Biden judicial nomination fails with two Democrats absent from vote

In the evenly divided senate, full attendance would have likely resulted in a 50-50 vote, with Vice President Kamala Harris able to break the tie.

Updated: September 13, 2022 - 3:36pm

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The Senate failed to confirm President Joe Biden's nominee to become the first black woman on the 3rd Circuit Court of Appeals, largely due to the absence of two Democratic senators, without whom their party lacked enough support to carry the vote.

Arianna Freeman lost her confirmation vote by a 47-50 margin, with every Republican present having voted against her confirmation, according to The Hill. Democrats Tammy Duckworth, Ill., and Maggie Hassan, N.H., were not present for the vote. Republican Indiana Sen. Todd Young was also absent.

The vote does not spell the end of her confirmation battle, however, as Senate Majority Leader Chuck Schumer voted "no" in order to return the nomination to the floor another time.

In the evenly divided Senate, full attendance would have likely resulted in a 50-50 vote, with Vice President Kamala Harris able to break the tie.

Freeman's confirmation has been largely a partisan affair, with the Judiciary Committee deadlocking 11-11 on advancing her nomination earlier this year. Moreover, the Senate's subsequent vote to discharge the nomination from the committee was 50-48, per the outlet.

She has served as a public defender in the Eastern District of Pennsylvania and is a graduate of Yale Law School.