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Brett Kavanaugh nomination vote: Four Senators are undecided - here's what you need to know about them

Susan Collins will vote 'yes' in a preliminary vote, but has not announced her final vote 

Mythili Sampathkumar
New York
Friday 05 October 2018 17:15 BST
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Senator Jeff Flake calls for a week's delay on floor vote

As the Senate gets ready to vote on Brett Kavanaugh’s nomination to the Supreme Court, at least four Senators are still apparently undecided.

Donald Trump’s second nominee to the highest court in the land was supposed to sail through the confirmation process but allegations of sexual assault and misconduct, primarily from Christine Blasey Ford, have delayed the vote.

Dr Ford’s powerful testimony about the alleged assault at a small party in 1982, when she and Mr Kavanaugh were in high school in Maryland, was met with a fiery, often angry and emotional, testimony from Mr Kavanaugh in his defence against the allegations.

After a week-long delay and an FBI investigation in Dr Ford’s allegations as well as other women, his seat on the court lies in the hands of Republican Senators Jeff Flake, Susan Collins, and Lisa Murkowski as well as Democrat Joe Manchin.

Joe Manchin

Senator Joe Manchin may seem like an unlikely undecided given the deep party divisions Mr Kavanaugh’s tense exchanges with Democrats has caused since his 27 September testimony.

However, Mr Manchin is from West Virginia, a reliably “red” Republican state and it is an election year. He also just voted "yes" on the procedural, preliminary vote to move the nomination to a final vote.

The long-time Senator is likely worried if he does not nominate Mr Kavanaugh, even in light of the sexual assault allegations and questionable temperament during his testimony, he could be seen as too divisive in his home state.

Protesters rally against Kavanaugh in DC

Mr Manchin’s seat also depends heavily on compromise with Republicans to appease his moderate base of voters on matters like the struggling coal industry.

Some experts have said West Virginians may be voting for him despite his party affiliation rather than because of it.

If Mr Manchin votes ‘no’ on this nomination, he may fear political retribution going forward or a loss of votes from the many Americans who have claimed Mr Kavanaugh’s alleged behaviour was so far in the past it does not have a bearing on his judicial abilities.

Jeff Flake

Jeff Flake is retiring from the Senate after this election cycle and has openly said it was because of that he was able to compromise, side with Democrats, and request the Senate to delay the nomination vote, and ask for an FBI investigation into Dr Ford’s allegations.

During the hearing on 28 September, Mr Flake looked a bit shell-shocked and had remained silent until the end.

It was likely due to the charged confrontation he had experienced earlier that morning as two protesters - Maria Gallagher and Ana Maria Archila - screamed at him about confirming a man “accused of violating a young girl”.

Ms Gallagher tearfully described how Mr Flake was “telling me I don’t matter” as a survivor of sexual assault.

It left its mark, but to what extent remains to be seen as Mr Flake also voted "yes" in the preliminary procedural vote to move the nomination to a final vote.

On 28 September, Mr Flake called on his personal friend and Democratic Senator Chris Coons to discuss what to do, resulting in an informal conference with several Senators and the FBI investigation.

He said just yesterday: “I wanted this pause; we’ve had this pause. We’ve had the professionals, the FBI, determine — given the scope that we gave them, current credible allegations — to go and do their review, which they’ve done.”

John Oliver on Kavanaugh hearing: 'The scary thing is the committee believe her, but they just don’t care'

However, Democrats have felt the investigation was not allowed to go far enough and it is unclear if Mr Flake feels the same.

Some experts have debated Mr Flake’s public indecisiveness has to do with his future outside of the Senate as a lobbyist.

If Mr Flake votes “no” it could endanger his ability to become a well-heeled Republican lobbyist, reducing his future influence over his party colleagues.

Others have indicated his reputation within the party has already been damaged with his past railing against Mr Trump in what was seen as a fiery speech announcing his retirement.

Susan Collins and Lisa Murkowski

Many protesters have been targeting their ire towards these two women. Neither sits on the Senate Judiciary Committee and male Republicans brought in outside sex crimes prosecutor Rachel Mitchell to question Dr Ford instead.

Ms Collins’ Maine state office has been flooded with phone calls, emails, and protesters camping out near her Senate office on Capitol Hill. Female sexual assault survivors in particular, have called on the pair, as women, not to put Mr Kavanaugh on the Supreme Court.

Many have feared he will overturn the landmark case Roe v Wade, which provided a base of privacy rights allowing abortions to become legal. Both women have said they believe that Mr Kavanaugh would not do so.

Protesters have threatened to fund Ms Collins’ opponent in her Senate race ahead of her 2020 re-election bid if she votes to confirm Mr Kavanaugh now, and have already collected thousands of dollars through crowdfunding campaigns.

Ms Collins, who said the FBI investigation “appears to be a very thorough investigation,” has said she would vote ‘yes’ on the preliminary vote, but has not yet announced her final vote on Mr Kavanaugh’s nomination.

Ms Murkowski has remained more tight-lipped than Ms Collins about her decision.

She said only this in response to reading the full FBI report: “I’m not wasting any daylight here”.

Ms Murkowski has been praised for voting "no" on the preliminary procedural vote to move the nomination into a final vote.

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