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Thomas Kirsch during his confirmation hearing before the Senate Judiciary Committee on Capitol Hill in November. Photo: Chip Somodevilla/Getty Images

The Senate on Tuesday confirmed Indiana prosecutor Thomas Kirsch as Supreme Court Justice Amy Coney Barrett's replacement to sit on a federal appeals court in Chicago.

Why it matters: He's the latest Trump-appointed district judge the Senate has confirmed since Election Day, breaking with a tradition that's previously seen no nominees appointed when a lame-duck president is in office.

Of note: The 51-44 vote was mainly along party lines, with three Democrats voting for Kirsch, who currently serves as U.S. attorney for the Northern District of Indiana. Vice President-elect Kamala Harris did not cast her vote. Neither did four Republican senators.

Go deeper

Chuck Schumer is now majority leader as 3 new Democratic senators are sworn in

Sen. Chuck Schumer (D-N.Y.) is officially Senate majority leader after the inauguration of Vice President Kamala Harris and the swearing-in of new Sens. Alex Padilla (D-Calif.), Jon Ossoff (D-Ga.) and Raphael Warnock (D-Ga.).

Why it matters: With a 50-50 Senate, Schumer will control a narrow majority with Harris as the tie-breaking vote. Democratic control of the Senate is crucial to President Biden's agenda, from getting his coronavirus relief proposal passed to forgiving student debt.

McConnell: Trump "provoked" Capitol mob

Senate Majority Leader Mitch McConnell (R-Ky.) said on Tuesday that the pro-Trump mob that stormed the U.S. Capitol on Jan. 6 was "provoked by the president and other powerful people."

Why it matters: Trump was impeached by the House last week for "incitement of insurrection." McConnell has not said how he will vote in Trump's coming Senate impeachment trial, but sources told Axios' Mike Allen that the chances of him voting to convict are higher than 50%.

Dion Rabouin, author of Markets
30 mins ago - Economy & Business

First glimpse of the Biden market

Photo: Jonathan Ernst-Pool/Getty Images

Investors made clear what companies they think will be winners and which will be losers in President Joe Biden's economy on Wednesday, selling out of gun makers, pot purveyors, private prison operators and payday lenders, and buying up gambling, gaming, beer stocks and Big Tech.

What happened: Private prison operator CoreCivic and private prison REIT Geo fell by 7.8% and 4.1%, respectively, while marijuana ETF MJ dropped 2% and payday lenders World Acceptance and EZCorp each fell by more than 1%.