Vice President Mike Pence was forced to step in and cast the tie breaking vote for a judicial nominee Tuesday because Sen. Jeff Flake, R-Ariz., has vowed to oppose all judicial picks until the Senate votes on legislation to protect special counsel Robert Mueller.

According to The Hill, Jonathan Kobes was confirmed to the Eighth Circuit Court of Appeals via a 51-50 vote. Pence was presiding over the Senate chamber at the time and had to give a "yes" vote to break a 50-50 tie.

Kobes' nomination advanced out of the Senate Judiciary Committee in October. At the time, Flake was not trying to force the Mueller vote and he voted in favor of Kobes.

In November, Flake announced he will vote "no" to all judicial nominees until the Senate takes up a bill that would vote to prevent President Donald Trump from firing Mueller, who is leading the Russia investigation.