 He was nominated to that position on April 9, 2003, and confirmed by voice vote on October 22, 2003.He received his commission on October 27, 2003 and took the bench on November 1, 2003.Hardiman was subsequently nominated to the Third Circuit by President Bush on January 9, 2007, to fill a seat vacated by Judge Richard Lowell Nygaard (who had assumed senior status in 2005).