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Nicole Berner
Judge of the United States Court of Appeals for the Fourth Circuit
Incumbent
Assumed office
March 19, 2024
Appointed byJoe Biden
Preceded byDiana Gribbon Motz
Personal details
Born1965 (age 58–59)
Woking, United Kingdom
SpouseDebra Katz
EducationUniversity of California, Berkeley (BA, JD, MPP)
Known forBerner-Kadish v. Minister of Interior

Nicole Gina Berner (born 1965)[1] is an American-Israeli lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Fourth Circuit. She served as general counsel for the Service Employees International Union (SEIU) from 2017 to 2024 and a partner at the law firm of James & Hoffman.[2]

Early life and education

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Berner was born in Woking, Surrey, England to American parents.[3] During her childhood, her family moved to the United States, settling in Oakland, California.[4] She earned a Bachelor of Arts degree in women's studies from the University of California, Berkeley.[2] During her studies, she spent a semester in Israel studying at the University of Haifa, and decided to move there. After completing her degree, she moved to Israel. In 1990 in Tel Aviv, she founded the Bat Adam organization, an advocacy group for victims of sexual assault and domestic violence.[4][5]

Berner returned to the United States in 1992 to attend Berkeley School of Law at the University of California, Berkeley.[4] She completed a Juris Doctor from Berkeley School of Law and a Master of Public Policy from the Goldman School of Public Policy at the University of California, Berkeley.[6]

Berner-Kadish v. Minister of Interior

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In 2000, as a dual American-Israeli citizen, represented by the Association for Civil Rights in Israel, Berner and her then-wife Ruti Kadish prevailed in a landmark civil rights case before the Israeli Supreme Court.[7][6][8] Berner had legally adopted their son in California, but when the family moved to Israel, attempts to register their son with two mothers were refused by the Ministry of Interior in Israel.[7][9][10][11] The subsequent legal case, Berner-Kadish v. Minister of Interior, challenged the refusal to register Kadish and Berner's second parent adoption of their son. The Israel Supreme Court ruled that the Ministry of Interior must register the adoption decree, accepting legally that the child has two mothers.[7][12][13]

Career

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From 1996 to 1997, Berner worked as a clerk for Judge Betty Binns Fletcher of the United States Court of Appeals for the Ninth Circuit, and from 1997 to 1998, she worked as a law clerk for Chief Judge Thelton Henderson of the United States District Court for the Northern District of California.[6][14] She was a visiting attorney at Yigal Arnon & Co. in Israel from 1999 until 2000, and was a litigation associate at Jenner & Block from 2000 through 2004.[14]

From 2004 to 2006, Berner worked as a staff attorney at Planned Parenthood.[15]

Berner joined the SEIU's legal department as in-house counsel in 2006 and was named general counsel in 2017.[14][16] Her work with the SEIU has included legal efforts to support the Affordable Care Act, to oppose the Defense of Marriage Act, and to oppose an effort to end the Deferred Action for Childhood Arrivals (DACA) program during the Trump administration.[6][17] She was the lead attorney on the amicus curiae brief filed on behalf of the SEIU in California v. Texas.[8][18] She was also involved with the Fight for $15 movement.[8]

In 2019, liberal group Demand Justice included Berner on their list of suggested Supreme Court nominees for any future Democratic president.[19] In 2023, Berner was named an adjunct professor of law at Vanderbilt Law School.[20]

Berner is an elected member of the American Law Institute.[21][22] She is a fellow of the American Bar Foundation[21] and the College of Labor and Employment Lawyers.[23]

Federal judicial service

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Berner at her Senate Judiciary Hearing

