AABANY has joined as a co-signatory to the amicus brief in Dobbs v. Jackson Women’s Health Organization filed by the National Asian Pacific American Women’s Forum (NAPAWF) and Asian Americans Advancing Justice (AAJC).
In a press release, AAJC stated:
The National Asian Pacific American Women’s Forum (NAPAWF) and Asian Americans Advancing Justice – AAJC (Advancing Justice – AAJC), with Duane Morris LLP, filed an amicus brief urging the nation’s highest court to reject a call by the state of Mississippi to overturn Roe v. Wade and allow individual states to ban or end the legal right to abortion.
The amicus, or the “friend of the court” brief, represents 29 community and civil rights organizations, as well as bar associations, representing the interests of Asian American and Pacific Islander women in the case of Dobbs v. Jackson Women’s Health Organization. The Dobbs case is a challenge, brought by the independent and sole abortion care in Mississippi, represented by the Center for Reproductive Rights, to the state’s 2018 ban on abortions after 15 weeks of pregnancy.
To read the full press release and the amicus brief, click here.
In conjunction with the Federal Bar Foundation and several other law firms, 33 women in the legal profession have created a scholarship program in honor of the late United States Supreme Court Justice Ruth Bader Ginsburg. The program is titled “When There Are Nine” (WTA9), as it was Justice Ginsburg’s answer to the question of when there would be “enough” women serving on the Supreme Court. As the upper echelons of the legal profession are dominated by men, the WTA9 Scholarship program was founded to provide a network of support to young women aspiring to become lawyers. The WTA9 Scholarship will grant each recipient $10,000 as well as mentorship through and beyond law school. Applicants must demonstrate financial need and a dedication to academic achievement. Any women graduating from law school between 2022 and 2025 are eligible to apply no later than June 15, 2021. To learn more about the WTA9 Scholarship, click here.
Glenn D. Magpantay, a long-time civil rights attorney, advocate, and leader for Asian Pacific American (APA) and LGBTQ rights, is a 2020 recipient of the Daniel K. Inouye Trailblazer Award, NAPABA’s highest honor. Each year, outstanding lawyers are awarded for their exceptional leadership in paving the way for the advancement of other APA attorneys and creating lasting, substantial contributions in the broader APA community.
Glenn’s inspiring commitment to public service and activism started in college and continued after graduation when he was a lobbyist for higher education in the early 1990s. As one of the few Asian people working in the State Capitols at the time, Glenn learned the importance of APA and LGBTQ representation in law.
As a civil rights attorney at the Asian American Legal Defense and Education Fund (AALDEF), he quickly became an authority on the federal Voting Rights Act and expert on Asian American political participation. He fought for the right of Asian Americans to vote in their native language, to put in place translated registration forms and language interpreters at poll sites, and to challenge unconstitutional voter ID requirements in many cities.
At the cornerstone of Glenn’s incredible legal work and advocacy is intersectionality. In addition to working with several law firms on pro bono projects, he has recently led two challenges that reached the U.S. Supreme Court: Hawaii v. Trump (2018), which challenged President Trump’s anti-Muslim travel ban, and DHS v. Regents of the University of California (2020), which challenged President Trump’s proposed cancellation of the Deferred Action for Childhood Arrivals (DACA).
In a recent interview, Glenn reflected on how LGBTQ Asian attorneys have to navigate through a very traditional work environment where they often cannot express who they really are. In response to this, he has worked for over a decade to create a network for LGBTQ Asian attorneys to find peer support and thrive and advance in their careers. As Executive Director of the National Queer Asian Pacific Islander Alliance (NQAPIA), Glenn highlighted the often overlooked stories of LGBTQ Asians, trained a new generation of LGBTQ activists, and cultivated a more diverse face of the LGBTQ movement. And above all, Glenn knows that he could not have done this work without AABANY.
“Ever since I went to my first AABANY event in 1988, they have given me the trust and ability to create these spaces for LGBTQ APA attorneys,” Glenn said. “AABANY is my home because I’ve always felt valued, not just as a public interest lawyer, but also — and especially — as a colorful, openly gay attorney working in the name of Asian American civil rights.”
In addition to the many doors that AABANY has opened for Glenn, he also is incredibly thankful for the support he received from several law firms, such as Weil, Gotshal & Manges, Shearman & Sterling, and Skadden Arps. “I would not have been able to uphold and protect the Voting Rights Act without some of the biggest law firms in New York helping me with issue-spotting, fact-to-rule application, and their commitment to intersectional diversity and inclusion. And I would not have been able to sue New York City for bilingual voting rights without the help of six hundred lawyers from the New York Asian American bar in monitoring polling sites and recording anti-Asian voter disenfranchisement. ”
It’s a lifetime achievement award, but I’m not ready to retire. We have come a long way, but we have not yet come far enough.
