti-Asian Violence Task Force. The Task Force’s activities include its Hate Eradication Active Response Team (HEART) which supports community members who have suffered a bias incident or hate crime and advocating for reform in hate crimes legislation. Donations can be designated for the Task Force by noting “in support of T3” or for the pro bono clinic by noting “in support of pro bono clinic.”
The Asian American Law Fund of New York was established in 1993 by the Asian American Bar Association of New York (AABANY) to create and support non-profit and charitable efforts to eliminate prejudice and discrimination and to defend human and civil rights. A copy of our latest annual financial report may be obtained, upon request, from us or from the NYS Attorney General’s Charities Bureau or (212) 416-8686. Our address is P.O. Box 161, 41 Purdy Ave., Rye NY 10580, contact [email protected]. The NYS Charities Bureau is at 28 Liberty Street, 15th Floor, New York, NY 10005
On November 21, 2023, the IP Committee convened at Dhaba Indian Cuisine for a pre-Thanksgiving dinner. Co-Chair of the IP Committee, Jeffrey Mok, ordered family-style dishes for everyone to share. A group of law firm attorneys, in-house counsel, and students connected over aromatic and spicy Punjabi specialties. Some highlights were the paneer cheese, baigan da bharta (tandoor smoked eggplant), and lamb biryani. Conversations ranged from how AI can transform legal business models and what to do in NYC over the holidays to stories about law school reunions and career paths.
Thanks to everyone who attended the pre-Thanksgiving IP Committee dinner. Please sign up for the IP Committee mailing list and look out for the next events! To learn more about the IP Committee, please click here.
On Saturday, November 4, 2023, the Asian American Bar Association of New York’s (AABANY) Student Outreach Committee (SOC) held its Fall 2023 Postering Campaign in Manhattan’s Chinatown. The event was co-sponsored by Mayer Brown LLP and AABANY’s Pro Bono and Community Service Committee.
Volunteers and law students from the Greater New York area donated their valuable time on a Saturday morning to distribute flyers and promote AABANY’s pro bono legal resources to local businesses and residents in Manhattan’s Chinatown. Our volunteers covered areas from East Broadway to Kenmare Street. Some volunteers reported that small business owners and residents were ecstatic to learn about our Pro Bono Clinics and are “grateful such a service exists for the Asian American community.”
After the postering campaign, our Executive Director, Yang Chen, invited the volunteers and law students to a complimentary group lunch at Deluxe Green Bo, a small Shanghainese restaurant in the heart of Chinatown. Our volunteers and law students enjoyed some tasty soup dumplings, seafood casseroles, pan-fried noodles, and yellow fish with dry seaweed.
AABANY would like to thank Mayer Brown for their support with the printed flyers and supplies.
We also express our sincere gratitude to the volunteers and law students below for their time, leadership, and overall commitment to giving back to the community.
Volunteers
Charlene Hong Emily Kong, Esq. (Mayer Brown) Justin Lee Vivian Lee William Lee, Esq. (Mayer Brown) Jameson Xu Sharon Yang Kelly Yao
Law Student Volunteers
Brooklyn Law
Kyle Hogan Michael Qian
Cardozo Law
Gabrielle Capulong Kimberly Cheung Justina Chen Isaac Kim Edwin Liu Angela Zhao
Columbia Law
Woohyeong Cho Melodie Han
Cornell Law
Sage Park
Fordham Law
Amanda Dai Yuanyuan Li Stephen Park
NYU Law
Dai An Jiang Zachery Lee Gina Tan Chris Wong Haixin Xie Jinge (Evelyne) Yang Hanyi Yu
On November 4, 2023, the IP Committee gathered for a relaxing afternoon of board games at the Uncommons board game cafe in the Village. On this beautiful sunny Saturday afternoon, we were glad to be able to welcome several newcomers – both practicing attorneys and law students – as well as familiar faces, over classic board games such as Catan, Unstable Unicorns, Sorry! and more. We had a cozy private room in the back just to ourselves within this bustling venue as the several board game aficionados amongst the group explained the rules of our games and led us through two hours of fun! We had such a great time that many attendees expressed interest in extending our time or, even better, holding a board game event on a regular basis (more to come on this, so please stay tuned!).
