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Biden nominates Philly federal prosecutor for U.S. District Court judge

Mary Kay Costello, a Temple University alum, has served as an Assistant U.S. Attorney based in Philadelphia since 2008.

The James A. Byrne Federal Courthouse in Philadelphia.
The James A. Byrne Federal Courthouse in Philadelphia.Read moreTHOMAS HENGGE / MCT

President Joe Biden has chosen a federal prosecutor in Philadelphia who is a Temple University alum and U.S. Air Force veteran to be a nominee for judge in the U.S. District Court for the Eastern District of Pennsylvania.

Mary Kay Costello, 56 and a Bucks County native, has served as an assistant U.S. attorney based in Philadelphia since 2008. She is one of three judicial nominees Biden announced Wednesday.

The White House said in a statement that the nominees ”are extraordinarily qualified, experienced, and devoted to the rule of law and our Constitution.”

The statement continued: “These choices also continue to fulfill the president’s promise to ensure that the nation’s courts reflect the diversity that is one of our greatest assets as a country — both in terms of personal and professional backgrounds.”

U.S. Sen Bob Casey (D., Pa.) praised Biden’s pick.

“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 an emailed statement.

”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,” Casey said.

Costello could not be reached for comment.

Her nomination needs to be confirmed by the U.S. Senate. Federal judges are appointed for life.

Before joining the U.S. Attorney’s Office in Philadelphia, Costello worked as a litigation associate at Akin Gump Strauss Hauer & Feld LLP from 2004 to 2008. Before that, she worked at Saul Ewing LLP from 2001 to 2004.

In 2001, Costello earned her juris doctor degree, magna cum laude, from the Beasley School of Law at Temple University. She received her bachelor of arts degree, summa cum laude, from Temple in 1998.

Costello served in the Air Force from 1986 to 1994.

She and her spouse have two young children and live in Philadelphia, according to U.S. Sen John Fetterman’s office. She would be the 12th openly LGBTQ judge appointed by Biden, which is more than any president in history. Obama confirmed 11 openly LGBTQ judges during his two terms.

Fetterman said recommending Costello’s nomination “was an easy decision.”

“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,” Fetterman said in a statement. “I’m proud to see the Pennsylvania courts being enriched with such diverse and dedicated legal professionals, and I eagerly anticipate her confirmation.”

The White House said the three latest nominees bring the number of Biden’s announced federal judicial nominees to 247. If she’s confirmed, Costello will be Biden’s ninth federal judge appointment in Pennsylvania.

The two other nominees are from U.S. District Courts in Minnesota and California.

Former President Donald Trump appointed more than 230 district and appellate judges, and three Supreme Court justices during his single term in office.

Last month, Biden nominated Catherine Henry, a longtime federal public defender based in Philadelphia, to the U.S. District Court.