On January 19, 2022, President Joe Biden announced his intent to nominate Freeman to serve as a United States circuit judge for the United States Court of Appeals for the Third Circuit. President Biden nominated Freeman to the seat vacated by Judge Theodore McKee, who on July 29, 2021, notified the White House that he intended to assume senior status upon confirmation of his successor.[4] On January 28, 2022, following Justice Stephen Breyer's announcement of his intention to retire as an Associate Justice of the Supreme Court of the United States, Freeman was mentioned as one of the potential nominees for a Supreme Court appointment by President Joe Biden.[5] On March 2, 2022, a hearing on her nomination was held before the Senate Judiciary Committee.[6] During her confirmation hearing, Republican senators criticized her work as a public defender.[7] On April 4, 2022, the committee failed to report her nomination by an 11–11 vote.[8] On June 22, 2022, the United States Senate discharged the committee from further consideration of her nomination by a 50–48 vote.[9] On September 6, 2022, Majority Leader Chuck Schumer filed cloture on her nomination.[10] On September 12, 2022, the Senate invoked cloture on her nomination by a 45–44 vote.[11] On September 13, 2022, the Senate rejected her nomination by a 47–50 vote.[12] Freeman was the first Biden judicial nominee to be rejected by the Senate.[13] On September 29, 2022, upon reconsideration, her nomination was confirmed by a 50–47 vote.[14] She received her judicial commission on October 20, 2022.[15] She is the first African-American woman to serve on the Third Circuit.[16][17]