We would like to thank all of our attendees for joining us and making this event as enjoyable as it was. We are always looking forward to seeing more faces and welcoming newcomers and members alike. To learn more about the IP Committee, please click here.
On October 28, 2023, AABANY’s Asia Practice Committee hosted a foliage hiking trip in Cold Spring, New York. The Membership Committee was a co-sponsor of the hiking trip. This event was a perfect escape from the hustle and bustle of city life, offering all participants a refreshing break and the opportunity to connect with fellow nature enthusiasts.
Our chosen path for the day was the Bull Hill Trail, a delightful 3- to 4-hour hike that was accessible to both seasoned hikers and newcomers. The trail was well-marked and easy to follow, and its scenic views of the Hudson River and the surrounding area were nothing short of breathtaking. As we meandered through the woods, we found ourselves immersed in a stunning display of fall foliage, with trees cloaked in vibrant shades of red, orange, and gold.
One of the highlights of our journey was the discovery of ruins from a burned-down mansion, adding a touch of history and intrigue to the hike. It prompted us to ponder the stories and events that had once unfolded in this now-abandoned place. After the hike, a group of 10 participants gathered for dinner at the Riverview restaurant.
We extend our heartfelt thanks to all the participants who made this journey memorable. The Asia Practice Committee looks forward to organizing more enriching events that promote the beauty of nature, the spirit of adventure, and the bonds of community. To learn more about the Asia Practice Committee and how you can get more involved, click here.
On August 21, 2023, AsAm News published a piece written by Rachel Phua titled “The Pandemic Emergency May Be Over, But Anti-Asian Hate Is Not.” AABANY was featured in this article, which details the alarming ongoing hate crimes against Asians in America and its effects on Asian-Americans.
The research of Dr. Elaine Chiu, law professor at St. John’s University and past chair of AABANY’s Anti-Asian Violence Task Force, was cited to describe the discrepancy between official statistics and AABANY’s statistics regarding anti-Asian hate crimes. The article notes “although official statistics show that anti-Asian hate crime rates have fallen, AABANY found 233 anti-Asian incidents in New York City over the first three quarters of 2021, compared to 118 hate crimes the NYPD reported.”
In response to these persisting crime rates, AABANY has been pushing for hate crime prosecution reforms. The article noted that “AABANY wants the state and city to lower the standards needed to prove a hate crime, partly by changing the phrase ‘in substantial part’ to ‘in part,’ and including all offenses — unless explicitly excluded from the law — as possible acts of hate.” Chris Kwok, co-chair of AABANY’s Anti-Asian Violence Task Force, said they are working with state lawmakers to introduce a bill to update the law.
Yang Chen, AABANY’s Executive Director, was quoted in the article stating that “before Covid came, Trump had already reoriented the US-China relationship. Covid set Trump on fire,” and noted lingering concerns over foreign policy rhetoric at the federal level.
On October 17, 2023, the IP Committee and the Labor & Employment Committee together hosted a bowling event at Frames Bowling Lounge in Midtown Manhattan. New and familiar faces gathered to mingle and bowl, alongside classic plates including angus beef sliders, buffalo wings, and perfectly crispy fries. With 4-5 players per lane across three lanes, attendees brought on the competition and the game was on! The spacious two-floor bowling lounge had a liveliness and energy that certainly made the Tuesday evening feel like a Friday, and the food was so good that it had everyone taking the leftovers home in smaller boxes.
We would like to thank all of our attendees for a fun night and Jane Hong (IP Committee vice-chair) and Jennifer Kim (Labor & Employment Committee vice-chair) who took the lead in making this event come to life. We are always looking forward to seeing more faces and welcoming newcomers and members alike. To learn more about the Labor & Employment and IP Committees, please visit this page and this page.