Nicole Berner, Longtime Union Lawyer, Confirmed As Federal Judge

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Nicole Berner, Longtime Union Lawyer, Confirmed As Federal Judge
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Jennifer Bendery is a senior politics reporter for HuffPost. She has covered Congress and the White House for HuffPost since April 2011. She previously reported on Congress for four years for Roll Call, a Capitol Hill newspaper, and spent four years covering the Texas Legislature for GalleryWatch in Austin, TX.

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.voted for her — not even the two GOP senators who identify as pro-choice, Susan Collins of Maine and Lisa Murkowski of Alaska.Berner is general counsel for Service Employees International Union, the labor union that represents nearly 2 million workers.

“As recently as 2005 or so, was considered the most ideologically conservative appeals court in the nation,” said Tobias. “Indeed, the court has become more centrist and even progressive on certain issues, thanks substantially to George W. Bush’s inability to fill several vacancies on the court in 2007-2008, after Democrats won a Senate majority in 2006, and Obama’s ability to fill the openings with rather progressive appointees.

Any appeals of federal lawsuits relating to abortion rights in North Carolina, South Carolina or West Virginia will end up before the court that Berner now sits on. Each of these states has, if not outright bans, on access to abortion. If Berner is randomly assigned to any these potential cases, she brings the expertise of someone familiar with legal fights over women’s reproductive rights.

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