She was first nominated in April 2009 and approved by the Senate Judiciary Committee in June 2009, without any Republican support.
Her nomination was first retired to the White House in December. She was renominated in January and approved by the committee in February, again without any Republican votes.
Smith is senior counsel to Assistant Attorney General Tony West of the Civil Division. She was a partner at Schoeman, Updike & Kaufmann and former in-house counsel to Tyco International Ltd., the international security products and services conglomerate.