An intended compliment of federal court nominee Lucy Koh during her confirmation hearing sparked backlash when several accused a Senator of reinforcing the model minority stereotype, reports the Washington Post.
“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,’ ” said Sen Charles Grasley (R-Iowa). “So I congratulate you and your people.”
President Joseph Biden announced the nomination of Judge Koh last month to serve on the U.S. Court of Appeals for the Ninth Circuit. If confirmed, Judge Koh would become the first Korean American woman to serve as federal appellate judge in the nation’s history.
Rep Judy Chu (D-CA) recognized Grasley’s good intentions, but said his remarks came from a case of prejudice.
“Even if you think you’re being complimentary, assigning any character trait to an entire community is the definition of prejudice,” she said. “Treating all members of a group as the same invites mistreatment when one person can be held accountable for the actions of someone else. It may not be the same incitement to violence seen in other slurs, but it is harmful nonetheless.”
John Yang, executive director of Asian Americans Advancing Justice, said the remarks would ultimately harm and create divisions within communities. Hard work is a shared ethic among many Americans from different cultures and races, not only Korean Americans.”
The controversy, however, did not overshadow the importance of Koh’s nomination.
Michelle Rhyu, Board Chair of the Council of Korean Americans (CKA) said, “Judge Koh is a tenacious, thoughtful jurist with utmost integrity… With her nomination, President Biden has taken a step toward recognizing the importance of having Asian American representation at the highest levels of our court system. We celebrate this step as we focus on continuing to amplify Korean American voices.”
In a report by Reuters, Committee Democrats said Koh’s nomination represented the Biden administration’s bid to boost the professional and personal diversity of judges on federal trial and appellate courts. More than half of Biden’s judicial nominees have been women, and five women so far have won confirmation to federal appeals courts.
“Diversity on the bench serves two really important functions,” Koh testified on Wednesday. “One is to just enhance confidence in the justice system. And the second is to reaffirm the American dream—anyone can become a judge. That is a very powerful message to send the world, and to send our own community.”
According to the CKA, Judge Koh currently serves as a federal judge for the Northern District of California. She was nominated for the position by President Obama in 2010 and was confirmed with strong bipartisan support, 90-0. In 2008, Governor Arnold Schwarzenegger appointed her to serve as a California Superior Court Judge for Santa Clara County. Over her career, she has held numerous positions in private practice and in public service.
If confirmed, she would join Judge Jacqueline Nguyen as the second Asian American and Pacific Islander woman to serve on the Ninth Circuit.
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