Senate Confirms Appellate Judge, Rebuffing Critics An Arizona Supreme Court justice was confirmed as a United States appellate judge on Tuesday despite complaints from conservatives that he influenced the Roe v. Wade ruling on abortion while a law clerk four decades ago. The Senate confirmed the judge, Andrew David Hurwitz, by voice vote, elevating him to the United States Court of Appeals for the Ninth Circuit . Republican conservatives took the unusual step of criticizing Mr. Hurwitz for work he did in 1972 while clerking for Judge Jon Newman of the United States District Court in Connecticut. Judge Newman wrote two opinions that were the forerunners of the 1973 Supreme Court decision to legalize abortion.