On September 24, 2019, the American Bar Association (ABA) rated Pitlyk as "Not Qualified." The ABA said Pitlyk's rating was based on her lack of trial experience, as she had "never tried a case," she had "never examined a witness," she had "not taken a deposition," she had "not argued any motion in a state or federal trial court," she had "never picked a jury," and she had "never participated at any stage of a criminal matter."[4][5] Pitlyk said one reason she had never tried a case and never taken a deposition is that she has been a member of legal teams that have allowed her to arrange her schedule in order to spend more time with her children.[6]
On September 25, 2019, a hearing on her nomination was held before the Senate Judiciary Committee.[7] At the hearing, Democratic Senator Dick Durbin expressed concerns about Pitlyk's lack of trial experience,[6] and other Democratic Senators including Richard Blumenthal asked her about her anti-abortion views; she responded that her personal views would not affect her work as a judge. As a lawyer, Pitlyk had argued that frozen embryos from in vitro fertilisation should legally be considered human beings, and she wrote an amicus brief stating that "surrogacy has grave effects on society."[8] On October 31, 2019, her nomination was reported out of committee by a 12–10 vote.[9]
On December 3, 2019, the United States Senate invoked cloture on her nomination by a 50–43 vote,[10] with Maine senator Susan Collins voting against her nomination.[11] On December 4, 2019, her nomination was confirmed by a 49–44 vote.[12] She received her judicial commission on December 5, 2019,[13] and was sworn into office on December 6, 2019.[14]
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