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Joe Biden makes history with 12th Senate-confirmed LGBTQ+ judge

Mary Kay Costello is a military veteran and former federal prosecutor in Philadelphia.

Mary Kay Costello, a military veteran and former assistant U.S. attorney, was confirmed as a federal judge on Tuesday. She is the 12th out judicial nominee of President Joe Biden confirmed by the U.S. Senate, the most of any president in history.

By a 52-41 vote, Costello was confirmed by the full Senate as a district court judge in the Eastern District of Pennsylvania. With her confirmation, Biden surpassed former President Barack Obama’s total of 11 confirmed out judges. According to the research conducted by the progressive Leadership Conference on Civil and Human Rights (LCCHR), former President Clinton had one out judicial nominee confirmed to the bench while former President Trump had two.

“As LGBTQ rights are being subject to litigation across the country, it is increasingly clear that we need judges at all levels of the judiciary who understand what’s at stake,” Lena Zwarensteyn, LCCHR’s senior director of the fair courts program, said in a statement following Costello’s confirmation.

Costello was recommended for confirmation by Pennsylvania’s U.S. Sens. Bob Casey and John Fetterman.

“Recommending Mary Kay Costello’s nomination to the White House was an easy decision, and I applaud President Biden for recognizing her exceptional qualifications,” Fetterman said in a statement after nominating Costello in June. “Throughout her service in the Air Force and as a prosecutor, Mary Kay has demonstrated an unwavering commitment to our nation and to the people of Pennsylvania. With a well-earned reputation for being a fair prosecutor who prioritizes real justice over high conviction rates – it is people like Mary Kay who are exactly what our judicial system needs. I’m proud to see the Pennsylvania courts being enriched with such diverse and dedicated legal professionals, and I eagerly anticipate her confirmation.”

“Mary Kay Costello’s experience as an Assistant U.S. Attorney, in private practice, and in the U.S. Air Force leaves no doubt in my mind that she will continue to serve the people of Eastern Pennsylvania honorably,” Casey said in a statement in June. “As a military vet and longtime federal prosecutor, she has devoted her career to defending our Nation, fighting corruption, rooting out fraud, and keeping our communities safe. I look forward to voting to swiftly confirm her and to help her make history.”

Costello spent the last 15 years as an assistant U.S. attorney in Philadelphia. Before that, she served eight years in the U.S. Air Force and was honorably discharged in 1994 as a staff sergeant.

Costello and her spouse live in Philadelphia with their two young children.

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