Sens. Maggie Hassan (N.H.) and Tammy Duckworth, both Democrats, chose not to participate in the Senate vote on President Biden's nominee to be the first Black woman judge on the 3rd Circuit Court of Appeals on Tuesday (Ill.), according to The Hill.
Arianna Freeman, a public defender, was not approved for the appeals court by a vote of 47 to 50. Charles Schumer, the majority leader in the Senate (D-NY), abstained in order to preserve the opportunity to bring her nomination back to the floor at a later time.
Hassan, Duckworth, and Republican Sen. Todd Young were all missing (R-Ind.). The candidacy was rejected by every Republican in attendance.
Schumer and the two missing Democrats would have joined them in voting "yes," and Freeman would have been confirmed by a vote of 50-49. In a 49-49 vote, Democrats may have also prevailed in Freeman's confirmation, with Vice President Harris breaking the tie in Young's absence.
Hassan is currently in New Hampshire, where Tuesday's primary polls will be held. On Tuesday morning, Hassan voted in New Hampshire as well.
Top Republican aides claimed that Democrats' "attendance problems" were the reason why Freeman's confirmation failed, while senior Democratic aides downplayed the loss as something that occasionally occurs in a Senate that is closely divided.
The Judiciary Committee was split on party lines on Freeman's nomination to the 3rd Circuit, which has its headquarters in Philadelphia, earlier this year. A vote to send her to the floor ended in an 11-11 tie between Democrats and Republicans.
Yale Law School graduate Freeman has defended state and federal prisoners in court proceedings contesting their convictions and sentences as a public defender for the Eastern District of Pennsylvania.