Before Judge Kasubhai granted a federal injunction against the Department of Homeland Security, the Oregon federal judge visited Lewis & Clark and engaged in a lively discussion with law students about the use of AI in the courts, followed by a dinner on the undergraduate campus hosted by the Center for Spiritual Life and the Muslim Student Association.
Judge Kasubhai is no stranger to making history. He became the first Muslim American to serve as a US federal judge when he started on the federal bench in 2018 as a magistrate judge. Kasubhai was nominated by President Biden in September 2023 and confirmed by the US Senate to become an Article III judge in November 2024. He is now the third Muslim American judge to receive a lifetime appointment, and the first Asian American Article III judge in his district.
Law Professor Tabrez Ebrahim invited the esteemed judge to join his AI & the Law class where students discuss legal issues and policies regarding AI technologies. Judge Kasubhai, an admitted skeptic of the technology, worried about the use of generative AI in the courts. AI tools such as ChatGPT can generate non-existent case law that attorneys may include in their legal briefs or judicial rulings. Students in the law class discussed appropriate uses of the tools and ways in which it can promote efficiency in the initial research phase and brainstorming process. One student suggested using the technology as an opposing party and debating with it to aid in the strategizing process before litigating. Judge Kasubhai and the class both agreed that documents drafted by generative AI should never be submitted to the court without a thorough review by a human and confirmation of all cited sources.
Students from the class were joined by students from the undergraduate college for a dinner with Judge Kasubhai, hosted by the Center for Spiritual Life and the Muslim Student Association. After the dinner, Kasubhai shared his thoughts on the importance of humility. He told a story about a misunderstanding he had as a magistrate with a person who had an intellectual disability. The judge explained that in his role, he has the opportunity to be patient and kind or rude and unfeeling, and recognized that, as a lifetime federal judge, he has power over individuals in his courtroom and that power is often unchecked. Judge Kasubhai chooses to practice humility in his position, aiming to treat every person entering his courtroom with respect. The judge has promoted inclusion in his courts by encouraging parties and counsel to identify their pronouns and speaking in gender neutral terms while presiding.
“Judge Kasubhai was extremely kind and welcoming. It is important to have understanding, empathetic judges like him on the bench,” said Manuel Avalos Robles, a 3L student who works for the Northwest Workers Justice Project.
After his speech, students asked questions about the practice of humility in their careers. One student asked about the interaction between humility and self doubt. “I live with self doubt everyday,” Judge Kasubhai admitted. He explained that self doubt isn’t a feeling to run from, but a common and necessary part of life. He emphasized the importance of working hard in the face of self doubt and encouraged students to do the same.
The morning following, Judge Kasubhai listened to arguments and testimony in a class action suit made up of immigrants based on recent ICE’s arrest and tactics. The case focused on the department’s practice of arresting immigrants they happen to come across while conducting ramped-up enforcement operations. Judge Kasubhai ruled in favor of the plaintiff’s injunction against ICE, preventing the agency from making warrantless arrests in Oregon.
“It was an honor to host Judge Kasubhai while he was in Portland ruling on an important case. We are so lucky to have a prolific federal judge choosing to spend his time inspiring students with his busy schedule,” said Tabrez Ebrahim, Associate Professor at Lewis & Clark Law School.
