The case of the band that shall not be named goes to the Supreme Court

From the band's website

The Portland-based band The Slants will bring their case to the U.S. Supreme Court

ASAM NEWS

THE U.S. Supreme Court gave no indication how it might rule in the trademark case involving the Asian American rock group, The Slants.

The nation’s highest court grilled advocates on both sides of this case which will decide if the band has a right to trademark a name some consider disparaging to Asian/Americans.

The eight justices must decide if the denial is a violation of the band’s right to free speech.

The Los Angeles Times reports Justice Sonia Sotomayor asked if free speech meant the government had to endorse it. She pointed out no one is denying the bands right to use the name.

RELATED: Court takes a different slant on AAPI rock band's name

Other justices wondered aloud where the line is really drawn, drawing comparisons to a person’s right to engage in any conversation they want in a public setting.

“You want us to say trademark laws is just like a public park. That’s it. That’s your argument,” Forbes quoted Justice Anthony Kennedy asking the attorney for the patent office.

The issue has divided the Asian/American community with many backing the band’s right to take a disparaging term and turning it into a positive.

Others back the government, fearing a victory for the band will mean sports teams with names like the NFL's Redskins, which some consider racist towards Native/Americans will be affirmed.

Band leader Simon Tam has tried to draw a distinction between his case and that of the Redskins, saying the cases are unrelated. He asks in an opinion piece for NBC, does the government have the right to decide what terms are racist?

Asian/Americans condemn SCOTUS ruling against Obama's immigrant plans

Protestors outside the Supreme Court in Washington D.C.

By Louis Chan
Reprinted from AsAm News

PRESIDENT OBAMA'S executive order protecting millions of undocumented immigrants from deportation and allowing them to work has been blocked by the U.S. Supreme Court.

The justices deadlocked 4-4 and that means the Texas appeals court ruling blocking the plan remains in affect.

"For more than two decades now our immigration system, everybody acknowledges, has been broken," Obama said. "And the fact that the Supreme Court wasn't able to issue a decision today doesn't just set the system back even further, it takes us further from the country that we aspire to be."

Obama’s plan known as the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) would have allowed parents of American citizens or permanent residents to apply for the program. It would affect almost 4 million people.

RELATED: Ruling may impact 400,000 in California

The justices who voted against DAPA acknowledged the president had the authority to prevent the deportation of individuals, but objected to the blanket protection DAPA offered.

“As a national civil rights organization that advocates for fair immigration policies, we strongly supported the president’s immigration actions that would have provided relief from deportation and employment authorization to almost 1.5 million undocumented Asian immigrants in this country,” said Margaret Fung, executive director of the Asian American Legal Defense and Education Fund to AsAmNews. “While the Court’s 4-4 decision is a setback that has delayed the hopes of millions of undocumented immigrants and their families, we will explore all options in continuing the fight for immigrant rights.”

RELATED: Asians are part of the immigration debate

“The anti-immigrant forces and the Supreme Court are ignoring a clear truth,” said Grace Shim, executive director of the MinKwon Center. “Enforcement and deportation cannot solve the broken immigration system. Congress has repeatedly failed to enact large scale immigration reform, most recently in 2013 when the Senate passed a comprehensive reform measure but the House refused to even consider it. The Obama administration has also not been able to deliver on its initial promise of comprehensive immigration reform and has provided relief for a very select populations of DREAMers through his first executive action.”

The Supreme Court Justices who voted. 

“Each day these programs are delayed means that millions of immigrants and their families are left to live with fear and uncertainty,” said Sally Kinoshita, deputy director of the Immigrant Legal Resource Center, which leads Ready California. “Today’s Supreme Court decision denies valuable members of our communities the opportunity to live and work without the constant risk of being torn from their families while more fully contributing to their local economies. When and if these programs become available, we are determined to help eligible Californians realize the full benefits of these critical immigration benefits and prepare for eventual immigration reform.”

According to Ready California,the original DACA program launched in 2012, continues to be available to more than a million qualified applicants and is not affected by the Supreme Court decision. Eligible undocumented immigrants can continue to apply for and renew DACA in order to access its many benefits, including a temporary reprieve from deportation, access to a work permit, and a social security number.

“I believe we are stronger together. When we embrace immigrants, not denigrate them. When we build bridges, not walls,” said presumptive Democratic presidential nominee Hillary Clinton. “That is why, as president, I will continue to defend DAPA and DACA (Deferred Action for Childhood Arrivals), and do everything possible under the law to go further to protect families. It is also why I will introduce comprehensive immigration reform with a path to citizenship within my first 100 days. Because when families are strong—America is strong.”

