1 ASIAN PACIFIC AMERICAN JUDGES Article III / Article IV / DC Courts (November 3, 2016) FEDERAL ARTICLE III SNAPSHOT Article III Judgeships Authorized APA Supreme Court 9 0 Court of Appeals 179 4 District Courts 674 21 Court of International Trade 9 1 Total 871 26 If the number of Asian Pacific American Article III judges reflected the general population, then there should be approximately 11-12 Asian Pacific American federal appellate court judges, and 40-41 Asian Pacific American federal district court judges. U.S. Court of Appeals 4 active Asian Pacific American federal appellate court judges out of the over 179 federal appellate court judges: 1 Denny Chin (2d Cir.); Jacqueline H. Nguyen (9th Cir.); Sri Srinivasan (D.C. Cir.); Raymond T. Chen (Fed. Cir.) 1 senior status Asian Pacific American federal appellate court judge: A. Wallace Tashima (9th Cir.) 1 pending Asian Pacific American federal appellate court nominees waiting for confirmation: Lucy H. Koh (9th Cir.) (nominated Feb. 25, 2016; hearing Jul. 13, 2016; 13-7 voted out of committee Sept. 15, 2016) U.S. District Court & U.S. Court of International Trade 22 active Asian Pacific American district court judges out of approximately 674 District Court Judges in the United States: Judge George H. King (C.D. Cal.); Judge Dana Makoto Sabraw (S.D. Cal.); Chief Judge George H. Wu (C.D. Cal.); Judge Amul R. Thapar (E.D. Ky.); Judge Kiyo A. Matsumoto (E.D.N.Y.); Judge Dolly M. Gee (C.D. Cal.); Judge Lucy H. Koh (N.D. Cal.); Judge Leslie E. Kobayashi (D. Haw.); Judge Edmond E. Chang (N.D. Ill.); Judge Cathy Bissoon (W.D. Pa.); Judge Edward M. Chen (N.D. Cal.); Judge Miranda Du (D. Nev.); Judge John Z. Lee (N.D. Ill.); Judge Lorna Schofield (S.D.N.Y.); Judge Pamela K.M. Chen (E.D.N.Y.); Judge Derrick K. Watson (D. Haw.); Judge Vince Chhabria (N.D. Cal.); Judge Manish Shah (N.D. Ill); Judge Theodore Chuang (D. MD.); Judge Indira Talwani (D. Mass.); Judge Amit Mehta (D. D.C.); Jennifer Choe-Groves (Ct. Intl. Trade.) 1 Sandra Segal Ikuta, Judge for the U.S. Court of Appeals for the Ninth Circuit, has been mistaken by some to be Asian Pacific American. She is, in fact, Caucasian. See the Federal Judicial Center s biography of Judge Ikuta, available at http://www.fjc.gov/public/home.nsf/hisj.
3 senior status Asian Pacific American federal district court judges: Ronald S.W. Lew (C.D. Cal.); Anthony Ishii (E.D. Cal.); Susan Oki Mollway (D. Haw.) 5 federal district court Asian Pacific American nominee waiting for confirmation: Karen Gren Scholer (E.D. Tex.) (nominated Mar. 15, 2016; hearing Sept. 7, 2016); Florence Y. Pan (D.D.C.) (nominated April 28, 2016; hearing Jul. 13, 2016; voice voted out of committee Sept. 15, 2016); Regina M. Rodriguez (D. Col.) (nominated April 28, 2016); Abid R. Qureshi (D.D.C.) (nominated Sept. 6, 2016); Diane Gujarati (E.D.N.Y.) (nominated Sept. 13, 2016). 2 FEDERAL ARTICLE IV SNAPSHOT Article VI Territorial Judgeships Authorized APA District Courts 3 2 Total 3 2 Article IV judges serve on the U.S. Territorial Courts. Judges are nominated by the President and confirmed by the Senate. They serve a 10-year term. U.S. District Court 2 active Asian Pacific American district judges: Chief Judge Frances Marie Tydingco-Gatewood (D. Guam); Chief Judge Ramona Villagomez Manglona (D.N.M.I.) 1 federal district court Asian Pacific American nominee waiting for confirmation: Frances Marie Tydingco-Gatewood (D. Guam) (nominated May 18, 2016). DISTRICT OF COLUMBIA COURTS SNAPSHOT D.C. Court Judgeships Authorized APA Court of Appeals 9 0 Superior Court 61 2 Total 70 2 Judges that serve on the District of Columbia courts are nominated by the President and confirmed by the Senate. They serve a 15-year term. D.C. Court of Appeals 0 active Asian Pacific American D.C. Court of Appeals judges. There is one pending Asian Pacific American D.C. Court of Appeals nominees waiting for confirmation. 