Updated 4:37 p.m.
The Senate confirmed Andrew Hurwitz today to the U.S. Court of Appeals for the Ninth Circuit, the third new judge confirmed to the nation's busiest federal appeals court since May 7.
It took only a voice vote to confirm Hurwitz this afternoon, a day after Democrats narrowly defeated a block by some Republicans who questioned his history with Roe v. Wade. No Senators demanded a roll call vote.
It would have taken 50 votes to confirm Hurwitz, currently a justice on the Arizona Supreme Court, but supporters in the Senate found 60 votes for him yesterday in a motion to end debate and force today’s confirmation vote. Both of Hurwitz's home-state senators, Arizona Republicans Jon Kyl and John McCain, supported his confirmation.
"As a member of the Arizona Supreme Court for nearly a decade, Justice Hurwitz has proved an able jurist," Kyl said in a written statement. "While I understand the concern expressed by some of my colleagues, I believe it is misplaced. To my knowledge, he has never allowed his personal views to improperly influence judicial decisions. His record gives me confidence that he will continue to judge cases strictly on their merits."
Hurwitz has argued cases before the U.S. Supreme Court, got the highest score on the Arizona state bar exam, taught at law school and is on the advisory committee for federal rules of evidence.