“Among the things America, its history and its people has really taught me: You don’t give up. You move forward. You fight on," said Jose Antonio Vargas, founder of Define America and an undocumented immigrant himself.

"By definition, immigrants are resilient, resourceful, courageous people. We will not give up. I will not give up.”

Views From the Edge contributed to this report.

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Asian/Americans react to President Obama's SCOTUS nominee (with Updates)

President Obama applauds Judge Merrick Garland, his nominee for the Supreme Court.

TODAY, President Obama named Merrick Garland as his nominee to the U.S. Supreme Court to fill the seat made vacant when Justice Antonin Scalia passed away.

For the first time, an Asian/American was among the finalists for the United States' highest court. Judge Sri Srinivasan of the Washington D.C. Circuit Court was among the top considerations for SCOTUS.

RELATED: White House vetting an Asian American for SCOTUS

Obama's final choice, Judge Garland, is the Chief Judge of D.C. Circuit Court. 

During the vetting process, the AAPI community and its organizations lobbied for a nominee that an AAPI be selected. The White House even had a conference call meeting with leaders within that community to explain the vetting process. Shortly thereafter, it became known that Srinivasan was among the final candidates.

RELATED: More reactions at AsAm News

Following are some of the quick reactions from the AAPI community.

National Council of Asian Pacific Americans

National Director Christopher Kang

"The National Council of Asian Pacific Americans supports President Obama’s nomination of Chief Judge Merrick Garland to serve as the next Justice on the United States Supreme Court. Chief Judge Garland’s qualifications and experience are unquestioned: his record as a judge for nearly two decades demonstrates that he understands the proper role of the court, and he also led the successful prosecutions of two major terrorism cases, “Unabomber” Ted Kaczynski and the bombers of the federal building in Oklahoma City.

"It is clear why, just a few years ago, a senior Republican Senator said Chief Judge Garland would be a “consensus nominee” to the Supreme Court. The same is true today.

"NCAPA also would like to acknowledge that President Obama reportedly considered Judge Sri Srinivasan as a finalist for this Supreme Court nomination—the first time in history that an Asian American has reached the final round of consideration to serve on our nation’s highest court. This is a reflection of President Obama’s commitment to and success in furthering a judiciary that resembles the nation it serves, and in particular his tremendous strides in appointing more Asian American federal judges than all previous presidents in history combined.

"While we are disappointed that President Obama did not nominate an Asian American today, we stand behind his nominee and are confident that when future Supreme Court vacancies occur, Asian Americans will continue to receive this highest level of consideration and that there will soon be an Asian American Supreme Court Justice.

"Today, President Obama has fulfilled his constitutional responsibility. Now, United States Senators must do their job by meeting with Chief Judge Garland, conducting a hearing, and casting their votes."

Rep. Mike Honda, D-Silicon Valley
Lead Democrat on the House appropriations subcommittee concerning justice issues, issued a statement, following President Obama’s nomination of Chief Judge Merrick Garland to the Supreme Court:

“President Obama has taken a great deal of effort to ensure that the Supreme Court will add another extremely qualified legal scholar to the bench,” said Honda. “Chief Judge Merrick Garland has already been considered for a seat on the Supreme Court because of his long history of excellent work on the DC Circuit. The President has chosen a man with amazing credentials, a mastery of the law and a history of independent legal thought.

“This nation is built on a system of checks and balances: Executive, Legislative and the Courts. For us to be the best nation possible, we must have a full Supreme Court, ready to hear cases that will determine our future as a nation. Republican leadership in the Senate must adhere to a strict reading of the Constitution, advise the President on the nomination and vote on their consent to him/her joining the Court. It is time for us to put away politics and do our jobs. Americans should accept no less.”


Rep. Judy Chu, D, Pasadena
Chair of the Congressional Asian Pacific American Caucus

“Nominating justices to the Supreme Court is one of the primary duties of the President. In naming Judge Merrick Garland, a seasoned jurist with a commendable record, President Obama has fulfilled that constitutional duty. Now it is time for the Senate to fulfill theirs. Refusing to even meet with a nominee, as Senate Republicans are doing, is an unprecedented level of partisan dysfunction. A well and fully functioning Court is essential for our entire judicial system. With important cases on critical issues like the President’s authority to set deportation priorities, access to abortion, and climate change still to be decided, we cannot afford to leave a seat vacant for another year.