1. Todd Kim (D.C.C.A.) (nominated February 14, 2014; returned to the President at the end of the 113 th Congress; re-nominated April 30, 2015)
D.C. Superior Court 2 active Asian Pacific American D.C. Superior Court judges: Judge Florence Y. Pan (May 21, 2009; confirmed by unanimous consent); Mary Elizabeth Raffinan (Sept. 29, 2010; confirmed by unanimous consent) There are no pending Asian Pacific American D.C. Superior Court nominees waiting for confirmation. ASIAN PACIFIC AMERICAN ARTICLE III JUDGES President BY PRESIDENT Confirmed Eisenhower 1* Nixon 3 Ford 2 Carter 2 Reagan 2 G.H.W. Bush 0 Clinton 5 G.W. Bush 4 Obama 22 * The Federal Judiciary Center identifies Chief Judge Cyrus Nils Tavares (D-Haw) as White; however, he and his family self-identify as Native Hawaiian. Confirmations - 22 PRESIDENT BARACK OBAMA (2009 2016) 1. Denny Chin (2d Cir.) (Apr. 22, 2010; confirmed 98-0) (nominated Oct. 6, 2009) 2. Jacqueline H. Nguyen (C.D. Cal.) (Dec. 1, 2009; confirmed 97-0) (nominated July 31, 2009) 3. Dolly M. Gee (C.D. Cal.) (Dec. 24, 2009; confirmed by unanimous consent) (nominated Aug. 6, 2009) 4. Lucy H. Koh (N.D. Cal.) (June 7, 2010; confirmed 90-0) (nominated Jan. 20, 2010) 5. Leslie E. Kobayashi (D. Haw.) (Dec. 18, 2010; confirmed by unanimous consent) (nominated Apr. 21, 2010) 6. Edmond E. Chang (N.D. Ill.) (Dec. 18, 2010; confirmed by unanimous consent) (nominated Apr. 21, 2010) 7. Edward M. Chen (N.D. Cal.) (May 11, 2011; confirmed 56-42) (nominated Aug. 6, 2009; renominated on Jan. 20, 2010, Sept. 13, 2010, and Jan. 5, 2011) 8. Cathy Bissoon (W.D. Pa.) (Oct. 11, 2011; confirmed 82-3) (nominated Nov. 17, 2010) 3
9. Miranda Du (D. Nev.) (Mar. 28, 2012; confirmed 59-39) (nominated August 2, 2011) 10. Jacqueline H. Nguyen (9th Cir.) (May 7, 2012; confirmed 91-3) (nominated Sept. 22, 2011) 11. John Z. Lee (N.D. Ill.) (May 7, 2012; confirmed by unanimous consent) (nominated Nov. 10, 2011) 12. Lorna Schofield (S.D.N.Y) (December 13, 2012; confirmed 91-0) (nominated April 25, 2012) 13. Pamela Chen (E.D.N.Y.) (March 4, 2013; confirmed by voice vote) (nominated Aug. 3, 2012; renominated Jan. 3, 2013) 14. Derrick Kahala Watson (D. Haw.) (April 18, 2013; confirmed 94-0) (nominated Nov. 14, 2012; renominated Jan. 3, 2013) 15. Sri Srinivasan (D.C. Cir.) (May 23, 2013; confirmed 97-0) (nominated Jun. 11, 2012; renominated Jan. 3, 2013) 16. Raymond T. Chen (Fed. Cir.) (Aug. 1, 2013; confirmed 97-0) (nominated Feb. 7, 2013) 17. Vince Chhabria (N.D. Cal.) (March 5, 2014; confirmed 58-41) (nominated July 25, 2013) 18. Manish Shah (N.D. Ill.) (April 30, 2014; confirmed 95-0) (nominated Sept. 19, 2013) 19. Indira Talwani (D. Mass.) (May 8, 2014; confirmed 94-0) (nominated Sept. 24, 2013) 20. Theodore Chuang (D. MD.) (May 1, 2014; confirmed 53-42) (nominated Sept. 25, 2013) 21. Amit Mehta (D. D.C.) (November 16, 2014; confirmed by voice vote) (nominated July 31, 2014) 22. Jennifer Choe Groves (Ct. Intl. Trade.) (June 6, 2016; confirmed by unanimous consent) (nominated Jul. 30, 2015) 4 Nominated 6 1. Lucy H. Koh (9th Cir.) (nominated Feb. 25, 2016) 2. Karen Gren Scholer (E.D. Tex.) (nominated Mar. 15, 2016) 3. Florence Y. Pan (D.D.C.) (nominated April 28, 2016) 4. Regina M. Rodriguez (D. Col.) (nominated April 28, 2016). 5. Abid R. Qureshi (D.D.C.) (nominated Sept. 6, 2016) 6. Diane Gujarati (E.D.N.Y.) (nominated Sept. 13, 2016). Failed Nominations 1. Goodwin H. Liu (9th Cir.) (cloture vote failed 52-43 on May 19, 2011) (nominated Feb. 24, 2010; renominated Sept. 13, 2010 and Jan. 5, 2011)
