In 2019, Ho was one of five ACLU lawyers featured in the documentary The Fight, produced by actress Kerry Washington, which followed his preparation, oral argument, and reaction in the United States Supreme Court proceedings around Department of Commerce v. New York.[8]
In Trump v. New York (2020), the ACLU unsuccessfully challenged the Trump administration's plan to exclude illegal immigrants from the congressional apportionment process.[7]
On December 1, 2021, a hearing on his nomination was held before the Senate Judiciary Committee.[17] 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, Mike Lee, and Tom Cotton.[18] 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."[19] A resurfaced video from 2018 showed Ho calling the U.S. Senate and the Electoral College "undemocratic" and arguing that voting should be made easier and that people with criminal convictions should not lose the right to vote.[20] 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;[21] in response, progressive group Demand Justice launched a six-figure ad campaign in support of Ho.[22]
On January 3, 2022, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[23] he was renominated the same day.[24] On January 20, 2022, the committee failed to report his nomination by an 11–11 vote.[25] On June 14, 2023, the Senate invoked cloture on his nomination by a 50–49 vote.[26] Senator Joe Manchin 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."[27][28] Later that same day, his nomination was confirmed by a 50–49 vote.[29][30][31] Ho is only the second ACLU lawyer to be confirmed directly to the federal bench as an Article III judge after Ruth Bader Ginsburg.[32] He received his judicial commission on August 18, 2023.[33]
^"Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. September 30, 2021. This article incorporates text from this source, which is in the public domain.
.jpg)
