Career
Ho served as a law clerk to Judge Barbara S. Jones of the United States District Court for the Southern District of New York from 2005 to 2006 and Associate Judge Robert S. Smith of the New York Court of Appeals from 2006 to 2007. [3] [4] Through the fellowship, he worked for the private law firm Fried, Frank, Harris, Shriver & Jacobson as a NAACP Legal Defense & Educational Fund, Inc. (NAACP LDF) Fellow from 2007 to 2009, and then as a staff attorney with the NAACP LDF from 2009 to 2013, [5] where he worked on legislative redistricting projects, including anti-gerrymandering efforts. [6]
In 2013, Ho became Director of the American Civil Liberties Union Voting Rights Project. [3] In 2014, Ho began teaching a racial justice clinic as an adjunct professor at the New York University School of Law. [7]
In 2019, Ho was one of five ACLU lawyers featured in the documentary The Fight , produced by actress Kerry Washington, which followed his preparation, oral argument, and reaction in the United States Supreme Court proceedings around Department of Commerce v. New York . [8]
Federal judicial service
Since the start of President Joe Biden's administration, Ho had been considered a potential nominee for a federal judgeship. [13] On June 7, 2021, U.S. Senate Majority Leader Chuck Schumer recommended Ho for a federal judgeship to the United States District Court for the Southern District of New York. [14] On September 30, 2021, Biden nominated Ho to serve as a judge of that court, [15] to the seat vacated by Judge Katherine B. Forrest, who resigned on September 11, 2018. [16]
On December 1, 2021, a contentious hearing on his nomination was held before the Senate Judiciary Committee. [17] During his confirmation hearing, Ho apologized for his "overheated rhetoric" on social media, which included past tweets critical of three Republican members of the Senate Judiciary Committee, Marsha Blackburn, Mike Lee, and Tom Cotton. [18] He was questioned by senators over a tweet in which he appeared to refer to himself as a "wild-eyed sort of leftist"; he explained that he was "referring to a caricature of the way other people may have described me, not how I would describe myself." [19] A resurfaced video from 2018 showed Ho calling the U.S. Senate and the Electoral College "undemocratic" and arguing that voting should be made much easier and that people with criminal convictions should not lose the right to vote. [20] The conservative Judicial Crisis Network launched a $300,000 television ad campaign against Ho, the group's first TV campaign against a Biden judicial nominee; [21] in response, progressive group Demand Justice launched a six-figure ad campaign in support of Ho. [22]
On January 3, 2022, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate; [23] he was renominated the same day. [24] On January 20, 2022, the committee failed to report his nomination by an 11–11 vote. [25]
On January 3, 2023, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate; [23] he was renominated the same day. [24] On February 9, 2023, his nomination was reported out of committee by an 11–10 vote. [26] On June 14, 2023, the Senate invoked cloture on his nomination by a 50–49 vote. [27] Senator Joe Manchin was the only Democrat to vote against cloture and against confirmation of Ho’s nomination, stating Ho was "extreme left" and accusing him of "hateful words" and "partisanship." [28] [29] Later that same day, his nomination was confirmed by a 50–49 vote. [30] [31] [32] Ho is only the second ACLU lawyer to be confirmed directly to the federal bench as an Article III judge after Ruth Bader Ginsburg. [33] He received his judicial commission on August 18, 2023. [34]
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