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 court 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.Berner, who previously worked as general counsel for the Service Employees International Union and a lawyer for Planned Parenthood, was confirmed in 50-47 vote.
The 4th Circuit covers Maryland, North Carolina, South Carolina, Virginia and West Virginia. “A more diverse bench will better reflect the population that the judges serve as well as better inform judicial decision-making,” Sen. Ben Cardin said on the Senate floor before the vote.There are only two other lesbian federal appellate judges in the country, and only a handful of federal judges from the labor movement.
“I believe Justice Kavanaugh, just like every other justice of the Supreme Court, was legitimately confirmed, and were I to be confirmed, I would follow his opinions and the opinions of every justice,” she said. “The role of a judge is a very different role than that of an advocate.”Three Republican senators were not present, 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.
“In my experience, lawyers who have represented ordinary Americans — whether that’s in workers’ rights cases or personal injury cases — are more likely to make sure ordinary people aren’t going to have the courthouse door slammed in their faces,” he said. “They understand what it means for those folks to be looking for justice.”
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