According to political observers, it is rare for a federal appeals court nomination to fail before the U.S. Senate. Typically, confirmations are not called if the leaders know they don’t have the votes.

That’s why many were surprised when the vote to confirm Arianna Freeman to the U.S. Court of Appeals for the Third Circuit resulted in a 47-50 vote Tuesday. However, many say they are still hopeful Freeman will be confirmed to the bench, since Sen. Chuck Schumer has signaled he plans to bring her confirmation up again before the Senate for reconsideration.