The Senate has unanimously confirmed the first openly gay judge for a federal appellate court. Todd Hughes, a Justice Department lawyer, was confirmed Tuesday for the U.S. Court of Appeals for the Federal Circuit in a 98-to-0 vote. While Hughes was confirmed, the nomination of the first gay African American to the federal bench has been defeated following an abrupt reversal by Republican Sen. Marco Rubio. Rubio has announced he is withdrawing his support for Judge William Thomas after initially backing his nomination last year. In a statement, a Rubio spokesperson cited “questions about [Thomas’] judicial temperament and his willingness to impose appropriate criminal sentences.” But critics say Rubio decided to abandon Thomas in a bid to appease tea party Republicans opposed to his backing of immigration reform. Rubio’s move will effectively end Thomas’ candidacy because nominees must have the support of both senators in their home state.