The SEIU is known for its illegal actions, which makes one wonder about its legal counsel. As of March 19, 2024, the SEIU is having to find a new one, as the lawyer for so many of their illegal actions is now the U.S. Court of Appeals for the Fourth Circuit. Think about that for a minute, in this series, there have been many proven illegal acts by the union, which means that their counsel has had to defend this. Nicole Berner, the woman who was their counsel, is now a federal judge who will have the ability to shape how the law is interpreted.
Nicole Berner
Here, via Influence Watch, is who Nicole Berner is.
Berner received her bachelor’s degree in Women’s Studies from the University of California Berkeley.3 After completing her undergraduate degree, Berner remained at Berkeley where she received her law degree alongside a master’s degree in public policy.
Immediately after college, Berner served as a clerk to Judge Betty Binns Fletcher on the United States Court of Appeals Ninth Circuit and for Judge Thelton E. Henderson on the U.S District Court for the Northern District of California.
Berner is the same-sex spouse of Ruti Berner-Kadish, the Israel-born director of foundation relations for the New Israel Fund (an American liberal organization that funds left-of-center activism in Israel); the couple have three children. With support from organizations funded by NIF, the couple sued to have the Israeli government recognize same-sex parents on official documentation.
Prior to her work with the SEIU, Berner served as a staff attorney at Planned Parenthood Federation of America, working on cases across the United States and lobbying on Capitol Hill to expand abortion access. Berner continues to serve on the board of several left-of-center legal advocacy organizations, including the American Constitution Society for Law and Policy (ACS) and the National Partnership for Women and Families (NPWF).
Berner is currently a partner at James & Hoffman, where she serves as general counsel for the SEIU. Prior to her tenure as general counsel, Berner served as SEIU in-house counsel from 2006-2017. Berner advises SEIU organizing campaigns and assists in bargaining with nationwide employers. Berner has had success in pushing left-of-center labor policies, supporting the SEIU’s pressure campaign to create the “New York Fast Food Wage Board” to establish a $15 per hour wage mandate and leading the union’s challenge to Pennsylvania’s voter identification requirement.
Fourth Circuit
The Fourth Circuit handles the appeals of Virginia, West Virginia, North Carolina, South Carolina, and Maryland. They are not the most influential appeals court, but they still handle many cases for important areas of the nation, though rarely need to have their rulings published. The court is centered in Richmond, VA, and is known for the judges coming off the bench to shake hands with the lawyers after oral arguments.
Berner seems to be the sort of person who will try to remake the nation from the bench, not even caring what is said in the Constitution. She has shown her priority is the SEIU over justice and common sense. This woman being on the bench, even the fourth, means that the nation will go more toward illegality over anything else.
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