Tag: Supreme Court

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STATEMENT OF THE ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK REGARDING THE SUPREME COURT’S RECENT VOTING RIGHTS ACT DECISION

The Asian American Bar Association of New York (AABANY) urges the United States Congress to reinstate the enforcement provisions of the Voting Rights Act, Section 4, that were invalidated this past Tuesday, June 25, 2013 by the United States Supreme Court in Shelby County, Alabama v. Holder.

Shelby eliminates the preclearance requirement for certain states or areas in which discrimination had historically been found to exist.  Preclearance required covered states and jurisdictions to submit all changes affecting voting and elections for preapproval by the U.S. Department of Justice.  The decision in Shelby will likely lead to legal sanctioning of efforts to undermine voting rights.

This ruling hits home. Certain New York counties including New York, Kings and the Bronx were areas for which preclearance had been required, based on a prior history of voter discrimination. The Shelby ruling clears the way for the reinstatement of discriminatory practices, such as efforts to restrict access to voting sites or attempts to gerrymander voting districts to dilute the voting power of Asian Americans in New York’s Chinatown or African Americans in Harlem. The profound impact of such practices on the voting rights and electoral aspirations of the affected minority voters in those areas cannot be overstated.

The record the Supreme Court considered contains ample evidence that voting rights discrimination is alive and well in 2013 as it was in 1964.  Justice Ginsburg’s dissenting opinion chronicles that evidence. 

The unfettered right to vote is a precondition of representative democracy.  Retrenchment on that right undermines many other rights such as the right to free speech.  Until Shelby, the necessity of a strong Voting Rights Act was universally recognized. 

Congress must act and exercise its power to provide the checks and balances that our Constitution established when the Founders formed our union to ensure a balanced government.  Voting rights are under attack and we urge Congress and the Administration to take prompt action to defend this most fundamental civil right.

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AABANY was formed in 1989 as a not-for-profit corporation to represent the interests of New York Asian American attorneys, judges, law professors, legal professionals, paralegals and law students.  The mission of AABANY is to improve the study and practice of law, and the fair administration of justice for all by ensuring the meaningful participation of Asian Americans in the legal profession.

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NAPABA Applauds Marriage Equality Decisions

FOR IMMEDIATE RELEASE
June 26, 2013

Contact: Emily Chatterjee
(202) 775-9555

WASHINGTON – In two watershed marriage equality decisions announced today, the U.S. Supreme Court held in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, and found that proponents of Proposition 8 in Perry v. Hollingsworth lack standing to appeal the federal district court decision, which struck down the amendment. The National Asian Pacific American Bar Association (NAPABA) has long supported marriage equality, and joined amicus briefs in the U.S. Supreme Court as well as in lower court proceedings in both cases.

“Today is a historic day for our nation as we move one step closer to equality for all Americans,” said Wendy C. Shiba, president of NAPABA. “As a Californian, I am especially proud that NAPABA has supported marriage equality in Windsor and Perry, and in many other cases, and we look forward to the implementation of both decisions.”

Windsor challenged DOMA, a federal law that denies legally married same-sex couples the same federal benefits provided to heterosexual spouses. Justice Kennedy delivered the 5-4 decision and held that “though Congress has great authority to design laws to fit its own conception of sound national policy, it cannot deny the liberty protected by the Due Process Clause of the Fifth Amendment.”

In Perry, Chief Justice Roberts led the 5-4 Court in dismissing an appeal to reinstate California’s Proposition 8, a voter-passed measure outlawing marriage between same-sex couples because of lack of standing. Chief Justice John Roberts wrote in the majority opinion “[w]e have never before upheld the standing of a private party to defend the constitutionality of a state statute when state officials have chosen not to. We decline to do so for the first time here.”

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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of over 40,000 attorneys and 66 state and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal service and non-profit attorneys, and lawyers serving at all levels of government. NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, 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 color in the legal profession.

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On June 7, AABANY took part in the 10th anniversary Caren Aronowitz Unity in Diversity celebration at the New York State Supreme Court Rotunda. This annual event is one of the highlights of the year at the courthouse, bringing together bar groups, community organizations and unions to celebrate diversity and promote greater understanding and tolerance within the courts and the wider community.

AABANY and participating organizations provided delicious food representing the diverse cultures of New York. AABANY’s table was filled with dim sum items from Nom Wah and was easily among the most popular tables at the event.

Thanks to our interns, Stephanie Yu and Max Zimmerman for staffing the table, along with interns from the chambers of Judge Doris Ling-Cohan.