On November 15, 2023, President Joe Biden announced his intent to nominate Berner to serve as a United States circuit judge for the United States Court of Appeals for the Fourth Circuit.[14][6] On November 27, 2023, her nomination was sent to the Senate. President Biden nominated Berner to the seat vacated by Judge Diana Gribbon Motz, who assumed senior status on September 30, 2022.[24] On December 13, 2023, a hearing on her nomination was held before the Senate Judiciary Committee.[25] During her confirmation hearing, she answered questions, including about her work as general counsel for the SEIU.[26][27][28] On January 3, 2024, her nomination was returned to the president under Rule XXXI, Paragraph 6 of the United States Senate[29] and she was renominated on January 8, 2024.[30] On January 18, 2024, her nomination was reported out of committee by an 11–10 party-line vote.[31][32] On March 14, 2024, the Senate invoked cloture on her nomination by a 48–40 vote, with Senator Joe Manchin voting against the motion.[33] On March 19, 2024, her nomination was confirmed by a 50–47 vote, with Senator Manchin voting against confirmation.[34][35] She received her judicial commission the same day.[36] Berner is the first openly LGBTQ judge to serve on that court.[37]

Personal life

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Berner is a resident of Montgomery County, residing in Takoma Park, Maryland, where she and her former wife raised their three sons.[38][39] She is married to civil rights attorney Debra Katz.[40]

