By the slimmest of margins, the Senate Judiciary Committee on Thursday recommended San Francisco labor lawyer Marsha Berzon for confirmation to the Ninth Circuit U.S. Court of Appeals.

With two Republicans breaking ranks, including committee chairman Sen. Orrin Hatch, Berzon was put up for the full Senate’s consideration on a 10-8 vote, the closest such committee vote in recent history. Eight Democrats, including California Sen. Dianne Feinstein, voted for her. Two other judicial candidates zoomed out of committee on a 17-1 vote, with New Hampshire Sen. Robert Smith, a Republican presidential candidate, dissenting.

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