Indian American nominated for federal court bench

UNIVERSITY OF NOTRE DAME

AMUL THAPAR

ASAM NEWS

A judge Donald Trump once considered for the US Supreme Court has been nominated for a district judgeship in the Eastern District of Kentucky, reports Stock Daily Dish.
Amul Thapar, 47, is the first Indian American to be nominated for a top judicial post by Trump. He was nominated 

“Judge Thapar is a respected and thoughtful jurist who has long served as role model for the South Asian and greater legal community,” said Vichal Kumar, South Asian Bar Association president.

“Despite being among the youngest judges in the federal judiciary, Judge Thapar quickly established a reputation as a top legal scholar among his peers. His nomination furthers SABA’s mission of ensuring a judiciary that reflects the diversity of our country and we anticipate that his eminent qualifications will earn him a swift confirmation,” Kumar said.

However, the People of American Way, a group founded by legendary television producer Norman Lear to challenge the conservative agenda, is opposing the nomination.

It points to a legal opinion written by Thapar in November supporting the dismissal of a discrimination claim filed by an African American state trooper in Ohio. Thapar put the burden of proof on the trooper which is counter to case law which shifts the burden to the employer to prove a ” legitimate, non-discriminatory reason for the differential treatment.” Since employers rarely admit discrimination, the plaintiff only needs to proof they belong to a protected class and “suffered an adverse employment action despite being qualified for the job.”

People of American Way says Thapar’s ruling “make it much harder for people of color to prevail in discrimination cases.”

He earned his undergrad and law degree at the University of California, Berkeley.

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