Summary
The California Supreme Court granted Sei Fujii honorary posthumous membership in the State Bar of California. The court described how race-based federal naturalization restrictions and California bar-admission rules had prevented Fujii, a Japanese immigrant and USC law graduate, from becoming a licensed attorney during his lifetime. The order also recognized his legal challenges to California's Alien Land Law and his contributions to the rule of law.
Topics
Practice areas
Questions Presented
- Whether the California Supreme Court should grant Sei Fujii honorary posthumous membership in the State Bar of California in recognition of his unjust exclusion from the legal profession and his contributions to the rule of law.
Holdings
- The court granted Sei Fujii honorary posthumous membership in the State Bar of California.
Key quotations
“We hereby grant Sei Fujii honorary posthumous membership in the State Bar of California.” (217 Cal. Rptr. 3d at 732)
“This was an injustice that we repudiate today by granting Fujii honorary posthumous membership in the State Bar of California.” (217 Cal. Rptr. 3d at 730)
Factual background
Sei Fujii was born in Japan, immigrated to the United States in 1903, and graduated from the University of Southern California law school in 1911. Because federal naturalization law excluded persons of Asian ancestry and California restricted law practice to persons eligible for citizenship, Fujii was effectively barred from joining the California bar throughout his professional life. He nevertheless litigated challenges to California's Alien Land Law, including the case that ultimately invalidated that law under the Fourteenth Amendment. After federal law permitted Japanese nationals to naturalize in 1952, Fujii became a citizen at age 73 but died 51 days later.
Procedural history
The motion was presented directly to the California Supreme Court. The court reviewed Fujii's historical exclusion from the California bar, his legal work challenging discriminatory laws, and the later invalidation of those restrictions before granting honorary posthumous membership.