President Biden nominated Mathis to the seat vacated by Judge Bernice B. Donald, who announced her intent to assume senior status upon confirmation of her successor.

[12] The nomination drew controversy, as both senators from Tennessee had declined to return favorable blue slips and said that the White House had not consulted with them.

Senate Judiciary Committee Chairman Dick Durbin conceded that this was a serious mistake and apologized, but said that Mathis was personally blameless for the oversight.

[17] Blackburn then said she had "serious concerns" about Mathis' lack of experience in federal law and referenced his "rap sheet" due in part to three previous speeding tickets that he didn't respond to.

"[19] Blackburn and fellow senator Bill Hagerty had recommended an alternative pick, Camille McMullen, a Democratic appointee to the Tennessee Court of Criminal Appeals who is also Black.