ACCOMPLISHMENTS OF THE OBAMA ADMINISTRATION: BY THE NUMBERS In January 2009, 8 active Asian Pacific American Article III judges, now there are 26 0 active Asian Pacific American appellate court judges in Jan. 2009, now 4 8 Asian Pacific American federal district court judges in Jan. 2009, now 22 2 Asian Pacific American female Article III judges in the history of the United States through Jan. 2009, now there are 12 (10 during the Obama Administration) Previously, there have never been more than 2 Asian Pacific American Article III judges either nominated or confirmed during a single calendar year. Further, the 29 Asian Pacific Americans 2 nominated under the Obama Administration eclipses the prior record of 8 under President Clinton. In 2009, 4 Article III nominations, 2 confirmations In 2010, 5 Article III nominations, 4 confirmations 3 In 2011, 3 Article III nominations, 2 confirmations In 2012, 4 Article III nominations, 4 confirmations In 2013, 5 Article III nominations, 4 confirmations 4 In 2014, 1 Article III nominations, 5 confirmations 5 In 2015, 1 Article III nominations, 0 confirmations In 2016, 6 Article III nominations, 1 confirmation 6 Previously, notwithstanding that Hawaii is majority Asian Pacific American, there has never been more than one Asian Pacific American federal district court judge serving in that jurisdiction at any given time. With the confirmation of Derrick K. Watson in 2013, there are now two Asian Pacific American federal district court judges serving in the U.S. District Court for the District of Hawaii. The District of Hawaii is the first Asian Pacific American majority court in the history of the United States. 7 With the confirmation of Manish Shah in 2014, there are now three Asian Pacific American federal district court judges serving in the U.S. District Court for the Northern District of Illinois. With the confirmation of Pamela K.M. Chen in 2013, there are now two Asian Pacific American federal district court judges serving in the U.S. District Court for the Eastern District of New York. Prior to 2009, there has never been an Asian Pacific American D.C. state court judge (which are Presidential nominations with Senate confirmation). 2 President Obama nominated an Asian Pacific American to 29 judicial vacancies. Jacqueline H. Nguyen and Lucy H. Koh both received two nominations, first the U.S. District Court (C.D. Cal.) and later to the U.S. Court of Appeals (9th Cir.). 3 This does not include the renominations of Edward M. Chen and Goodwin H. Liu. 4 This does not include the renominations of Pamela K.M. Chen, Sri Srinavasan, and Derrick Kahala Watson. 5 This does not include the renominations of Vince Chhabria, Manish Shah, Indira Talwani, and Theodore Chuang. 6 This does not include the held over nomination of Jennifer Choe Groves. 7 Chief Judge Susan Oki Mollway went senior status in 2015. Prior to her senior status 3 out 4 judges were APA. Today 2 out of 3 are APA. 5