“Unfortunately, from refusing hearings on his Supreme Court nominee or his budget priorities to filing lawsuits against the use of executive power, Congressional Republicans have made obstructing the actions of this Administration a priority. That is misguided and only serves to erode trust in government. I urge Senate Republicans to change course and hold a hearing on Judge Garland, his experience, his views, and his qualifications. Cooperation and dialogue, not obstruction and partisanship, are the only ways forward.”

Asian Americans Advancing Justice

Mee Moua, President and Executive Director

“Asian Americans Advancing Justice | AAJC applauds President Obama for today announcing the nomination of Judge Merrick Garland to the United States Supreme Court.

"It is now incumbent on us – the American people – to urge the Senate Judiciary Committee to hold their hearings and cast their votes on the nomination of Judge Garland. We urge the Senate Judiciary Committee to exercise its constitutional responsibilities with due diligence and act upon Judge Garland’s nomination.”

Statement from the Sikh American Legal Defense and Education Fund

"Chief Judge (Merrick) Garland is remarkably qualified to serve as the next Supreme Court Justice. ... While SALDEF called on President Obama to nominate the first Asian American Supreme Court Justice, we realize the profound statement Sri Srinivasan made as the first Asian American in history to make it to a President’s 'short list.' SALDEF wholeheartedly supports President Obama’s nomination of Chief Judge Garland, we are encouraged by the consideration of Judge Srinivasan, and we eagerly await the first Asian American Supreme Court Justice.

"SALDEF implores the United States Senate to fulfill their constitutional responsibility and swiftly hold hearings and confirm Merrick Garland as the next Supreme Court Justice. While Senate Republicans have a history of judicial obstruction—there are currently 77 vacancies for federal judgeships compared to 43 when the Republicans regained control of the Senate—it is out of line for Republicans to drag the Supreme Court into partisan politics.

"The Supreme Court is too critical to allow a long-term vacancy. The court has monumental cases on abortion, immigration, affirmative action, and voting rights this term—all issues that have significant consequences for Sikh Americans, Asian Americans, and the country as a whole. More than 60% of the nation believes that the Senate “should hold hearings” on the Supreme Court nominee—with a majority of Democrats, Independents, and Republicans agreeing on the issue.

"Without knowing the nominee, Senate Republicans took an obstructionist stance on the Supreme Court confirmation process. Merrick Garland not only deserves a Senate hearing, but he also deserves to be confirmed to the Supreme Court. SALDEF joins many national Asian American organizations in applauding President Obama for nominating Chief Judge Garland, and in calling for the Senate to fulfill their constitutional duty and swiftly hold hearings and confirm him as the next Supreme Court Justice."

UPDATED March 17, 2016

AAPI Victory Fund
Snekar Narashimhan, chairman and founder

“The AAPI community wants a seat at the table in every venue and truly believes the bench of qualified AAPI candidates deserve consideration for the very next vacancy.”

“Today, the Asian American and Pacific Islander community must come together and work to ensure the Senate holds a fair hearing and a timely vote on the president's nominee. Obstructionist senators must be held accountable for their actions. The Asian American and Pacific Islander community needs to be more of a political force moving forward, and the AAPI Victory Fund will continue to mobilize its presidential elections outreach in 6 states — Colorado, Florida, Nevada, North Carolina, Ohio and Virginia — to empower the more than 18 million Asian Americans and Pacific Islanders in this country."

South Asian Bar Association of North America

“If confirmed, he will bring this experience from what is considered the second most important court in the U.S. and a reputation as a centrist to the Supreme Court,” adding: “Even as we congratulate Judge Garland, we are proud that one of our members is so highly regarded as to be considered a ‘likely candidate,’ and know that the depth and experience of our members will only continue to grow so that we stand ready next time the Supreme Court calls.”

Duckworth wins Democratic primary; eyes Illinois' U.S. Senate seat

Daily Herald

Rep. Tammy Duckworth thanks her supporters after winning the Democratic primary March 15.

AS EXPECTED, in the Illinois primary last night (March 15), U.S. Rep. Tammy Duckworth won 63% of the vote with the balance split between former Chicago Urban League CEO Andrea Zopp and Napoleon Harris, a state senator and former NFL player in the Illinois primary. 

By winning, the 5-term House member Duckworth becomes the Democratic nominee for U.S. Senate. Her victory sets the stage for a heated contest versus the incumbent, Republican U.S. Sen. Mark Kirk.

The already contentious race between Duckworth and Kirk has been going on informally for months. Democrats see Kirk's seat as very vulnerable as a Senate seat they can turn blue by the popular Duckworth, a Thai/American.

If Duckworth wins in November, she could change the balance in the Senate and break the logjam Republicans have put up against Obama proposals and could be a factor in deciding who could be the next Supreme Court justice.