Glenn continues to teach and inspire legal minds by teaching legal studies and Asian American studies at Hunter College, Brooklyn Law School, and Columbia University, and his work is far from over.
“The goal was never for me to get an award; it was to change the profession to be more diverse and inclusive where we can achieve our fullest potential,” Glenn said. “It’s a lifetime achievement award, but I’m not ready to retire. We have come a long way, but we have not yet come far enough.”
Please join AABANY in congratulating Glenn on this well-deserved honor and recognition. NAPABA has announced on its website that the Award Ceremony will be held in December 2020. Additionally, NAPABA is honoring its awardees by featuring them on their social media accounts. To access the video on Glenn’s life and achievements, please visit the link below:
Contact: Priya Purandare, Executive Director Email: [email protected]
Today, in a 5-4 landmark decision, the U.S. Supreme Court ruled that the Trump administration’s decision in 2017 to end Deferred Action for Childhood Arrivals (DACA) violated federal law in Department of Homeland Security v. Regents of the University of California. The DACA program, whose beneficiaries are also known as DREAMers, protects eligible undocumented youth from deportation and provides them with work permits. Approximately 650,000 individuals, including more than 16,000 Asian Americans and Pacific Islanders (AAPIs), benefit from this program and about 120,000 AAPIs are eligible for DACA. The National Asian Pacific American Bar Association (NAPABA) applauds the Court for its decision, which will protect these individuals, many of whom are the sole providers in their families.
“The Court’s decision ensures the protection of hundreds of thousands of undocumented immigrants who were brought to the United States as children. These DREAMers now know they are currently safe from being suddenly deported from the country in which they grew up, went to school, and now work,” said Bonnie Lee Wolf, President of NAPABA. “There has been strong bipartisan support in Congress to protect DREAMers, who significantly contribute to their communities in the United States. The Court’s decision is not a permanent fix and Congress needs to act. NAPABA remains committed to protecting DREAMers.”
NAPABA’s policy resolution to support the continuation of DACA recipients can be found here and the original resolution to support DACA recipients can be found here. The Supreme Court decision can be found here.
WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) and the Georgia Asian Pacific American Bar Association (GAPABA) celebrate the appointment of Judge Carla Wong McMillian to the Supreme Court of Georgia. Appointed by Governor Brian Kemp on March 27, 2020, Judge McMillian will be the first Asian Pacific American to serve on the state’s highest court when sworn in.
“NAPABA extends congratulations to Judge Carla Wong McMillian on her appointment to the Supreme Court of Georgia,” said Bonnie Lee Wolf, NAPABA President. “A leader in her community and past president of the Georgia Asian Pacific American Bar Association, Judge McMillian will bring her record of legal excellence to the bench. During this challenging time, it is uplifting news to celebrate Judge McMillian blazing the trail as the first AAPI nominated to Georgia’s highest court.”
”GAPABA is thrilled that our own Judge Carla Wong McMillian has been appointed to the Georgia Supreme Court,” said Angela Hsu, GAPABA President. “Currently, there are no other AAPI serving on the highest courts of any state in the South, the Southeast or the Midwest. In addition to the historic nature of this appointment, Judge McMillian is a jurist, a colleague and a friend who has the love and respect of the entire legal community.”
“We are extremely proud to hear that Judge Carla McMillian has been elevated to the Supreme Court of Georgia,” added Judge Benes Aldana (ret.), chair of the NAPABA Judicial Council.
“Justice McMillian is an active member of the NAPABA Judicial Council and has been a trailblazer and an inspiration to our community. Her elevation to the highest court in Georgia makes her the first and only Asian Pacific American to serve on a state supreme court in the South. This is such welcome news during these difficult times for our nation, as we see a rise in hate crimes against Asian Americans.”
Judge McMillian has served on the Court of Appeals of Georgia since 2013. In 2014, she became the first and only Asian American elected to statewide office in Georgia. Prior to joining the Court of Appeals, she served as a state court judge for Fayette County. Before her appointment to the bench, Judge McMillian was a partner at Sutherland Asbill & Brennan LLP (now known as Eversheds Sutherland). A current board member and past president of GAPABA, she is also a past recipient of NAPABA’s “Best Lawyers Under 40” Award. Judge McMillian is a graduate of Duke University and received her law degree from the University of Georgia School of Law.
