Nicole Berner

Fourth Circuit
	Court of Appeals
Judgeships
	Posts: 15
	Judges: 15
	Vacancies: 0
Judges
	Chief: Albert Diaz
	Active judges: Steven Agee, DeAndrea G. Benjamin, Nicole Berner, Albert Diaz, Roger Gregory, Pamela Harris, Toby Heytens, Allison Jones Rushing, Robert King, Paul Niemeyer, A. Marvin Quattlebaum Jr., Julius Richardson, Stephanie Thacker, J. Harvie Wilkinson, James Wynn; Senior judges:; Henry Floyd, Barbara Keenan, Diana Motz, William Traxler

Nomination Tracker
Nominee Information
	Name: Nicole Berner
	Court: United States Court of Appeals for the Fourth Circuit
Progress
	Confirmed 113 days after nomination.
	Nominated: November 27, 2023
	ABA Rating: Well Qualified
	Questionnaire: Questionnaire
	Hearing: December 13, 2023
	Hearing Transcript: Hearing Transcript
	QFRs: (Hover over QFRs to read more)
	Reported: January 18, 2023
	Confirmed: March 19, 2024
	Vote: 50-47

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Nicole Berner is a judge on the United States Court of Appeals for the Fourth Circuit. She was nominated to the court by President Joe Biden (D) on November 27, 2023, and confirmed by the United States Senate on March 19, 2024, by a vote of 50-47.^[1]^[2]^[3]^[4]

The United States Court of Appeals for the Fourth Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts. To learn more about the court, click here.

Prior to joining the court, Berner was general counsel to the Service Employees International Union.^[5]

Judicial nominations and appointments

United States Court of Appeals for the Fourth Circuit (2024-present)

See also: Federal judges nominated by Joe Biden

On November 27, 2023, President Joe Biden (D) nominated Berner to the United States Court of Appeals for the Fourth Circuit.^[3] Berner received commission on March 19, 2024.^[4] To read more about the federal nominations process, click here.

Confirmation vote

The U.S. Senate confirmed Berner by a vote of 50-47 on March 19, 2024.^[1] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Berner confirmation vote (March 19, 2024)
Party	Yea	Nay	No vote
Democratic	47	1	0
Republican	0	46	3
Independent	3	0	0
Total	50^[6]	47	3

Senate Judiciary Committee hearing

The Senate Judiciary Committee held hearings on Berner's nomination on December 13, 2023. She was reported to the full Senate on January 18, 2023, after an 11-10 committee vote.^[7] Click here for a list of other nominees awaiting a committee vote.

Nomination

On November 15, 2023, President Joe Biden (D) announced his intent to nominate Nicole Berner to the United States Court of Appeals for the Fourth Circuit. On November 27, 2023, President Biden officially nominated Berner. Berner's nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2024.^[8] The president renominated Berner on January 8, 2024.^[1] Click here for a list of other nominees who have been nominated by President Joe Biden.

The American Bar Association (ABA) rated Berner well qualified.^[9] To read more about ABA ratings, click here.

Berner was nominated to replace Judge Diana Motz, who assumed senior status on September 30, 2022.^[10]

Biography

Education

Berner earned a bachelor's degree from the University of California, Berkeley in 1988, a graduate degree from the University of California, Berkeley, Goldman School of Public Policy in 1996 and a law degree from the University of California, Berkeley, School of Law in 1996.^[4]

Professional career

2024-Present: Judge, United States Court of Appeals for the Fourth Circuit
2023-2024: Adjunct professor, Vanderbilt Law School
2006-2024: Service Employees International Union, Washington, D.C.
- 2017-2024: General counsel
- 2014-2017: Deputy general counsel
- 2006-2014: Associate general counsel
2004-2006: Staff attorney, Planned Parenthood Federation of America, Washington, D.C.
2000-2004: Private practice, Washington, D.C.
1999-2000: Private practice, Jerusalem, Israel
1997-1998: Law clerk, United States District Court for the Northern District of California
1996-1997: Law clerk, United States Court of Appeals for the Ninth Circuit^[4]

About the court

The United States Court of Appeals for the Fourth Circuit is a federal appellate court with appellate jurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States.

Appeals are heard in the Lewis F. Powell Jr. Federal Courthouse in Richmond, Virginia. The Fourth Circuit has appellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by the Fourth Circuit Court of Appeals are petitioned to the Supreme Court of the United States. Chief Justice John Roberts is the circuit justice for the Fourth Circuit.

The court hears appeals from the United States district courts in:

To read opinions published by this court, click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

The president nominates an individual for a judicial seat.
The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

If approved, the nominee is voted on by the full Senate.
If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

The Senate holds a vote on the candidate.

If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
If the Senate does not confirm the nomination, that nominee does not become a judge.