RELATED: GOP removes tasteless tweet vs. double amputee

Last week, the National Republican Senatorial Committee went after Duckworth tweeting that she "didn't stand up for veterans." The GOP quickly removed the tweet after the committee was heavily criticized. Duckworth, who lost both legs during a combat mission in Iraq, fired back with a long list of the bills she sponsored on behalf of veterans.

Prior to the primary, the GOP was already running TV ads against Duckworth.

Both Kirk and Duckworth have made compelling personal stories part of their campaign. Kirk suffered a near-fatal stroke in 2012, but returned to work in Washington a year later following intense rehabilitation. Duckworth, who grew up poor and attended college with help from federal grants, is the first veteran double amputee to serve in Congress.

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For more news about Asian/Americans and Pacific Islanders, read AsAm News.

White House vetting Asian American judge for SCOTUS post

When he was sworn in as judge in 2013, Sri Srinivasan, placed his hand on the Hindu holy book, the Bhagwad Gita, held by his mother Saroja Srinivasan.

ONE OF THE names being seriously considered to fill the vacant position on the U.S. Supreme Court is an Asian/American. Judge Sri Srinivasan of the U.S. Court of Appeals for the District of Columbia Circuit -- a traditional launching pad for Supreme Court nominees, is being vetted, according to reports.

The friends and former colleagues of the 48-year old Indian/American judge are being interviewed, sources familiar with the vetting process told CNN today (March 5).

The news of Srinivasan making the short list for a seat on the Supreme Court came days after the White House talked with Asian/American leaders in an "off he record" phone conference March 3. Although no names were mentioned during the call, people had a chance to press that an Asian/American candidate be seriously considered for the open seat.

Tina Matsuoka, executive director of the National Asian Pacific American Bar Association in Washington, said the call signaled the White House’s acknowledgement of excitement in the Asian-American community that the next Supreme Court justice could become the first Asian-American to sit on the high court.

RELATED: White House meets with AAPI leaders

Ever since the death of Justice Antonin Scalia last month, Asian/Americans, along with other interest groups, have been lobbying for President Obama to nominate a new justice quickly even though Republicans have vowed to block the nomination until 2017, when a new president will take office.

“We’ve been really excited that there’s a number of Asian-Americans who have been talked about in the mainstream press, and it’s really galvanized the community,” Matsuoka said.

Srinivasan isn’t the only Asian/American or immigrant who’s been talked up as a potential Obama nominee for the Court. There’s also Jacqueline Nguyen, an appeals court judge who once lived in a refugee camp with her Vietnamese family, and Goodwin Liu, a Taiwanese/American justice from Georgia on the California Supreme Court. Mariano-Florentino Cuéllar, a Mexican immigrant who is also on the California Supreme Court, is another potential option. But of these, experts say, Srinivasan is the likeliest choice. 

Of course, there are many others being considered also besides Srinivasan. 

RELATED: Why not an Asian American on the Supreme Court?

Even though his father went to U.C. Berkeley, Srinivasan chose to get his undergrad degree across San Francisco Bay at Stanford, where he also got his law degree. He clerked with Supreme Court Justice Sandra Day O'Conner and worked for the Solicitor General under the Bush and Obama administrations. He joined a Washington D.C. law firm before President Barack Obama first nominated him in 2012 for the D.C. appeals court, the same court where Scalia served before ascending to SCOTUS.

The Senate confirmed him 97-0 in April, 2013. During the oonfirmantion hearings Sen. Ted Cruz noted that “we have been friends a long time.” Sen. Orrin Hatch, now the chamber’s most senior Republican, called him “terrific” and added “I do not believe judges should be filibustered.”

During the hearings, he parried questions regarding his positions on controversial issues by testifying that he doesn't let his personal opinions affect his judicial decisions. 

Srinivasan was born in Chandigarh, India in 1967 and moved with his family to Lawrence, Kansas a few months later. His late father was a math professor at Kansas University; where his mother also taught art history and computer science. His sister Srinija was the fifth employee to join Yahoo. 

There’s never been an Asian on SCOTUS. “It’s time for America to achieve that historic first,” said Jin Hwang, the president of the National Asian Pacific American Bar Association, in an interview with Fusion.  “The reason why it’s important to have judges who look like the population is it instills more confidence in the justice system… People can feel more a part of society and not be considered a perpetual foreigner.”

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For more news about Asian/Americans & Pacific Islanders, read AsAm News.

Why not an Asian American on the U.S. Supreme Court?

