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You are here News Congress Biden court nominee fails to win confirmation as two Democrats miss vote

Biden court nominee fails to win confirmation as two Democrats miss vote

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Senate Majority Leader Schumer

President Biden’s nominee to serve as the first Black woman judge on the 3rd Circuit Court of Appeals failed to win confirmation in the Senate Tuesday after two Democratic senators missed the vote: Sens. Maggie Hassan (N.H.) and Tammy Duckworth (Ill.).

Public defender Arianna Freeman’s nomination to the appeals court failed by a vote of 47 to 50. Senate Majority Leader Charles Schumer (D-N.Y.) voted “no” to give him the procedural flexibility to bring her nomination back to the floor at a future date.

Hassan and Duckworth were absent, as was Republican Sen. Todd Young (R-Ind.).

Every Republican present voted against the nominee.

If both absent Democrats had been present and voted “yes” along with Schumer, Freeman would have won confirmation in a 50-49 vote. Democrats also could have won Freeman’s confirmation in a 49-49 vote, with Vice President Harris breaking the tie because of Young’s absence.

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