Like many of you, I've been keeping a close eye on Professor Goodwin Liu's nomination to the federal bench. Although Professor Liu had impeccable credentials as well as support from legal experts on all sides of the ideological spectrum, his appointment was derailed by Senate Republicans, led by Senator Tom Coburn of Oklahoma. Thankfully, as covered by Curtis' recent post (http://www.apaforprogress.org/goodwin-liu-nominated-california-supreme-court), California governor Jerry Brown recently announced that he would nominate Professor Liu to the California Supreme Court.

John Schwartz wrote an interesting article in the New York Times (http://www.nytimes.com/2011/08/07/us/politics/07courts.html) about the Obama Administration's record on judicial diversity. Schwartz details how President Obama has appointed a drastically more diverse set of judges than any of his predecessors. For example, both of his Supreme Court appointees have been women, and Sonya Sotomayor is also the first woman of color and the first Latina/o to have been appointed to the Supreme Court. Recently, President Obama also appointed the first openly gay man to the federal bench in Judge J. Paul Oetken, Southern District of New York. In addition, 47 percent of his confirmed appointees have been women, 21% have been African-American, 11% have been Hispanic, and 7% have been Asian-American, including such talented legal minds such as Denny Chin, Lucy Koh, and Miranda Du.

On the other hand, the Obama administration has faced stiff opposition to many of his judicial appointments; 55 of his nominations are currently held in limbo in the Senate confirmation process. Meanwhile, there are 88 vacancies in the Federal Courts (http://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies.aspx), with many more vacancies on the way. Many Obama supporters and legal analysts claim that this level of opposition is unprecedented, and is driven by right-wing suspicion of alleged "judicial activism." In addition to straining our judicial infrastructure, Republicans' stone-walling of administration appointments carries with it an undertone of resistance to demographic change. Who can forget Newt Gingrich shamelessly accusing Judge Sotomayor of being a "racist" or the right-wing blogosphere exploding over Harold Koh's alleged support of "Shariah Law," both unsupported accusations.

In the progressive community, on the other hand, we're becoming increasingly concerned by the strange legal theories and impacts of conservative judicial activism. From the infamous misdeeds of the Bush-era Department of Justice to the recent pro-corporate rulings (see, e.g. Citizens United) of the Roberts Supreme Court, it is clear that we need principled, empathetic, and responsible judges across all levels of the judicial system. I believe that it's imperative that APA progressive community members continue to push for responsible appointments to the judicial system, and for Asian Pacific American candidates to be nominated for these positions.

Why should we push for more APA nominations? First, it would indicate that elected officials are fully considering all qualified candidates for these public service positions, not just those in their immediate, mostly white-male networks, or those who fit the historical profile of a 'judge.' Although 'color-blind' and 'gender-blind' policies may seem fair, I believe that it is necessary for leaders should take pro-active steps to make sure that they're not overlooking highly qualified, talented candidates. Moreover, as representatives and arbiters of disputes in the community, judges should be able to empathize with, understand, and represent the communities that they serve. Judges are not merely emotionless, context-less 'umpires,' merely interpreting rules and competing arguments. A more diverse bench is more likely to understand the unique situations they encounter and be respectful and culturally sensitive towards the citizens in their courts. I've heard horror stories from friends who work as community advocates, stories of judges berating AAPI immigrants for having an accent or not adapting "American" names.

So, what are some strategies that concerned citizens can take to ensure our continued progress towards full representation in the judicial system? APA civic organizations, advocacy groups, and bar associations have traditionally taken the lead on encouraging our full representation. Professor Liu's nomination, for example, was supported by sign-on petitions and direct actions across the country, across a multitude of organizing platforms. Additionally, progressive community members can take steps to build relationships across ethnic, racial, and political lines to support responsible, diverse appointees. Finally, in light of the recent discussions here at APA for Progress about the model minority myth, its also important to support the pipeline of young APA legal talent. While the overall representation of APA's in law schools and bar associations across the country has increased in recent decades, many APA ethnic groups, particularly Southeast Asian and Pacific Islander groups, are woefullly underrepresented at our nation's law schools.

I'd like to ask the community here at Asian Pacific Americans for Progress, what are your thoughts on judicial diversity? Do you know of any up and coming lawyers and judges you'd like to see appointed to the bench? Feel free to share below!

Photo Courtesy of Stephen Crowley, New York Times

About me: Hey, I'm Dayne, and I'm a recent graduate of Pomona College. In college, I was active in AAPI student organizing as well as community work. I'm currenlty based out of Washington, D.C., and I'll be posting two to three times a week with the latest in progressive and AAPI political news and policy analysis, as well as spotlight features on young community leaders. Leave comments and share with friends! Follow me on twitter @ dayne4progress