Biden nominates Md. resident who would be first openly LGBTQ judge on 4th Circuit

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President Joe Biden on Wednesday nominated Nicole Berner, a Maryland resident and the general counsel of the Service Employees International Union, for the 4th Circuit Court of Appeals.

If confirmed by the Senate, Berner would be that court’s first openly LGBTQ judge.

As general counsel of the Service Employees International Union, Berner oversees litigation on behalf of the union and its nearly two million members in cases involving health care, immigration, LGBTQ and voting rights, and has represented civil rights and civil liberties matters before federal district courts, circuit courts of appeal and the U.S. Supreme Court.

Berner served as counsel on the union’s amicus brief before the U.S. Supreme Court in a successful defense to the Affordable Care Act and drafted the labor movement briefs in the case that overturned the Defense of Marriage Act.

Biden announced five nominees to federal judgeships, including the first Muslim-American on any circuit court, looking to add to more than 150 of his judicial selections who have already been confirmed to the bench.

The announcements by the Democratic president are part of the White House’s push to nominate diverse judges, especially those from a wide variety of professional backgrounds, and to do so even in states with Republican senators.

Sen. Chris Van Hollen, D-Maryland, who recommended Berner’s nomination to Biden, praised the selection.

“Throughout her career, Nicole Berner has provided outstanding legal representation to advance the rights of working families and historically underrepresented communities—demonstrating her commitment to delivering equal justice to all,” Van Hollen said in a statement. “Her diverse legal experience shows that she is dedicated to the rule of law, fairness, and the principles of democracy.”

Sen. Ben Cardin, D-Maryland, who also recommended Berner’s nomination to Biden, expressed confidence in her ability to “uphold the judicial oath to ‘do equal right to the poor and to the rich.’ ”

“Nicole Berner has been fighting for civil rights and worker rights throughout her career and we are excited to have her bring this experience and deep knowledge of the law to the federal bench in Maryland,” Cardin said in a statement.

Sheila Katz, CEO of the National Council of Jewish Women, described Berner as “an outstanding candidate with a demonstrated commitment to equal justice.”

“Without question, Nicole Berner would bring to the court an unyielding ability to ensure that everyone would be treated with fairness, dignity and respect,” Katz said.

Previously, Berner worked as a staff attorney at Planned Parenthood Association of America, where she litigated reproductive rights cases nationwide.

Adeel Mangi, Biden’s nominee for the 3rd Circuit Court of Appeals, would be the first Muslim-American circuit court judge if confirmed.

Biden nominated Judge Cristal Brisco, who would be the first Black woman and the first woman of color to serve as U.S. District Court judge in the Northern District of Indiana. He also nominated Judge Gretchen Lund, who has served on the bench for 15 years, for that district, which has multiple vacancies.

Judge Amy Baggio, a former assistant federal public defender, was the president’s nominee for the District of Oregon.

White House counsel Ed Siskel noted that the nominees include “four women, two nominees from a state represented by Senate Republicans, and three historic first nominees.”

They continue “the president’s drive to bring professional and demographic diversity to the federal judiciary, and his commitment to working with senators on both sides of the aisle,” Siskel said in a statement.

The White House said Biden has ”set records when it comes to professional diversity, appointing more civil rights lawyers and public defenders than any previous president.”

Biden has appointed 154 life-tenured judicial nominees who have been confirmed by the Senate. Of those, the White House says that two-thirds are women and two-thirds are people of color, including Supreme Court Justice Ketanji Brown Jackson, the high court’s first Black female justice.

The White House says that it is just getting started and that more judicial appointments are in the works. But the process of moving nominations through the Senate — even one controlled by Democrats — is slow enough that Biden may struggle to match in four years the 230-plus judges appointed to the federal bench by his Republican predecessor, Donald Trump.

Trump, who lost to Biden in 2020 and has built a commanding early lead in the 2024 Republican presidential primary, also appointed three justices to the Supreme Court compared with Biden’s one.

The Associated Press contributed to this story.