Vice President Mike Pence broke a Senate tie Tuesday afternoon to confirm Jonathan Kobes, 51-50, to the U.S. Court of Appeals for the Eighth Circuit, approving the nomination of a congressional lawyer whom a ratings committee deemed “not qualified.”

Kobes, currently general counsel to Sen. Mike Rounds, R-South Dakota, will be the fourth of Trump’s nominees appointed to the Missouri-based appeals court. The lawyer has worked for Rounds in his Sioux Falls office since 2016, previously serving as Rounds’ deputy chief of staff and counsel in Washington, D.C.