Dale Ho
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Dale Edwin Ho (born 1977) is an American lawyer serving as a
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
of the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
. Prior to becoming a judge, he was the director of the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
's
voting rights Suffrage, political franchise, or simply franchise is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in ...
project.


Early life and education

Ho was born in 1977 in
San Jose, California San Jose, officially the City of San José ( ; ), is a cultural, commercial, and political center within Silicon Valley and the San Francisco Bay Area. With a city population of 997,368 and a metropolitan area population of 1.95 million, it is ...
to immigrants to the United States from the
Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
. He received his
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
in political philosophy, ''
summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'', from
Princeton University Princeton University is a private university, private Ivy League research university in Princeton, New Jersey, United States. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial ...
in 1999 with membership in
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
. He then received his
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
from
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
in 2005.


Career

Ho served as a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
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 The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...
from 2006 to 2007. Through a one-year Fried Frank Civil Rights Fellowship, he worked for the law firm
Fried, Frank, Harris, Shriver & Jacobson Fried, Frank, Harris, Shriver & Jacobson LLP (known as Fried Frank), is an international law firm headquartered in New York City. The firm also has offices in Washington, D.C., London, Frankfurt, and Brussels. It has more than 800 attorneys wor ...
as an NAACP Legal Defense & Educational Fund, Inc. (NAACP LDF) Fellow from 2007 to 2009. He then worked as a staff attorney with the NAACP LDF from 2009 to 2013, where he worked on legislative redistricting projects, including anti-
gerrymandering Gerrymandering, ( , originally ) defined in the contexts of Representative democracy, representative electoral systems, is the political manipulation of Boundary delimitation, electoral district boundaries to advantage a Political party, pa ...
efforts. In 2013, Ho became Director of the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
(ACLU) Voting Rights Project. In 2014, Ho began teaching election law as an Adjunct Assistant Professor of Law at
Brooklyn Law School Brooklyn Law School (BLS) is a Private university, private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and adjunct faculty. ...
starting in 2013, and a
racial justice Anti-racism encompasses a range of ideas and political actions which are meant to counter racial prejudice, systemic racism, and the oppression of specific racial groups. Anti-racism is usually structured around conscious efforts and deliberate ...
clinic A clinic (or outpatient clinic or ambulatory care clinic) is a health facility that is primarily focused on the care of outpatients. Clinics can be privately operated or publicly managed and funded. They typically cover the primary care needs ...
as an adjunct professor at the
New York University School of Law The New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it was the first law school established in New York City and is the oldest survivin ...
starting in 2014. In 2019, Ho was one of five ACLU lawyers featured in the documentary '' The Fight'', produced by actress
Kerry Washington Kerry Marisa Washington (born January 31, 1977) SidebarCertificate of Live Birth: Isabelle Amarachi Asomugha(County of Los Angeles Department of Public Health). Gives Kerry Washington birth dateArchivedfrom the original on May 2, 2016.Note: Fil ...
, which followed his preparation, oral argument, and reaction in the United States Supreme Court proceedings around '' Department of Commerce v. New York'' (see ''Notable cases'', below).


Notable cases

In 2018, Ho was a lead attorney in '' Fish v. Kobach'', in which the district court ruled that it was illegal to require documentary proof of citizenship in order to register to vote. Ho argued the case before the
United States Court of Appeals for the Tenth Circuit The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * Dist ...
, which affirmed the Kansas district court's ruling. Ho argued twice against the Trump administration in front of the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. In '' Department of Commerce v. New York'' (2019), Ho represented a coalition of immigrant advocacy groups who successfully challenged
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...
's plan to include a citizenship question on the 2020 United States census questionnaire. In '' Trump v. New York'' (2020), the ACLU unsuccessfully challenged the Trump administration's plan to exclude
illegal immigrants Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, wi ...
from the U.S. congressional apportionment process.


