In bid for N.Y. federal bench, ACLU litigator apologizes for 'overheated' tweets

Voting rights litigator Dale Ho on Wednesday apologized for his "overheated rhetoric" on social media but broadly defended his advocacy in a bid to serve on the Manhattan federal district court, as Republicans on the U.S. Senate's judiciary panel questioned his temperament.

Ho, director of the American Civil Liberties Union's Voting Rights Project, said his tone at times did not "reflect how I've shown up in court, or how I've conducted myself in professional settings."

He testified he would set aside his prior role as an advocate and serve "as a fair, neutral, impartial arbiter of the law" if he is confirmed to the U.S. District Court for the Southern District of New York.

"I'm deeply committed to the principle of equal justice under the law and if confirmed I will do everything I can to ensure that everyone who comes before the court gets a fair shake and fair opportunity to be heard," Ho said.

The Senate has confirmed 19 federal district judges and nine appellate judges so far under the Biden administration, which has emphasized the personal and professional diversity of its picks for the courts. Ho would become the second active Asian American judge on the Manhattan-based Southern District of New York.

"The country isn't all corporate lawyers and prosecutors. It has many other people in the legal profession, and now we're beginning to see them on the bench in much greater numbers," Senate Majority Leader Chuck Schumer of New York, who made an appearance to introduce Ho, told the committee. "Mr. Ho's confirmation would go a long way to helping achieve that goal."

U.S. Senator Ted Cruz, Republican of Texas, called Ho an "extreme partisan." Cruz added: "You have tweeted attacks at multiple members of this committee." Republican U.S. Senator John Kennedy of Louisiana said he has "grave concerns" about voting for Ho, whom he called "angry."

Lawyers from some of the country's largest law firms said in a letter to the judiciary panel that as practitioners, "we would welcome a judge of Dale's temperament, consideration and commitment to preside over our matters."

The judiciary committee also considered on Wednesday the nomination of U.S. District Judge Leonard Stark of Delaware for the U.S. Court of Appeals for the Federal Circuit and the nomination of Winston & Strawn partner Kathi Vidal to serve as the director of the U.S. Patent and Trademark Office.

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CORRECTION: This article was changed to reflect that Dale Ho would be the second, not the first, active Asian American judge serving on the Manhattan federal district court.