 Shwartz was recommended for a judgeship on the United States Court of Appeals for the Third Circuit by Senator Frank Lautenberg.On October 5, 2011 she was nominated by President Barack Obama to a judgeship on the United States Court of Appeals for the Third Circuit.In January 2012, "The New York Times" reported that New Jersey Senator Bob Menendez had not returned his blue slip for Shwartz's nomination—effectively blocking her nomination, since nominees typically do not go forward without home-state senator support, which takes the form of the return of a blue slip—and that he had not publicly given a reason why.