Ashwin Phatak
Asian American and Pacific Islander Heritage Month
Ashwin Phatak is the Principal Deputy Solicitor General at the Office of the Attorney General for the District of Columbia. Prior to this, he served as an Appellate Counsel at the Constitutional Accountability Center (CAC), clerked for Judge Patricia A. Millett on the D.C. Circuit, and Judge Beverly B. Martin on the Eleventh Circuit. Ashwin is also a TAP mentor. We are honored to feature his profile this Asian American and Pacific Islander Heritage Month!
Tell us about your community growing up. Looking back, how did they shape who you are now?
My parents were both born in India and immigrated to the United States before I was born. My community while growing up included other Indian families in Rochester, New York, and I remember attending many cultural and religious events throughout my childhood. This community felt like an extended family in many ways. My parents valued educational excellence and pushed me to do well in school, and that upbringing drives my work ethic to this day. Lawyers, however, were rare among Indian immigrants and almost nonexistent in my community, so I did not have many examples of a successful career in the law.
Describe your journey to law school. What motivated you to apply?
When I began college at Tufts University, I planned to be a doctor and immediately signed up for pre-med classes like biology and math. However, I also sprinkled in classes like philosophy and economics, and much to my (and my parents’) surprise, I found myself drawn to the humanities more than science. I began to think about law school around the end of college. However, my decision to apply crystalized during the two years I spent as a paralegal in the criminal appellate section of the Department of Justice. Watching and learning from some of the best appellate attorneys in the country made me want to follow their path and try to become as skilled a writer and advocate as them.
What was your law school experience like?
I loved my time at Harvard Law School, largely because I threw myself into a wide variety of experiences to get the most out of my three years there. I took classes with professors I admired even if I wasn’t as interested in the subject area. I also challenged myself by participating in the appellate moot court competition and serving as an editor on the Harvard Law Review, where I got published. Finally, I developed an incredible community of friends, many of whom I am still in close touch with today. I’m especially grateful for the many queer friends I met through HLS Lambda, the LGBTQ+ student organization where I served as President my 2L year.
Did you know about appellate work in law school? If not, when and how did it first get on your radar and why were you drawn to it?
I began to experience appellate work during law school. I went back to the Justice Department my 1L summer and helped to write briefs on behalf of the government, and I spent my 2L summer at the law firm Sidley Austin doing appellate work as well. However, the most notable appellate experience during law school was participating in the Ames Moot Court Competition, where I had the privilege of arguing in the finals before both the late Justice Ruth Bader Ginsburg and then-Judge and now-Attorney General Merrick Garland. Not only did that experience solidify my interest in appellate litigation, but I also met some of my best friends in the process. Finally, clerking only confirmed my interest in litigating appeals. I clerked for two incredible appellate judges—Judge Beverly B. Martin and Judge Patricia A. Millett—who taught me (among many other things) the importance of excellent advocacy.
Tell us about one of your appellate cases that you found particularly meaningful.
I recently argued a case in the D.C. Circuit defending the District of Columbia’s large-capacity magazine ban from a Second Amendment challenge. This case pushed me to grapple with difficult questions about the scope of a constitutional right that is currently in flux following the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen. And the case has real implications for District residents who face the threat of gun violence from ever-more-lethal weapons. While arguing this case was one of the most challenging experiences of my professional career to date, I had the benefit of an incredible team at the Office of the Attorney General for the District of Columbia helping me prepare. And it is always a privilege to defend the laws of the District of Columbia, my home for close to 10 years.
How often do you encounter other Asians and/or Pacific Islanders in the appellate field? Why do you think that representation is important?
The number of Asians and Pacific Islanders in the appellate field is small but growing. I think that representation is critical so that the appellate bar represents the diversity of the population it represents. More diversity in courts and among practitioners will only improve access to justice and allow all perspectives to be represented at the highest levels of the legal profession. That is why the work of organizations like The Appellate Project, through which I have been a mentor for five years, is so important.
What advice would you give to a law student of color who aspires to be where you are now?
While there is no “correct” path for an aspiring appellate lawyer, there are a few things I would do as a law student. The first is to discover what area of law and what type of practice makes you passionate and follow that path. It is far more difficult to work hard and achieve your goals if you are not passionate about your work. If that passion is appellate litigation, try to get appellate experiences early and often. The second is to find mentors and other people whose advice you trust to help guide you. These can be professors, employers, classmates, or friends, but having a network of trusted mentors to help you make decisions throughout your career is invaluable. And the third is to be assertive, which is something that can feel difficult as a person of color or a first-generation lawyer. Ask a person you admire to coffee, go to office hours of a professor you have not met before, or take on an opportunity even if you feel incapable or are experiencing imposter syndrome (which we all do from time to time).
What’s one thing law schools and/or the appellate bar can do to ensure our highest courts are representative of all our communities?
Far and away the most important thing that law schools and the appellate bar can do is to provide opportunities for younger attorneys who come from less-well-represented backgrounds or identities. That means not only hiring diverse candidates, but also mentoring them and providing them with critical experiences like brief-writing and court appearances. This will help to develop an entire generation of appellate lawyers that better reflects the diversity of our country and will one day inevitably lead to a more diverse bench.