One of President Biden’s judicial nominees to a federal appeals court failed to be confirmed by the Senate on Tuesday, a rare defeat.
Arianna J. Freeman, who was nominated to the U.S. Court of Appeals for the 3rd Circuit, lost her confirmation vote in the equally divided Senate by a vote of 47-50.
Two Democratic senators — Tammy Duckworth of Illinois and Maggie Hassan of New Hampshire — were absent, allowing Republicans to block the confirmation.
Senate Majority Leader Charles E. Schumer, New York Democrat, has moved to reconsider the nominee.
Ms. Freeman is a Pennsylvania lawyer. She would be the first Black woman to serve on the 3rd Circuit if she were to be confirmed, according to Alliance for Justice, a legal group that has supported Mr. Biden’s judicial picks.