California Chief Justice Tani Gorre Cantil-Sakauye

EVERYBODY else has opined on who should be the next U.S. Supreme Court Justice, so I might as well join in.

When Justice Antonin Scalia apparently died in his sleep, it opened up a seat in the highest court in the land and busted open a political beehive during a Presidential election year. Suddenly, we're not just looking at the next four years, now we're looking at the the next 10 to 20 years. The Supreme Court will make important decisions that will impact issues that will determine the type of country we want America to be.

Scalia, one of the most conservative judges in the High Court, saw himself as a strong Constitutionalist but his decisions have been highly partisan making him one of the most activist judges in history by overturning precedence, ignoring history and instead, some say, interpreting the Constitution to push his very conservative agenda.

RELATED: Asian American potential nominees for the U.S. Supreme Court

President Obama said he would make a nomination for the court as soon as he can and on the Republicans have vowed that they would not approve any nominee from Obama, preferring the selection be the next president's choice - and they are assuming a Republican would win the Presidency.

Right away, people began speculating who should be nominated. Asian Americans advocating for an AAPI member in the esteemed court would be appropriate. They feel that a court reflecting the diversity of the country would be apt since the United States is moving towards a minority majority by mid-century. 

Not widely known outside of California, Chief Justice Tani Gorre Cantil-Sakauye is the 28th chief justice of the State of California. She was sworn into office on January 3, 2011, and is the first Asian-Filipina American and the second woman to serve as the state’s chief justice.

AND - she is one of those rare creatures: a woman and a member of an up-and-coming minority that could play a crucial role in the upcoming November elections AND ... she is a Republican. Would the GOP-controlled Senate reject one of their own?

After former Governor Arnold Schwarzenegger nominated her as Chief Justice on July 22, 2010, the California State Bar Judicial Nominees Evaluation Commission rated her as exceptionally well qualified for the position. At a public hearing on August 25, 2010, she was unanimously confirmed by the Commission on Judicial Appointments, and in a general election on November 2, 2010, an overwhelming majority of voters elected her to that position.

Cantil-Sakauye's Filipina mother was a farmworker, and her Hawaiian-born Filipino/Portuguese father, worked in sugar cane and pineapple plantations before moving to Sacramento. 

Cantil-Sakauye has shown herself to be a moderate on several issues. Her court rejected attempts to revive Prop. 8, an anti-gay marriage proposition and she advocates for more access to the courts despite having her budget cut in recent years.

Accourding to the court's bio of Cantil-Sakauye, in addition to her administrative work on the Judicial Council, she has served as president of the Anthony M. Kennedy American Inn of Court, which is dedicated to promoting civility, ethics and professionalism in the law. That background would be a welcome change to the Supreme Court that has been involved in some highly charged decisions and volatile opinions, albeit many written by the late Justice Scalia.

Born in 1959 in Sacramento, Chief Justice Cantil-Sakauye attended C. K. McClatchy High School (1977) and Sacramento City College (1978) before receiving her BA from the University of California, Davis, graduating with honors in 1980. After taking a year off to visit the Philippines, the Chief Justice entered the UC Davis, Martin Luther King, Jr., School of Law in 1981. After receiving her JD in 1984, she worked as a deputy district attorney for the Sacramento County District Attorney’s Office, where she prosecuted a variety of criminal offenses. From 1988 to 1990, she served on the senior staff of Governor Deukmejian in two capacities: first as deputy legal affairs secretary and later as a deputy legislative secretary.

Chief Justice Cantil-Sakauye is a former board member of several nonprofit organizations and has been active in numerous professional community organizations, including membership in the California Judges Association, the National Asian Pacific American Bar Association, and the Sacramento Asian Bar Association, and received the Filipina of the Year Award. 

She is currently a member of the Board of Directors for the Conference of Chief Justices, The American Law Institute, the Board of Visitors for UC Davis, an Advisory Board member of the Sacramento Federal Judicial Library and Learning Center Foundation, an honorary member of the Foundation for Democracy and Justice, a private nonprofit organization devoted to civics education, and is actively engaged in a civic learning initiative Your Constitution: The Power of Democracy. 

Chief Justice Cantil-Sakauye is married to Mark Sakauye, a retired police lieutenant, and they have two daughters. If chosen for the court, she would become the second Sacramentan on that august council, the other being Justice Anthony Kennedy.

After law school, one of the jobs she undertook was as a blackjack dealer in a Reno casino. (It earned more than being a law clerk, she says.) That aptitude - playing the cards that are dealt - would do her well in the U.S. Supreme Court where she could potentially become a crucial swing-vote in issues of a politically partisan nature.

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