On April 26, 2018, President Donald Trump announced his intent to nominate Hertling to serve as a Judge of the United States Court of Federal Claims for a term of 15 years.[4][3] On May 7, 2018, his nomination was sent to the United States Senate. He was nominated to the seat vacated by Judge George W. Miller, who retired on August 7, 2013. On October 24, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[5] On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate.[6] On January 23, 2019, President Trump announced his intent to renominate Hertling for a federal judgeship.[7] His nomination was sent to the Senate later that day.[8] On February 7, 2019, his nomination was reported out of committee by a 19–3 vote.[9]
On June 5, 2019, the Senate invoked cloture on his nomination by a 66–23 vote.[10] On June 10, 2019, Hertling was confirmed by a 69–27 vote.[11] He received his judicial commission on June 12, 2019.[12][13]