Nicole Berner, Longtime Union Lawyer, Confirmed As Federal Judge

WASHINGTON — The Senate voted Tuesday to confirm Nicole Berner as a federal judge, putting the longtime union lawyer and former Planned Parenthood litigator into a lifetime seat on the U.S. Court of Appeals for the 4th Circuit.

The final vote was 50 to 47. No Republicans voted for her — not even the two who identify as pro-choice, Sens. Susan Collins of Maine and Lisa Murkowski of Alaska. One Democrat voted no: Sen. Joe Manchin of West Virginia.

Berner is general counsel for Service Employees International Union, the labor union that represents nearly 2 million workers. She’s worked in some legal capacity for SEIU since 2006. She was also previously a staff attorney for Planned Parenthood from 2004 to 2006.

The 59-year-old is also a partner at the D.C.-based law firm James & Hoffman.

Berner’s work at SEIU has included filing amicus briefs in Supreme Court cases that protected the Affordable Care Act, overturned the Defense of Marriage Act and, later, led to full marriage equality. She was the lead attorney on a 2018 amicus briefopposing a Donald Trump administration effort to end the Deferred Action for Childhood Arrivals program, and has been part of the Fight for $15 campaignto raise local and state minimum wages.

During her time at Planned Parenthood, she litigated casesaimed at protecting medication abortion in Ohio, defending young people’s access to abortion in Missouri and increasing women’s abortion access in New Mexico.

Berner’s confirmation is a big win for progressives. At least one progressive judicial advocacy group, Demand Justice, previously proposed her as a Supreme Court nominee for President Joe Biden.

Her confirmation is also a victory for anyone who cares about making the nation’s federal judges