Now 2 Asian Pacific American D.C. Superior Court judges. An Asian Pacific American D.C. Superior Court judge was nominated and confirmed in each of 2009 and 2010. Florence Y. Pan (D.C. Super. Ct.) was the first Obama Administration judicial nominee to be confirmed. Pending District of Columbia (State) Nominations Todd Kim (D.C.C.A.) (nominated February 14, 2014; returned to the President at the end of the 113 th Congress; re-nominated April 30, 2015) (Presidential nomination with Senate confirmation) 6 Denny Chin (2d Cir.) ACCOMPLISHMENTS OF THE OBAMA ADMINISTRATION: BREAKING GLASS CEILINGS First Asian Pacific American federal appellate court judge nominated and confirmed outside of the Ninth Circuit. Judge Shiro Kashiwa is considered the first Asian Pacific American federal appellate court outside of the Ninth Circuit. Given that he became a federal appellate court judge when the Federal Circuit was created in 1982, he was neither nominated nor confirmed to this position. First active Asian Pacific American federal appellate court judge nationwide in almost 6 years. Jacqueline H. Nguyen (9th Cir.) First Vietnamese American Article III judge. First Asian Pacific American female federal appellate court judge. Sri Srinivasan (D.C. Cir.) First South Asian American federal appellate court judge. First Asian Pacific American judge on the D.C. Circuit. Dolly M. Gee (C.D. Cal.) First Chinese American female Article III judge. Lucy H. Koh (N.D. Cal.) First Korean American female Article III judge. First Korean American federal district court judge. First Asian Pacific American Article III judge in N.D. Cal. (significant given size of Asian Pacific American population in N.D. Cal.). Edmond E. Chang (N.D. Ill.) First Asian Pacific American Article III judge in any of the courts covered by the Seventh Circuit. First Asian Pacific American Article III judge in Illinois. Cathy Bissoon (W.D. Pa)
First South Asian American female Article III judge. First Asian Pacific American Article III judge in Pennsylvania. Edward M. Chen (N.D. Cal.) First Asian Pacific American Article III judge in San Francisco (significant given size of Asian Pacific American population in San Francisco and the history of that court in decisions related to Asian Pacific Americans). Ramona V. Manglona (D. N.M.I.) First Asian Pacific American female to serve as federal district court judge for this Pacific Island jurisdiction. First indigenous person to serve as District Court judge in the Commonwealth of the Northern Marianas Islands. Miranda Du (D. Nev.) First Asian Pacific American Article III judge in Nevada. Lorna Schofield (S.D.N.Y.) First Filipino American Article III judge. Pamela K.M. Chen (E.D.N.Y.) First openly gay Asian Pacific American Article III judge. Derrick K. Watson (D. Haw.) First and only Native Hawaiian Article III judge since 1984. 8 Raymond T. Chen (Fed. Cir.) First Asian Pacific American to serve on the Federal Circuit in over 25 years. Vince Chhabria (N.D. Cal.) First South Asian American federal judge in California. Manish Shah (N.D. Ill) First South Asian American federal judge in Illinois. Theodore Chuang (D. MD) First Asian Pacific American federal judge in Maryland. Indira Talwani (D. Mass) First Asian Pacific American federal judge in Massachusetts. Second South Asian American female Article III judge. 7 8 Judge Watson is the fourth Native Hawaiian Article III in the history of the United States. Judges Walter Mehuela Heen, Sam Pailthorpe King, and Cyrus Nils Taveras were Native Hawaiian and previously served on D. Haw.
