Senators voted 53-46 on Eric Miller's nomination, making him the 31st appeals judge confirmed since Trump took office in January 2017.

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Murray warned minutes ahead of the vote that Miller's nomination was putting the Senate on a "very dangerous path."

"Republican leaders are now barreling towards a confirmation vote on a 9th Circuit nominee, a flash point that, if it succeeds, will mark a massive departure from the long-standing bipartisan process that has been in place for generations," Murray said from the Senate floor.

Cantwell added that the "confirmation process has, I believe, gone against long-standing Senate traditions, norms and the role of advise and consent to his nomination."