Federal judicial service

From the start of President
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
's
administration Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal: the process of dealing with or controlling things or people. ** Administrative assistant, traditionally known as a se ...
, Ho had been considered a potential nominee for a federal judgeship. The public criminal defense and voting rights attorney was a candidate of the Biden administration's program to open up the field to practitioners outside the traditional pool of corporate lawyers and prosecutors. On June 7, 2021, U.S. Senate Majority Leader
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as the Seniority in the United States Senate, senior United States Senate, United States senator from New York (state), New York, a seat he has held since 1999. ...
recommended Ho for a federal judgeship to the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
. On September 30, 2021, Biden nominated Ho to serve as a judge of that court, to the seat vacated by Judge
Katherine B. Forrest Katherine Bolan Forrest (born February 13, 1964) is a partner at New York law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP, and a former United States district judge of the United States District Court for the Southern District of New York. ...
, who resigned on September 11, 2018. On December 1, 2021, a hearing on his nomination was held before the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
. 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 Mary Marsha Blackburn (née Wedgeworth; born June 6, 1952) is an American politician and businesswoman serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Tennessee. Blackburn was first ...
,
Mike Lee Michael Shumway Lee (born June 4, 1971) is an American lawyer and politician serving as the senior United States senator from Utah, a seat he has held since 2011. A member of the Republican Party, Lee became Utah's senior senator in 2019, whe ...
, and
Tom Cotton Thomas Bryant Cotton (born May 13, 1977) is an American politician and United States Army, Army veteran serving since 2015 as the Seniority in the United States Senate, junior United States Senate, United States senator from Arkansas. A memb ...
. 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." A resurfaced video from 2018 showed Ho calling the U.S. Senate and the
Electoral College An electoral college is a body whose task is to elect a candidate to a particular office. It is mostly used in the political context for a constitutional body that appoints the head of state or government, and sometimes the upper parliament ...
"undemocratic" and arguing that voting should be made easier and that people with criminal convictions should not lose the right to vote. 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; in response, progressive group Demand Justice launched a six-figure ad campaign in support of Ho. On January 3, 2022, his nomination was returned to President Biden under Rule XXXI, Paragraph 6 of the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
; he was renominated the same day. On January 20, 2022, the committee failed to report his nomination by an 11–11 vote. On June 14, 2023, the Senate invoked
cloture Cloture (, ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. is ...
on his nomination by a 50–49 vote. Senator
Joe Manchin Joseph Manchin III ( ; born August 24, 1947) is an American businessman and retired politician who served as a United States senator from West Virginia from 2010 to 2025. He was West Virginia's only congressional Democrat until he registered as ...
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." Later that same day, his nomination was confirmed by a 50–49 vote. Ho was only the second ACLU lawyer to be confirmed directly to the federal bench as an Article III judge, after
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; Bader; March 15, 1933 – September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until Death and state funeral of Ruth Bader ...
. He received his judicial commission on August 18, 2023.


Notable cases as a judge

On September 25, 2024, he was randomly assigned to the
prosecution A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...
of
New York City Mayor The mayor of New York City, officially mayor of the City of New York, is head of the executive branch of the government of New York City and the chief executive of New York City. The mayor's office administers all city services, public property, ...
Eric Adams Eric Leroy Adams (born September 1, 1960) is an American politician and former police officer who has served as the 110th mayor of New York City since 2022. Adams was an officer in the New York City Transit Police and then the New York City P ...
, No. 24-cr-556 (S.D.N.Y.).


Personal life

Ho is a member of the First Unitarian Congregational Society of Brooklyn.


See also

* Joe Biden judicial appointment controversies * List of Asian American jurists


References


External links

*
Dale Ho's biography at the ACLU
* {{DEFAULTSORT:Ho, Dale 1977 births Living people 21st-century American lawyers American Civil Liberties Union people American civil rights lawyers American jurists of Filipino descent Brooklyn Law School faculty Judges of the United States District Court for the Southern District of New York New York University School of Law faculty People associated with Fried, Frank, Harris, Shriver & Jacobson People associated with the NAACP Legal Defense and Educational Fund Princeton University alumni Suffrage United States district court judges appointed by Joe Biden Yale Law School alumni