Hon. Lucy Koh (Photo by Win McNamee/Getty Images)
Listen, even the most hardcore federal judicial junkies don’t listen to every moment of every judicial confirmation hearing. But sometimes there’s an awkward moment that simply has to be called out.
Yesterday was the hearing on President Joe Biden’s nomination of Lucy Koh to the Ninth Circuit. Koh, a former intellectual property partner at McDermott Will & Emery, currently sits as a district court judge for the Northern District of California. And this is her second appellate nomination — Barack Obama nominated her in 2016, but the Republican-controlled Senate refused to act on the nomination. While all this is interesting, it’s Senator Chuck Grassley’s interaction with Koh that is garnering attention — and not the good kind:
“What you said about your Korean background reminded me a lot of what my daughter-in-law of 45 years has said: ‘If I’ve learned anything from Korean people, it’s a hard work ethic. And how you can make a lot out of nothing,’” [Grassley] said. “So I congratulate you and your people.”
YIKESTOWN. I’d say okay Boomer, but Grassley is older than that.
I mean… we all know that model minority myth is harmful and racist. Right? RIGHT?!?!? That’s why the statement of Taylor Foy, Grassley’s spokesperson, doesn’t really help:
“Sen. Grassley’s intent was to be complimentary, not to insult anyone. Chairman Durbin invited Judge Koh to share the inspiring story of her family’s immigration to the United States. Sen. Grassley shared that he has similarly been inspired by the immigration story of his daughter-in-law, who is also Korean-American.
The Law Firm’s Guide To Trust Accounting And Three-Way Reconciliation
Proper trust accounting and three-way reconciliation are essential for protecting client funds and avoiding serious compliance risks. In this guide, we break down these critical processes and show how legal-specific software can help your firm stay accurate, efficient, and audit-ready.
Anyway for those scratching their heads and grunting “but, but, it’s a compliment,” I’ll let Representative Judy Chu, chair of the Congressional Asian Pacific American Caucus, take it away.
Even as a compliment, assigning any trait to a whole community is the definition of prejudice. Treating all members of a group as the same invites mistreatment. It may not be the same incitement to violence seen in other slurs, but is harmful none the less https://t.co/nfHqv6KJoQ
— Judy Chu (@RepJudyChu) October 6, 2021
Right about now is when I remind everyone that Grassley was first elected to public office during the Eisenhower administration. The 88-year-old announced he is seeking re-election.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).