Grassley said prior to the vote that his opposition was based on an incident in which Miranda Du, the nominee, had filed a "reckless" complaint against a local union in a case in which she was lead counsel. He said that although she was reprimanded by the court for the mistake she was slow to take full responsibility for it. 

The Senate also confirmed Susie Morgan to be district judge for the Eastern District of Louisiana by a vote of 96-1.

The upper chamber adjourned just after 7 p.m. on Wednesday and is set to return at 9:30 a.m. on Thursday.  At 11:30 a.m. there will be a vote on the motion to invoke cloture on the pending Repeal Big Oil Tax Subsidies Act