See also

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References

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  1. ^ "Questionnaire for Judicial Nominees" (PDF). United States Senate Committee on the Judiciary. Retrieved December 13, 2023.
  2. ^ a b "Nicole G. Berner". James & Hoffman, P.C. Retrieved November 14, 2023.
  3. ^ "Meet the Berner-Kadish Family". New Israel Fund. June 11, 2015. Retrieved November 28, 2023.
  4. ^ a b c Goldsmith, Aleza (June 2, 2000). "Top court in Israel rules ex-Berkeley lesbians are moms". J. The Jewish News of Northern California. Retrieved November 28, 2023.
  5. ^ First Israeli American confirmed as U.S. federal judge
  6. ^ a b c d e Weiner, Rachel (November 18, 2023). "Biden nominates labor lawyer Nicole Berner to 4th Circuit". Washington Post. Retrieved November 28, 2023.
  7. ^ a b c Sontag, Deborah (June 4, 2000). "Matan Has Two Mommies, and Israel Is Talking". The New York Times. Retrieved November 14, 2023.
  8. ^ a b c Kullgren, Ian (November 16, 2023). "Biden's Planned Fourth Circuit Pick Is Steadfast Union Ally". Bloomberg Law. Retrieved November 28, 2023.
  9. ^ Segal, Naomi (June 1, 2000). "Court lets lesbian couple be co-moms". Jewish Telegraphic Agency. Retrieved November 28, 2023.
  10. ^ Agigian, Amy (2004). Baby steps : how lesbian alternative insemination is changing the world. Internet Archive. Middletown, Conn. : Wesleyan University Press. pp. 85–86. ISBN 978-0-8195-6629-4.
  11. ^ Minot, Leslie Ann; Long, Scott; International Gay and Lesbian Human Rights Commission (2000). Conceiving parenthood : parenting and the rights of lesbian, gay, bisexual, and transgender people and their children. San Francisco, Calif. : International Gay and Lesbian Human Rights Commission. pp. 164–165.
  12. ^ Izenberg, Dan (December 9, 2007). "High Court: Recognize lesbian parents". The Jerusalem Post | JPost.com. Retrieved November 14, 2023.
  13. ^ "Israels lesbian mothers contributing to the gaybe boom". J. The Jewish News of Northern California. September 14, 2001. Retrieved November 28, 2023.
  14. ^ a b c d "President Biden Names Forty-Second Round of Judicial Nominees" (Press release). Washington, D.C.: The White House. November 15, 2023. Retrieved November 15, 2023. Public Domain This article incorporates text from this source, which is in the public domain.
  15. ^ "Biden's Latest Picks Include Top Labor Atty For 4th Circ. - Law360". www.law360.com. LexisNexis.
  16. ^ "SEIU Appoints New General Counsel". news.bloomberglaw.com. Retrieved November 14, 2023.
  17. ^ "BRIEF OF SERVICE EMPLOYEES INTERNATIONAL UNION, AMERICAN FEDERATION OF TEACHERS, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COMMUNICATIONS WORKERS OF AMERICA, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, AND UNITED FARM WORKERS OF AMERICA AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS" (PDF). cdn.ca9.uscourts.gov. March 20, 2018. Retrieved November 28, 2023.
  18. ^ "BRIEF OF AMICI CURIAE SERVICE EMPLOYEES INTERNATIONAL UNION, MARILYN RALAT-ABERNAS, R.N., MARCUS SANDLING, M.D., ET AL., IN SUPPORT OF PETITIONERS IN NO. 19-840 AND CROSS-RESPONDENTS IN NO. 19-1019" (PDF). www.supremecourt.gov. May 13, 2020. Retrieved November 28, 2023.
  19. ^ Kim, Seung Min (October 15, 2019). "Democratic presidential candidates come under pressure to release Supreme Court picks". Washington Post. ISSN 0190-8286. Retrieved November 27, 2023.
  20. ^ "Biography". Vanderbilt University. Retrieved November 14, 2023.
  21. ^ a b "Ten Fellows Named New Members of American Law Institute". American Bar Foundation. August 21, 2023. Retrieved November 14, 2023.
  22. ^ "Members Elected July 2023". American Law Institute. Retrieved November 28, 2023.
  23. ^ "CURRENT FELLOWS – CLEL". theclel.org. The College of Labor and Employment Lawyers. Retrieved November 28, 2023.
  24. ^ "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. November 27, 2023.
  25. ^ "Nominations". Washington, D.C.: United States Senate Committee on the Judiciary. December 12, 2023.
  26. ^ Weiner, Rachel (December 14, 2023). "Republicans grill 4th Circuit nominee on Justice Kavanaugh, 'right to work'". The Washington Post. Retrieved January 8, 2024.
  27. ^ Weiss, Benjamin S. "Bipartisanship still on the table as Senate considers more judicial nominees". Courthouse News. Retrieved December 13, 2023.
  28. ^ Headley, Tiana. "Judiciary Republicans Prod Muslim Circuit Pick on Terrorism (1)". Bloomberg Law. Retrieved December 13, 2023.
  29. ^ "PN1156 — Nicole G. Berner — The Judiciary". November 27, 2023. Retrieved January 8, 2024.
  30. ^ "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. January 8, 2024.
  31. ^ "Results of Executive Business Meeting – January 18, 2024" (PDF). United States Senate Committee on the Judiciary. Retrieved January 19, 2024.
  32. ^ "Senate Judiciary Committee Advances Twenty Judicial Nominations, One Executive Nomination to the Full Senate" (Press release). United States Senate Judiciary Committee. January 18, 2024. Retrieved January 18, 2024.
  33. ^ "On the Cloture Motion (Motion to Invoke Cloture: Nicole G. Berner to be U.S. Circuit Judge for the Fourth Circuit)". United States Senate. March 14, 2024. Retrieved March 14, 2024.
  34. ^ "On the Nomination (Confirmation: Nicole G. Berner, of Maryland, to be United States Circuit Judge for the Fourth Circuit)". United States Senate. March 19, 2024. Retrieved March 19, 2024.
  35. ^ Raymond, Nate. "US Senate confirms LGBTQ labor lawyer to seat on appeals court". Reuters. Retrieved March 19, 2024.
  36. ^ Nicole Berner at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
  37. ^ Weissert, Bill (November 15, 2023). "Biden announces 5 federal judicial nominees and stresses their varied professional backgrounds". AP News. Retrieved November 15, 2023.
  38. ^ "Cardin, Van Hollen Praise Biden Nominee Nicole Berner for U.S. Court of Appeals for 4th Circuit Maryland Seat". U.S. Senator Ben Cardin.
  39. ^ Barker, Jeff (November 15, 2023). "Biden nominates Marylander to 4th US Circuit Court of Appeals, would be first openly LGBTQ member on that court". Baltimore Sun. Retrieved November 15, 2023.
  40. ^ Raymond, Nate (November 15, 2023). "Biden nominates union lawyer, Muslim American to U.S. appeals courts". Reuters. Retrieved November 15, 2023.
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Legal offices
Preceded by Judge of the United States Court of Appeals for the Fourth Circuit
2024–present 		Incumbent
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