Shwartz was recommended for a judgeship on the United States Court of Appeals for the Third Circuit by Senator Frank Lautenberg. On October 5, 2011 she was nominated by President Barack Obama to a judgeship on the United States Court of Appeals for the Third Circuit. In January 2012, The New York Times reported that New Jersey Senator Bob Menendez had not returned his blue slip for Shwartz's nomination—effectively blocking her nomination, since nominees typically do not go forward without home-state senator support, which takes the form of the return of a blue slip—and that he had not publicly given a reason why. The Times noted that Shwartz "has been in a relationship for more than two decades with the head of the public corruption unit for New Jersey's federal prosecutor. And that unit investigated the senator during his 2006 election fight, an inquiry Mr. Menendez has long contended was politically motivated." The paper noted that that connection has led lawyers and judges in New Jersey to speculate that Menendez "is acting out of resentment, rather than any concern about Judge Shwartz's qualifications." Menendez responded to that speculation in a statement on January 6, 2012, saying he had "substantive" concerns about Shwartz's knowledge of constitutional issues. Menendez said Shwartz did not "adequately demonstrate the breadth of knowledge of constitutional law and pivotal Supreme Court decisions, such as Citizens United," the 2010 Supreme Court ruling that struck down many restrictions against corporate spending to influence federal elections. "In my opinion, she misapplied the application of strict scrutiny versus rational basis review to the questions at hand," Menendez said, referring to two kinds of tests that judges apply when weighing government policies. "She did not express substantive knowledge as to the scope of the rights of corporations under the Constitution or jurisprudence on the constitutional limits of executive branch powers." Menendez also said, "It is incredibly disappointing and unfortunate that my real concerns over the suitability of Judge Shwartz to serve a lifetime appointment as circuit court judge have been spun as some petty political vendetta by some of her supporters." Menendez, the Times said, "indicated" that he will not return his blue slip for Shwartz's nomination, effectively derailing her nomination. Menendez became the first Senate Democrat to block one of President Obama's judicial nominees. On January 13, 2012, Menendez met again with Shwartz and after what he characterized as an "in-depth discussion," announced that he would support Shwartz's nomination and return his blue slip, paving the way for the Senate Judiciary Committee to hold a hearing on Shwartz. The New York Times reported that in response to Menendez's obstruction, the White House had been declining to nominate United States Magistrate Judge Michael A. Shipp, a Menendez choice, to a vacancy on the United States District Court for the District of New Jersey. On February 15, 2012, Shwartz received a hearing before the Senate Judiciary Committee. On March 8, 2012, the Judiciary Committee reported her nomination to the floor of the Senate by a vote of 10 ayes to 6 nays. Shipp's nomination was confirmed on July 23, 2012. On January 2, 2013, Schwartz's nomination was returned to the President, due to the sine die adjournment of the Senate. On January 3, 2013, she was renominated to the same office. Her nomination was reported to the floor by the Senate Judiciary Committee on February 14, 2013, by a vote of 11 ayes to 7 nays. The Senate confirmed Shwartz on April 9, 2013 in a 64–34 vote. She received her commission on April 10, 2013.
Personal
Shwartz is the longtime companion of James Nobile, the head of the public corruption unit for New Jersey's federal prosecutor. She has been a resident of East Rutherford, New Jersey.
