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On March 30, 2021, President Joe Biden announced his intent to nominate Cunningham to serve as a United States circuit judge for the Federal Circuit. On April 19, 2021, her nomination was sent to the United States Senate. President Biden nominated Cunningham to the seat vacated by Judge Evan Wallach, who assumed senior status on May 31, 2021. On May 26, 2021, a hearing on her nomination was held before the Senate Judiciary Committee. On June 17, 2021, her nomination was favorably reported by the committee by a 16–6 vote. On July 12, 2021, Majority Leader Chuck Schumer filed cloture on her nomination. On July 15, 2021, the Senate invoked cloture on her nomination by a 63–34 vote. On July 19, 2021, her nomination was confirmed by a 63–33 vote. She received her judicial commission on August 6, 2021. She was sworn into office on September 1, 2021. Cunningham is the first African American judge to ever sit on the Federal Circuit. On January 28, 2022, following Justice Stephen Breyer's announcement of his intention to retire as an associate justice of the U.S. Supreme Court, Cunningham was mentioned as one of the potential nominees for a Supreme Court appointment by President Joe Biden.
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