The League of Conservation Voters (LCV) sent the below letter to the Senate to urge Congress to confirm Nicole Berner to the United States Court of Appeals for the Fourth Circuit.

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March 5, 2024

United States Senate
Washington, DC 20510

Re:  Please Confirm Nicole Berner to the United States Court of Appeals for the Fourth Circuit

Dear Senator,

The League of Conservation Voters (LCV) believes that to address climate change, protect our democracy, and deliver environmental justice, we need highly qualified, ethical, personally and professionally diverse judges committed to the rule of law and to equal justice for all. Each year, LCV publishes the National Environmental Scorecard, detailing the voting records of members of Congress on environmental legislation.

We urge you to vote YES on the nomination of Nicole Berner to the United States Court of Appeals for the Fourth Circuit. A distinguished public-interest litigator across multiple issue areas, Berner has a long record demonstrating both her outstanding professional qualifications and her commitment to justice for all. She should be confirmed without further delay.

Berner has over twenty years of high-stakes litigation experience at both trial and appellate levels, in both federal and state courts, across numerous critical areas of public interest. Her commitment to equal justice for all pervades her distinguished career. As General Counsel of the Service Employees International Union (SEIU), she is one of the nation’s leading labor lawyers. In her former capacity as a staff attorney for Planned Parenthood Federation of America, she worked to safeguard access to reproductive rights and healthcare. Her docket has included cases on voting rights, civil rights, antitrust, immigration, and constitutional law, as well as working pro bono for children in abuse and neglect cases. She has been a leader for LGBTQ+ rights in both the United States and Israel. Her experience in private practice includes complex international transactions and civil litigation.

After earning her law degree and a Masters in Public Policy, Berner served as a clerk to Judge Thelton Henderson of the U.S. District Court for the Northern District of California and Judge Betty Binns Fletcher of the U.S. Court of Appeals for the Ninth Circuit. If confirmed, she would be the first openly LGBTQ+ judge ever appointed to the Fourth Circuit.

For all these reasons, LCV strongly urges you to vote YES on Nicole Berner’s nomination to the United States Court of Appeals for the Fourth Circuit. We will strongly consider including votes on this nomination in our next Scorecard. If you would like more information, please reach out to a member of our government relations team.

Sincerely,

Gene Karpinski
President