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Floor Speech

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Mr. CARDIN. Mr. President, first, let me thank Senator Van Hollen for his friendship and the way that we have been recommending potential members to the bench, working together, in regards to the Maryland judiciary.

Nicole Berner is an outstanding candidate for the Fourth Circuit, to fill the position vacated by Diana Gribbon Motz.

I just really want to underscore some of the points that Senator Van Hollen said.

Nicole Berner is an extraordinarily qualified candidate to serve on the Fourth Circuit--her experience, which Senator Van Hollen went over in great detail, her understanding of the importance of the independent judicial branch of government and protecting our rights, and her commitment to the values which are the strength of our Nation. Senator Van Hollen went over her qualifications. I am just going to underscore a few of those points.

Ms. Berner serves as general counsel to the Service Employees International Union, SEIU, and she has been in-house counsel since 2006. She served as staff attorney for Planned Parenthood and worked as a litigation associate at a private law firm. She served as a law clerk for a district court judge in California and an appellate court judge in the Ninth Circuit.

She has a record of fighting for working families. She has filed numerous--numerous--amicus briefs before the Supreme Court of the United States as well as circuit and district courts that she has been involved with. She has been a lawyer in hundreds of cases in Federal and State courts, protecting the rights of working families.

So let me just share with you a couple things that really, I think, are outstanding in her background.

First, she is motivated by a desire to ensure full and fair access to the courts for all Americans, regardless of their social status or financial resources. She has consistently advocated for the interests of historically underrepresented communities.

Second, as a skilled appellate lawyer, she has organized legal strategies to bring her clients' voices to the court and tell their story. She seeks to show how their lives will be affected by the outcome of a case.

During the COVID-19 pandemic, she represented frontline workers who literally put their lives and health at risk to do their jobs and keep our economy running when many Americans were told to stay home until the vaccine was developed. Her SEIU clients included workers in the fast-growing occupations of public services, healthcare, home care, childcare, janitorial, and building security. She represented them at that time.

We talk a lot about our frontline workers as being our heroes. Nicole Berner is one of those heroes.

Third, she would bring a unique and diverse perspective to the appellate court. We know that the Fourth Circuit is a particularly diverse circuit and includes the States of Maryland, West Virginia, Virginia, North Carolina, and South Carolina. A more diverse bench will better reflect the population that the judges serve as well as better inform judicial decision making.

Fourth, Ms. Berner brings to the bench both her vast experience as an appellate lawyer and her own personal advocacy as a Jewish woman on so many civil rights issues. Ms. Berner successfully won a long-running case involving her own family at the Israeli Supreme Court--a landmark ruling that required the government to recognize two mothers as the parents of one child.

Fifth, she has received strong endorsements, and Senator Van Hollen pointed out the list of endorsements from very diverse groups, from civil rights to law enforcement.

Let me highlight one of those letters--we received numerous letters-- one of those letters that came from former assistants to the Solicitors General of two different administrations--the Reagan administration and the Clinton administration. The letter is authored by David Frederick and Andrew Pincus.

We have worked with, litigated against, and collaborated on cases with Ms. Berner in the Supreme Court of the United States and federal courts of appeal over more than a decade. Based on that professional experience, we are united in the firm conviction that Ms. Berner is highly qualified to serve on the Fourth Circuit and will be an excellent appellate judge.

Ms. Berner has demonstrated superb skills as a writer, legal analyst, and advocate in the appellate cases in which we have seen her work up close. . . . Her legal training is extensive, including as a law clerk to a distinguished court of appeals judge, an associate in a well-respected law firm, a lawyer in a public interest organization, and general counsel of one of the largest labor unions in the country. Ms. Berner's experience with a wide range of the legal issues that arise in the federal courts, her diverse roles as a lawyer, and her professional expertise, which we have observed firsthand, demonstrate that she will be a first-rate appellate judge.

Just as impressive as Ms. Berner's legal skills are her personal qualities. She is unfailingly polite and measured in her interactions with others, even on highly contentious issues. She listens carefully and thoughtfully with an open mind to new ideas--even those that may not comport with her personal experience--so that she can offer the soundest position in a case. These qualities make us certain that she will transition seamlessly from the role of advocate to the work of a circuit judge. She will understand that serving as a judge requires her to act as a neutral arbiter based on faithful application of the relevant constitutional or statutory text, precedent, and record facts.

I would note that Ms. Berner is a longtime resident of Montgomery County, MD. She has been an active member of her synagogue and community and lives with her wife in Takoma Park, MD. I appreciated the opportunity to meet with Ms. Berner and talk to her about her priorities and her commitment to fully integrate into the vibrant Maryland legal community, including Baltimore.

I also want to join Senator Van Hollen in thanking her family because this truly is a joint sacrifice in public service.

I urge my colleagues to ratify her nomination and vote in favor of her nomination.

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