Lesbian lawyer Nicole Berner confirmed as federal appeals court judge

Nicole Berner, a lesbian attorney who has represented labor and reproductive rights groups and won a landmark parental rights case in Israel, has been confirmed by the U.S. Senate as the first out LGBTQ+ judge on the U.S. Court of Appeals for the Fourth Circuit.

The Senate confirmed Berner Tuesday by a vote of 50-47, The Washington Post reports. Every Republican who voted opposed her confirmation, as did one Democrat, Joe Manchin of West Virginia.

“A more diverse bench will better reflect the population that the judges serve as well as better inform judicial decision-making,” Democratic Sen. Ben Cardin of Maryland told his colleagues before they voted, according to the Post. Cardin and Maryland’s other U.S. senator, Democrat Chris Van Hollen, had both praised President Joe Biden’s nomination of Berner, who lives in their state.

The Fourth Circuit encompasses Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The court “has gone from one of the most conservative to one of the most liberal in the country” in the last 10 years, the Post notes.

Berner was a staff attorney with Planned Parenthood Federation of America from 2004 to 2006, then held various legal positions with the Service Employees International Union, rising to general counsel in 2017. She is also a partner in James & Hoffman, a labor and employment litigation firm based in Washington, D.C.

She was involved in a landmark case for parental rights for same-sex couples in Israel. While living in the country with her then-wife, Ruti Kadish, in 2000, Berner sued the national government to be recognized as the adoptive mother of Kadish’s biological son, Matan. She succeeded, and Matan became the first child in Israel to be legally recognized as having two mothers.

At Planned Parenthood, she fought against abortion restrictions and for access to the abortion drug mifepristone. She represented SEIU in many cases involving workers’ rights and joined briefs supporting marriage equality and the Affordable Care Act and opposing immigration restrictions imposed by Donald Trump.

“Ms. Berner is a brilliant lawyer who has defended and advanced our civil and human rights, including the rights of working people, reproductive rights, and the rights of LGBTQ people,” said a statement from Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights, which supported Berner’s confirmation. “Her commitment to equal justice is evidenced throughout her life and legal career, and we look forward to her service on the bench.”

In addition to being the first out LGBTQ+ judge on the Fourth Circuit, she is only the third woman from the LGBTQ+ community on any federal appeals court. She is the 11^th LGBTQ+ person appointed to the federal courts by Biden, tying the record set by Presideat Barack Obama. She is also the first Jewish judge on the Fourth Circuit in many years.

“Her confirmation adds crucial lived experience to the court and sends a powerful signal to young LGBTQ lawyers, law students, and other potential future judges that they belong on the federal bench,” Wiley said. “That matters. And it matters because the demographic and professional diversity she brings to the bench is woefully underrepresented on our federal courts and helps to improve judicial decision-making, build public trust, and strengthen our democracy.”

People for the American Way President Svante Myrick released a statement praising Berner’s confirmation as well. “We are overjoyed by today’s confirmation of Nicole Berner, whose brilliance, experience, and commitment to justice will make her a truly outstanding federal judge,” he said.

“Nicole Berner is one of those selfless people whose passion is helping others,” Myrick continued. “As an attorney she represented workers at SEIU and defended reproductive rights at Planned Parenthood. Before she began her law career, she helped establish an organization for Israeli women who suffered violence and led workshops on democracy for Arab and Jewish children. … Her confirmation underscores the importance of continuing to confirm President Biden’s judicial nominees.”