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NAPABA SUPPORTS MARRIAGE EQUALITY AS U.S. SUPREME COURT HEARS ORAL ARGUMENTS IN SAME-SEX MARRIAGE CASES

National Asian Pacific American Bar Association

1612 K Street NW, Suite 1400
Washington, DC 20006

FOR IMMEDIATE RELEASE
March 26, 2013

Contact: Azizah Ahmad
(202) 775-9555

NAPABA SUPPORTS MARRIAGE EQUALITY AS U.S. SUPREME COURT
HEARS ORAL ARGUMENTS IN SAME-SEX MARRIAGE CASES

WASHINGTON – Today, the U.S. Supreme Court heard the first of two oral arguments regarding the constitutionality of same-sex marriage. The first case is Hollingsworth v. Perry, a challenge to California’s Proposition 8, which bans same-sex marriage in the state. Tomorrow, the U.S. Supreme Court will hear oral arguments in United States v. Windsor, which challenges the federal Defense of Marriage Act (DOMA). DOMA was signed into law in 1996 and denies same-sex couples access to federal protections such as Social Security benefits, veterans’ benefits, health insurance, and retirement savings benefits. The decisions in both cases will likely be announced in June.

“We strongly support marriage equality and encourage the Court to uphold equal protection for same-sex couples,” said Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “Anti-miscegenation laws, which denied Asian Pacific Americans the right to marry freely, have a shameful history in our country. Americans of all races, sex, color, creed, or sexual orientation should have the right to marry the person they love and be treated equally under the law.”

NAPABA has long supported marriage e quality. In 2008, NAPABA and six of its affiliates were among the 60 local, state, and national Asian Pacific American organizations that filed amicus briefs supporting equal marriage rights for same-sex couples in California. NAPABA has also joined amicus briefs in lower court proceedings in the Perry and Windsor cases. This year, NAPABA joined amicus briefs in the U.S. Supreme Court in support of marriage equality in Hollingsworth v. Perry and Windsor v. United States.

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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors and law students. NAPABA represents the interests of over 40,000 attorneys and 63 local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal service and non-profit attorneys, and lawyers serving at all levels of government. NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, NAPABA provides a strong voice for increased diversity of federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes professional development of people of color in the legal profession.

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APALA-NJ Applauds Gov. Christie’s Nomination of New Jersey Sup. Ct. Judge David F. Bauman

On December 10, 2012, Governor Chris Christie nominated Judge David F. Bauman to a seat on New Jersey’s highest court. Judge Bauman would be the first Supreme Court Justice of Asian Pacific American (APA) descent in the history of New Jersey.

“This is a proud day for the APA community. APALA-NJ commends Governor Christie for nominating yet another highly qualified APA candidate to the State’s highest court,” said Paul K. Yoon, President of APALA-NJ.

Read the full press release here.

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Ozawa/Thind Re-enactment Video

Ozawa/Thind Re-enactment Video

Thanks to our friends at Cadwalader, we have video highlights from the Ozawa/Thind re-enactment performed by AABANY members at Cadwalader on February 28, 2012.  Click on the title to see the video. Below is the description of the event provided by Cadwalader:

As two Asian-Americans sought to become U.S. citizens, the U.S. Supreme Court considered issues of race, color, and citizenship. The petitioner in the first case was represented by George Wickersham, and both cases were heard by the Supreme Court when William Howard Taft (the brother of former Cadwalader partner Henry W. Taft) was Chief Justice. This program was presented at the National Asian Pacific American Bar Association 2011 Convention by members of the Asian American Bar Association of New York, including several Cadwalader attorneys, with the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit serving as moderator. Please join us to see this same team reprise their fascinating performance, sharing the stories of the petitioners through narration, reenactment of court proceedings, and historic photographs.

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Clerkship Opportunity: Justice Goodwin Liu, California Supreme Court

Associate Justice Goodwin Liu of the California Supreme Court is hiring two law clerks, each for an 18- to 24-month term. One position will begin in January 2012; the other will begin in fall 2012. Applicants must have a strong academic record, excellent research and writing skills, and demonstrated ability to learn quickly and work collaboratively. Applicants who are one to five years out of law school and who have previously clerked for a federal appellate court are strongly preferred. The position is based in San Francisco.

Interested applicants should send (in PDF format) a cover letter, résumé, law school transcript, and writing sample via email to clerkships.liu@jud.ca.gov. Applications will be considered immediately upon receipt, until the positions are filled. Questions may be directed to Justice Liu’s judicial assistant, Ms. Pat Sheehan, at (415) 865-7090. For information about the California Supreme Court, see http://www.courts.ca.gov/supremecourt.htm.

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Press Release: Joint Minority Bar Judicial Screening Panel

Press Release: Joint Minority Bar Judicial Screening Panel

Recently, AABANY, together with representatives from the Association of Black Women Attorneys, Black Bar Association of Bronx County, Dominican Bar Association, Metropolitan Black Bar Association, the Puerto Rican Bar Association, and the South Asian Bar Association of New York, interviewed judicial candidates for Civil Court and Supreme Court in Kings County and New York County and issued ratings for each candidate that appeared before the panel.  The report of the qualification ratings appears in a September 9, 2011, press release, the text of which is contained in the link in the title.  AABANY was privileged to serve with the other minority bar associations to carry out the important work of this screening panel.

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