Confirmations - 4 PRESIDENT GEORGE W. BUSH (2001 2009) 1. Kiyo A. Matsumoto (E.D.N.Y.) (July 17, 2008; confirmed by majority vote) (nominated Mar. 11, 2008) 2. Dana Makoto Sabraw (S.D. Cal.) (Sept. 25, 2003; confirmed 95-0) (nominated May 1, 2003) 3. Amul Roger Thapar (E.D. Ky.) (Dec. 13, 2007; confirmed by unanimous consent) (nominated May 24, 2007) 4. George H. Wu (C.D. Cal.) (Mar. 27, 2007; confirmed 95-0) (nominated Sept. 5, 2006, renominated Jan. 9, 2007) 8 Confirmations 5 PRESIDENT WILLIAM (BILL) J. CLINTON (1993 2001) 1. Denny Chin (S.D.N.Y.) (Aug. 9, 1994; confirmed by a majority vote) (nominated Mar. 24, 1994) 2. George H. King (C.D. Cal.) (June 30, 1995; confirmed by unanimous consent) (nominated April 27, 1995) 3. Atsushi Wallace Tashima (9th Cir.) (Jan. 2, 1996; confirmed by unanimous consent) (nominated April 6, 1995) 4. Anthony W. Ishii (E.D. Cal.) (Oct. 9, 1997; confirmed by unanimous consent) (nominated Feb. 12, 1997) 5. Susan Oki Mollway (D. Haw.) (June 22, 1998; confirmed 56-34) (nominated Jan. 7, 1997) Failed nominations 1. Clarence J. Sundram (N.D.N.Y.) (no Senate vote) (nominated Sept. 29, 1995; renominated Jan. 7, 1997) 2. John S. W. Lim (D. Haw.) (no Senate vote) (nominated June 8, 2000) 3. Dolly M. Gee (C.D. Cal.) (no Senate vote) (nominated May 27, 1999) Confirmations 0 PRESIDENT GEORGE H.W. BUSH (1989 1993) Confirmations 2 PRESIDENT RONALD REAGAN (1981 1989) 1. Harold Michael Fong (D. Haw.) (June 18, 1982; confirmed by unanimous consent) (nominated Feb. 11, 1982) 2. Ronald S.W. Lew (C.D. Cal.) (May 7, 1987; confirmed 71-26) (nominated Feb. 2, 1987)
9 PRESIDENT JIMMY CARTER (1977 1981) Confirmations 2 1. Thomas Tang (9th Cir.) (confirmed Oct. 7, 1977) (nominated Aug. 29, 1977) 2. Atsushi Wallace Tashima (C.D. Cal.) (confirmed June 26, 1980) (nominated May 9, 1980) 3. Walter Meheula Heen (D. Haw.) (appointed Jan. 1, 1981) (nominated Jan. 8, 1981) PRESIDENT GERALD FORD (1974 1977) Confirmations 2 1. Dick Yin Wong (D. Haw.) (confirmed April 24, 1975) (nominated Mar. 17, 1975) 2. Robert Mitsuhiro Takasugi (C.D. Cal.) (confirmed May 6, 1976) (nominated April 14, 2976) PRESIDENT RICHARD M. NIXON (1969 1974) Confirmations 3 1. Herbert Young Cho Choy (9th Cir.) (confirmed April 21, 1971) (nominated April 7, 1971) 2. Shiro Kashiwa (Cl. Ct./Fed. Cir.) (confirmed Dec. 2, 1971) (nominated Nov. 30, 1971) 3. Samuel Pailthorpe King (D. Haw.) (confirmed June 28, 1972) (nominated May 22, 1972) Confirmations 1 PRESIDENT DWIGHT D. EISENHOWER (1953 1961) 1. Cyrus Nils Tavares (D. Haw.) (appointed Oct. 13, 1960) (confirmed Sept. 21, 1961) (nominated Jan. 10, 1961) 9 9 While the Federal Judiciary Center does not officially recognize Judge Cyrus Nils Tavares (D-Haw) as Native Hawaiian, Tavares and his family have personally identified as such.