For More Information, Contact: Navdeep Singh, Policy Director 202-775-9555; [email protected]
The National Asian Pacific American Bar Association (NAPABA) and the Missouri Asian American Bar Association (MAABA) celebrate the appointment of member and supporter the Honorable George W. Draper III as the Chief Justice of the Missouri Supreme Court.
Judge Draper was first appointed to the Missouri Supreme Court in 2011. He first joined the bench in Missouri in 1994. He is the second African American to serve as Chief Justice. He is a graduate of Morehouse College and received his law degree from Howard University. He and his wife, the Honorable Judy P. Draper, are members of the NAPABA Judicial Council.
“NAPABA extends warm congratulations to the Hon. George W. Draper III, on his recent appointment, on his recent appointment as Chief Justice of the Supreme Court of Missouri. The second African American judge to serve on Missouri’s high court, Judge Draper has been outstanding in his support of diversity and inclusion in the state’s legal community, and a long-time friend to NAPABA and its Missouri affiliate, MAABA,” said NAPABA President Daniel Sakaguchi.
“We congratulate Judge Draper on his appointment as the Chief Justice of the Missouri Supreme Court. Judge Draper has been a stalwart supporter of MAABA since its inception, and we have confidence he will continue to be a fair and impartial judge and to protect the rights of all Missourians,” said Frances Barbieri, president of MAABA.
NAPABA Judicial Council Chair the Hon. Benes Aldana (Ret.) said, “We are so proud of our friend, Justice George Draper, who recently became the newest Chief Justice of Missouri. Throughout his career, Chief Justice Draper has exhibited steadfast commitment to safeguard individual rights on an equal basis for all. He is widely respected for his inclusive leadership and he has served as a role model and inspiration for many in the legal profession. We look forward to continuing our great relationship with him and his wife, Judge Judy Draper, both members of the NAPABA Judicial Council.”
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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American (APA) attorneys, judges, law professors, and law students. NAPABA represents the interests of over 50,000 attorneys and over 80 national, state, and local bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government. NAPABA engages in legislative and policy advocacy, promotes APA political leadership and political appointments, and builds coalitions within the legal profession and the community at large. NAPABA also serves as a resource for government agencies, members of Congress, and public service organizations about APAs in the legal profession, civil rights, and diversity in the courts.
On June 27, 2019, the U.S. Supreme Court affirmed the Southern District of New York ’s decision to block the addition of the citizenship question to the 2020 Census in Department of Commerce v. New York (18-966) and remanded the case for further proceedings. The Court agreed that Commerce Secretary Wilbur Ross and the Department of Commerce’s rationale for adding a citizenship question to the census was pretextual stating, “the evidence tells a story that does not match the explanation the Secretary gave for his decision.”
Based on the totality of the evidence, the Court’s decision affirms the lower court’s finding of pretext on the part of the Secretary of Commerce. Agencies must “offer genuine justifications for important decisions.” The Commerce Department’s “sole stated” rationale for including the citizenship question—better Voting Rights Act (VRA) enforcement—is “incongruent with what the record reveals.” Overwhelming evidence about the timeline of the Secretary’s decision to add the citizenship question “reveal[s] a significant mismatch between the decision the Secretary made and the rationale he provided.” Accordingly, although the Court recognized the Secretary’s right to add a citizenship question under the Census Act and Constitution, the reasoning provided is not consistent with the review required by administrative law.
The National Asian Pacific American Bar Association (NAPABA) and the Asian American Legal Defense and Education Fund (AALDEF) both support the decision of the Court in blocking the Department of Commerce from adding their untested citizenship question. In addition to the evidence of intentional discrimination, NAPABA and AALDEF both hope the lower courts will engage in a careful and deliberate reconsideration of the full record, including the newly discovered evidence.
NAPABA President Daniel Sakaguchi said: “We are pleased that the Court ultimately rejected the Department of Commerce’s argument to include the citizenship question as pretextual and ‘contrived.’ Permitting the question to be added would have resulted in a significant undercount of immigrants and communities of color, leading to discriminatory cutbacks in resources and underrepresentation in Congress, in state houses, and in local government. The courts should continue to discredit the post-hoc reasoning of the Administration in its attempts to stop a fair and accurate count. It is incumbent on community leaders and attorneys to ensure that everyone is counted as part of 2020 Census.”
