By Bradford G. Low
Photo courtesy of Asian American Bar Association of the Greater Bay Area
Who is magistrate judge Edward Chen? Reading John Diaz’s “The smearing of a loyal American” in Sunday’s Chronicle has guaranteed my continued patronage for San Francisco’s Sunday edition for at least another month and a half. The issues addressed by Mr. Diaz kindled my curiosity for U.S. magistrate Edward Chen. And as I sit here scouring the world wide web for more information about this dear friend to the Asian American community, I seem to have stumbled upon a different side of Mr. Chen.
Among the most common search results retrieved from Google were posts from strong conservative sources calling Mr. Chen “Obama’s newest racemongering judge.” According to Warner Todd Huston of RenewAmerica.com, Chen’s “main influence on his judicial philosophy is an inordinate fear of racism.” In deducing his final opinion about magistrate Chen Huston uses an excerpt from Chen’s 2005 speech at UC Hastings when he describes his “feelings of ambivalence and cynicism when confronted with appeals to patriotism — sometimes I cannot help but feel that there are too much [sic] injustice and too many inequalities that prevent far too many Americans from enjoying the beauty extolled in [the song “American the Beautiful”].” Yes, reading this small excerpt would lead one to believe that Chen is paranoid with eyes set on a minority crusade against racial “injustices.” I also had no trouble finding another article posted FireAndreaMitchell.com citing this same quote from Chen and concluding that he is “another left wing radical” and an “America hating nutjob.”
Ok, so maybe scouring the web for reliable sources means staying away from anything overtly left or right. Well then what about a simple biography of Mr. Chen posted on the Asian American Bar Association website. Surely that’d give me an interpretation of Chen that’s the least bit flattering. Korematsu v. US: making Chen an instant classic within the Asian American community. Yick Wo v. Hopkins, “striking down discrimnatory laundry ordinances in San Francisco”: that strikes a cord with me, as my family had been involved with San Francisco laundry business four generations prior to myself. Lau v. Nichols, “mandating biligual education program”: I can’t begin to imagine what great, new opportunities this case must have brought to immigrants, not only for Asians, but also to those for our Spanish-speaking neighbors to the south. What an incredible track record for magistrate Chen. What an able professional with such heart and desire to stand up for his people, to stand up for what is just and right. Helping to create the American dream in our land of opportunity for those who came here and were initially DENIED, along with being nominated by President Obama as the first Asian American federal judge in Northern California: that’s legendary status, my friend.
But hold on; his official bio on the Asian American Bar Association website also states that he “successfully represented a chapter leader of the Ku Klux Klan from Modesto in a case involving First Amendment issues.” WHAT?! Aren’t they the bad guys? What does this mean? The article goes on to read “- he and the client did not stay in touch after the case ended,” but so what? Is the Asian American Bar Association trying to help Chen save face by observing that this matter was simply business? Maybe not. What if he successfully represented that KKK member just because he loves this country and its institutional foundations? I’m sure he spites the KKK as much as any other US minority would for their long and current history of dastardly hate crimes, but it is quite possible that Chen successfully took this case in hopes that those who disparage diversity in our country might learn from his bold and just example. From Korematsu v. US, Yick Wo v. Hopkins, and his other groundbreaking cases for our minority community, it is apparent that Mr. Chen is full of integrity fighting for what he believes in. He believes in United States justice system and has dedicated his life to serving it; to serving us, the people of the United States of America no matter who we are. But who am I to say? Only Mr. Chen can confirm this stance.
After reading the Diaz article again, it seems to me that strong right wing critics have taken magistrate Chen’s words out of context. Having read more of the actual speech, and knowing a little about Chen’s career, makes it possible for Chen to be cast in a more positive light. Knowing that “annual hate crimes against Muslims increased 1,600 percent – to 481 attacks nationwide – in 2001,” according to Diaz, I would also be afraid of what my countrymen (American, of course) might try doing to me if China were to declare war on the United States. Yes, I agree with Diaz that “Chen’s concern was neither irrational nor radical.” Magistrate Chen was only being realistic. Who is magistrate judge Edward Chen? Succinctly: a loyal American.
Bradford G. Low is a media and communications intern at the Asian Law Caucus; he is a graduate of the University of San Francisco with a BA in United States History and would opt not to reside in the California Governor’s Mansion, if elected.
Judge Chen is a consummate American. While I disagree with many of the positions he has taken with the ACLU, I find that I do agree with premise under which he has defended his clients (i.e our Constitutional Rights).
I have had hearings with Judge Chen presiding over a number of matters. There are times when I go home and pound my fists over — believe it or not — a number of swaddling Pro-Executive-Branch orders. However, there are far more instances when I count my blessings that our court system and Judge Chen are fair and on the whole, unbiased. In sum, I believe Judge Chen to be best of what our American Justice system has to offer, and it’s not because he’s Asian.
Rather, Judge Chen has an open mind and a deep understanding of what it takes to preserve a working democracy. Empathy? Yes, that too. But I have never taken the belief that empathy and the law were ever at odds with each other.
Judge Ed Chen has been an exemplary magistrate judge over the last decade, and his work for the ACLU demonstrates his commitment to American values.