Senate confirms Dale Ho to Southern District New York court seat

Senate Democrats on Wednesday confirmed Dale Ho to become a district judge for the Southern District of New York, bringing his lengthy nomination journey to a close.

Senators voted 50-49 to put Ho over the top. Sen. Joe Manchin (D-W.Va.) was the lone Democrat to oppose Ho, who serves as director of the American Civil Liberties Union’s Voting Rights Project and has 15 years of civil rights experience. 

For the second day in a row, a GOP absence meant that Vice President Harris was not needed to break a tie as Sen. Tim Scott (R-S.C.) was busy campaigning in Iowa. 

Ho’s nomination had been stalled for years to the point that President Biden had to renominate him for the position in January. The Senate Judiciary Committee greenlighted him in early February along party lines, with top Republicans making clear their opposition to his nomination. 

“Let me be absolutely clear. Senate Republicans will not participate in rubber stamping radical nominees,” Senate Minority Leader Mitch McConnell (R-Ky.) said on the floor last week, calling on the GOP to vote against him and other “unfit” nominees Biden has sent to the upper chamber. 

Ho’s confirmation vote was delayed last week as Democrats were experiencing absences that forced them to shift gears. Sen. Patty Murray (D-Wash.) was sidelined all of last week with a sinus infection but returned to the Capitol on Monday. 

Manchin announced his opposition earlier Wednesday, pointing to past comments and tweets Ho has described as “overheated rhetoric.” 

“Mr. Ho’s prior inflammatory statements make me doubt whether he can be impartial when interpreting the Constitution,” Manchin said in a statement. “Hateful words and partisanship should never be characteristics of someone on a federal bench and, for this reason, I have voted against Mr. Ho’s nomination.”