AALDEF Executive Director Margaret Fung said: “We are glad that the Supreme Court agreed with what AALDEF and NAPABA asserted in our joint amicus brief opposing the census citizenship question: that ‘the VRA enforcement rationale—the sole stated reason—seems to have been contrived.’ The government never intended to better enforce the VRA, as reflected in the fact that this administration has not brought any VRA enforcement actions. Asian Americans are the fastest growing racial group in this country and the largest segment of new immigrants. We will continue the fight to ensure that everyone in our country is properly counted in the 2020 Census and that our community receives its fair share of resources and representation.”
NAPABA and AALDEF led sixty-four Asian American and Pacific Islander organizations in filing an amicus brief outlining the negative impacts the addition of the citizenship question would have on the AAPI community, due to the resulting undercount.
NAPABA and AALDEF are grateful to lead pro bono counsel Albert Giang, 2018 Recipient of the NAPABA Pro Bono Award, NAPABA Amicus Committee Co-Chair, and Partner at Boies Schiller Flexner LLP (BSF) in Los Angeles; Miguel A. Gradilla and Ziwei Hu of BSF; NAPABA Amicus Committee Co-Chair, Radha Pathak of Stris & Maher LLP; Meredith Higashi of the NAPABA Civil Rights Committee; Jerry Vattamala and Patricia Yan of AALDEF; and Navdeep Singh and the NAPABA staff for their joint efforts in this case.
On May 23, 2019 AABANY co-sponsored a reenactment of the Supreme Court cases Takao Ozawa v. United States (1922) and United States v. Bhagat Singh Thind (1923) in the Ceremonial Courtroom at 225 Cadman Plaza, Brooklyn. The two historical cases describe the exclusionary immigration policies that prevented Asian immigrants from becoming naturalized citizens. The reenactment scripts were written by longtime AABANY members Kathy Hirata Chin and her husband, the Hon. Denny Chin. The event was jointly sponsored by the South Asian Bar Association of New York (SABANY) and was held in honor of Asian Pacific American Heritage Month, during the month of May. The event was covered by the Brooklyn Daily Eagle.
The Brooklyn Daily Eagle reported on the history of these reenactments, “The Chins began writing and performing these reenactments 12 years ago, and every year they create a new performance based on a different case. Judge Chin explained that they look for cases of importance historically and that still resonate today.”
On December 21, the Hon. Ushir Pandit-Durant made history as the first South Asian judge elected to New York State Supreme Court in Queens and the first South Asian woman judge elected in New York State. Justice Pandit-Duran was sworn in by the Hon. Randall T. Eng (ret.), former Presiding Justice of the Second Department, New York State Appellate Division. Justice Eng was the first Asian American elected judge in New York State so it was especially fitting for one trailblazer in the Asian American community to swear in another trailblazer. Hon. Joseph Zayas, Administrative Judge of the Queens Supreme Court, Criminal Term, presided.
Justice Pandit-Duran began her career as a Prosecutor in the Queens County District Attorney’s Office, serving there with distinction for 25 years before being elected to New York City Civil Court in 2015, becoming the first South Asian to hold that elected office.
The induction took place at the Queens Supreme Court in Kew Gardens. Numerous speakers, including elected officials and community leaders, extolled Justice Pandit-Duran’s exemplification of the American Dream, coming here at age 10 not speaking a word of English and rising up to become a top prosecutor and now judge. As a South Asian, Justice Pandit-Durant reflects the diversity of Queens, one of the most diverse boroughs of New York City, with a large Asian population. Justice Pandit-Durant is herself a bar leader, having served as the first President of the South Asian Indo-Caribbean Bar Association of Queens.
AABANY congratulates Justice Pandit-Durant on her historic election and wishes her continued success and achievement as a Justice of the Supreme Court.
On October 9, 2018, the AABANY Tax Committee held its quarterly meeting and dinner at the offices of Ashurst LLP, in order to discuss the Wayfair Supreme Court decision and other state and local tax issues. Presenters Jessika Wong, of Grant Thornton LLP, and Rebecca Midori Balinskas, of Morrison & Foerster LLP, led a lively and informative discussion about the new landscape for sales taxes, particularly the issues for law firms and other service providers when they provide services to residents of other states. The discussion addressed the lack of foreign treaty protection for state sales and income taxes, which may be imposed on Asia-based foreign businesses that sell products online to U.S. residents. The group also discussed various questions related to the effects of the 2017 federal tax reform on state income taxation, such as whether state taxable income includes GILTI. Special thanks to Sharon Kim, partner at Ashurst LLP, for hosting the event.
To learn more about the Tax Committee and to contact the Committee Co-Chairs click here.
