LGBT judge is the first labor lawyer on the 4th Circuit U.S. Court of Appeals

With her confirmation by the Senate on Tuesday, Nicole Berner became the first openly gay judge and the first labor lawyer on the U.S. Court of Appeals for the 4th Circuit, a judicial panel covering the Mid-Atlantic that over the past decade has gone from one of the most conservative to one of the most liberal in the country.

In a historic move, the U.S. Senate has confirmed Nicole Berner, a prominent attorney and advocate, to serve on the U.S. Court of Appeals for the Fourth Circuit.

Berner’s confirmation marks a significant milestone as she to join this esteemed court.

Berner, who previously served as the general counsel at the Service Employees International Union (SEIU) and worked as an attorney for Planned Parenthood Federation of America, brings a wealth of experience in labor rights, reproductive freedom, and civil rights advocacy to her new role on the Fourth Circuit.

She was confirmed in a 50-47 vote, opposed by all voting Republicans and Democratic Senator Joe Manchin III of West Virginia. Three Republicans—Senators James E. Risch, Lindsey Graham, and Markwayne Mullin—were recorded as not voting, saving Democrats from having to call in Vice President Harris to break a tie as they did on an earlier procedural vote on the nomination.

Upon Berner’s confirmation, U.S. Senate Majority Whip Dick Durbin, who also chairs the Senate Judiciary Committee, commended her qualifications and dedication to justice, stating, “Ms. Berner is a highly experienced litigator who will bring an underrepresented perspective to the bench. She’s a steadfast advocate for workers’ rights, reproductive rights, and civil rights for all.”

Berner’s nomination advanced from the Judiciary Committee in January with an 11-10 vote, showcasing strong support for her appointment among Senate Democrats.

Her confirmation reflects the ongoing efforts to appoint diverse and highly qualified judicial nominees who uphold the principles of fairness and impartiality in the American justice system.

Senators Ben Cardin and Chris Van Hollen, both Democrats from Maryland, expressed their congratulations to Berner on her confirmation. They had recommended her to President Joe Biden to fill the vacancy on the Fourth Circuit, emphasizing her commitment to civil rights and worker rights throughout her career.

In response to Berner’s confirmation, leaders from major labor unions and advocacy groups championing civil rights and equal justice hailed the decision as a step forward in ensuring a fair and inclusive judiciary.

Nicole G. Berner’s impressive legal career includes serving as a law clerk for federal judges and practicing as in-house counsel for prominent organizations. Her confirmation adds to Biden’s legacy of appointing diverse and qualified judges to federal benches across the country.

Reproductive Freedom for All President and CEO Mini Timmaraju praised Berner’s confirmation, highlighting her understanding of reproductive freedom as a fundamental right crucial to protecting individual rights and democracy.

There are only two other lesbian federal appellate judges in the country, and only a handful of federal judges from the labor movement.

“We need to keep up this momentum, because although a supermajority of Americans support unions, way too many judges in this country are advancing corporate interests while chipping away at much-needed worker protections,” said Manny Pastreich, president of the SEIU affiliate 32BJ.

Berner, who lives with her family in Takoma Park, Md., has a law degree and a master’s in public policy from the University of California at Berkeley.

At the SEIU, Berner litigated numerous cases involving worker safety, benefits and organizing abilities, several of which went to the Supreme Court. She also represented the union in broader policy fights.

She was involved in Supreme Court briefs challenging President Donald Trump’s immigration restrictions, saying that many of the workers represented by the union and their families would be in danger of deportation or unable to travel freely under his orders. She likewise threw the union’s weight behind litigation supporting same-sex marriage and the Affordable Care Act.

With Berner’s confirmation, the Senate has now confirmed 186 judges during the Biden administration, reaffirming a commitment to shaping a judiciary that reflects the diversity and values of the American people.

According to historical data, Ronald Reagan holds the record for appointing the highest number of federal judges, followed closely by Bill Clinton. However, the large number of judges appointed by disgraced former President Donald Trump Trump’s appointments is notable due to the polarization surrounding many of his judicial selections.

Many of Trump’s appointees face criticism for their ideological leanings lack of diversity, and concerns about impartiality. Some of those appointees have shifted the balance of the courts towards a more conservative stance, affecting decisions on crucial issues such as reproductive rights, immigration, and civil liberties.