Yesterday, in a historic moment for judicial diversity, the U.S. Senate confirmed Mary Kay Costello to serve as a district court judge in the Eastern District of Pennsylvania by a vote of 52-41. Judge Costello, a military veteran, is the 12th openly LGBTQ+ judicial nominee to be confirmed under the Biden administration. This landmark confirmation solidifies President Biden’s record of having more LGBTQ+ judges confirmed than any other president in history.
“We commend President Biden’s commitment to diversifying the federal judiciary, which has resulted in the confirmation of more Black women to appellate courts than all previous administrations combined, including the historic appointment of the first Black woman to the Supreme Court,” said Kristine Kippins, Deputy Legal Director for Policy at Lambda Legal. “America’s courts are most effective when composed of individuals with varied backgrounds, experiences, and legal expertise, which strengthens the judiciary’s ability to deliver fair and balanced justice.”
“This confirmation is a significant milestone, underscoring President Biden’s commitment to diversifying the federal judiciary to better represent the people who use federal courts across the country,” said Ethan Rice, Senior Attorney for the Fair Courts Project at Lambda Legal. “While we celebrate this momentous occasion, there is still time before the end of President Biden’s term to further expand LGBTQ+ representation by nominating judges from underrepresented communities, particularly transgender, nonbinary, intersex and bisexual attorneys and attorneys living with HIV, none of whom are currently serving on the federal bench.”
Lambda Legal’s latest report provides a comprehensive analysis of federal judicial nominations during President Biden’s third year in office. The report includes urgent recommendations for both the Biden administration and the Senate, emphasizing the need to fill every remaining vacancy in the federal judiciary with a focus on both professional and personal diversity.
As the administration moves forward, we urge the White House to choose nominees to fill every open vacancy before the end of President Biden’s term, particularly prioritizing nominees from underrepresented LGBTQ+ communities. The Senate must also continue pushing forward the confirmation of judges who have already been nominated and are waiting for a hearing or a vote on the Senate floor.