Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

As it happenedended

Brett Kavanaugh confirmed to Supreme Court amid widespread outcry over sexual assault allegations – as it happened

Donald Trump's second nominee to the court is confirmed 50-48 

Mythili Sampathkumar
New York
,Tom Barnes
Saturday 06 October 2018 17:22 EDT
Comments
Sen. Collins: “I will vote to confirm Judge Kavanaugh”

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Brett Kavanaugh has been confirmed as the next US Supreme Court justice by the Senate after a highly charged confirmation process in which he was accused of sexual assault.

At a passionate hearing last week, Mr Kavanaugh denied allegations levelled against him by psychology professor Christine Blasey Ford that he assaulted her while they were both at high school in 1982.

Several key wavering senators confirmed on Friday they would approve Mr Kavanaugh’s nomination to the court after a mammoth series of hearings lasting more than 30 hours.

Ultimately, Mr Kavanaugh was confirmed 50-48.

Republican Senator Steve Daines was not present since his daughter is getting married in Montana today. Republican Senator Lisa Murkowski was the lone party defector, but she declined to formally cast her "no" vote out of respect for the party and because it would not have made a difference in the final decision to place Mr Kavanaugh on the court.

The judge scraped through a procedural ballot 51 to 49 after key swing voters such as Republican senator Susan Collins and Democrat Joe Manchin announced they would support his appointment.

Please allow a moment for the live stream to load

The vote has set the stage for lawmakers to sign off on his ascension to a seat on the nation’s highest court over the weekend.

However, Mr Kavanaugh’s appointment has proved contentious after several women came forward during the course of the hearings to accuse him of sexual misconduct.

Members of the Senate Judiciary Committee received testimony from Christine Blasey Ford, one of Mr Kavanaugh’s accusers as part of the evidence sessions.

The hearing saw Ms Ford give a tearful account of an incident at a house party in 1982, during which she alleges she was assaulted by Mr Kavanaugh while one of his friends watched on.

The judge, who denies all the accusations made against him, gave a combative and at times aggressive defence of himself to the committee.

Dr Christine Blasey Ford describes alleged sexual assault by Brett Kavanaugh

However, he repeatedly dodged the question of whether he would accept an FBI investigation into the allegations that could potentially clear his name.

Protests were staged on Capitol Hill throughout the day, with some women openly weeping over the prospect of Mr Kavanaugh being appointed to the court.

Friday’s senate vote appeared to please Donald Trump, who nominated the judge to take the empty seat left by the retirement of judge Anthony Kennedy.

“Very proud of the US Senate for voting “YES” to advance the nomination of Judge Brett Kavanaugh!” the president tweeted.

Mr Kavanaugh’s appointment to the seat previously held by the moderate Justice Kennedy means the Supreme Court is likely to drift to the right for decades.

Conservative judges would outnumber their liberal colleagues five to four on the court once his nomination is approved as expected.

Melania Trump has offered her support to Brett Kavanaugh ahead of the vote on his confirmation expected this afternoon.

“I think he's highly qualified for the Supreme Court,” the first lady told reporters travelling with her in Egypt on the final leg of her four-country tour of Africa.

She added she was glad both Mr Kavanaugh and Christine Blasey Ford, one of the women accusing the judge of sexual assault, were both heard during the course of the confirmation process.

But, without weighing in on the claims of sexual misconduct levelled against Mr Kavanaugh, Ms Trump said victims of “any kind of abuse of violence” must be helped.

Tom Barnes6 October 2018 15:32

Donald Trump has tweeted for the first time on Saturday, to claim supporters of his Supreme Court nominee Brett Kavanaugh, who the president describes as a "very good man", are gathering on Capitol Hill ahead of today's vote.

"It is a beautiful thing to see - and they are not paid professional protesters who are handed expensive signs. Big day for America!" Mr Trump adds.

Tom Barnes6 October 2018 15:45

Speaking at the hearing currently underway, Democratic senator from New York Kirsten Gillibrand has described Brett Kavanaugh's expected appointment to the Supreme Court will mark a “painful day” for America.

“Today is a painful day for millions of women across the country, who are worried about losing their basic civil rights,” she said.

“It’s a painful day for survivors who have had to relive their trauma and it is also a painful day for men who hope to see this Senate stand on the right side of history.

“In a few hours, the US Senate is going to turn its back on righteousness, it is going to turn its back its back on fairness and reason and make no mistake, it’s going to turn its back on women.”

Tom Barnes6 October 2018 16:04

The closest vote in history?

The outcome of the Senate vote confirming Brett Kavanaugh to the Supreme Court is likely to be close, although there is now little question over what the eventual result will be.

It is thought enough senators will support for the judge to give him a two-vote margin of victory – but would that be the closest vote on a Supreme Court nominee in history?

In fact, the closest confirmation votes for a Supreme Court nominee were decided by a single senator.

In 1881, Justice Stanley Matthews prevailed in a vote of 24 to 23. In 1861, nominee Jeremiah Black was defeated by a vote of 26 to 25.

However, there have also been narrow votes in more recent times - the confirmation of Clarence Thomas in 1991 was the closest of any of the current Supreme Court justices, passing 52 to 48 with a margin of just four.

Samuel Alito, a judge often considered on of the most conservative currently sitting on the bench, was appointed following another relatively close vote of 58 to 42 after his nomination by George W Bush in 2006.

Tom Barnes6 October 2018 16:30

Robert Post, the former dean of Yale Law school, where Brett Kavanaugh studied, has said that the judge has "stoked the fires of partisan rage and male entitlement" and he will now remain a "symbol of partisan anger". 

"His performance is indelibly etched in the public mind. For as long as Kavanaugh sits on the court, he will remain a symbol of partisan anger, a haunting reminder that behind the smiling face of judicial benevolence lies the force of an urgent will to power," he wrote in Politico

Shehab.Khan6 October 2018 17:24

The final vote is scheduled to take place at approximately 3:30pm EST. 

Once confirmed, Mr Kavanaugh's appointment will be a big victory for Donald Trump and what many sexual assault survivors have said is a demoralising hit to the #metoo social justice movement. 

Mr Trump joins the list of presidents in American history who have been able to place two Supreme Court Justices. He has also done it faster than any of them, shy of two years in office. 

Mr Trump celebrated his win on Twitter. 

Mythili Sampathkumar6 October 2018 17:39

Sitting Justice Elena Kagan has expressed concern over the all-but-guaranteed appointment of Mr Kavanaugh. 

At a Princeton University women's conference yesterday, Ms Kagan commented on losing the more centrist Justice Anthony Kennedy and replacing him with right-wing Mr Kavanaugh: “It’s not so clear, that I think going forward, that sort of middle position — it's not so clear whether we’ll have it". 

"All of us need to be aware of that — every single one of us — and to realize how precious the court’s legitimacy is. It's an incredibly important thing for the court to guard is this reputation of being impartial, being neutral and not being simply an extension of a terribly polarising process," she said. 

Mythili Sampathkumar6 October 2018 17:55

Here is Republican Senator Susan Collins' speech on why she decided to vote "yes" on Mr Kavanaugh despite fierce protesting from sexual assault survivors and thousands of women. 

Well before the announcement, an activist group in her home state of Maine had pledged they would fundraise against Ms Collins' yet-to-be-named opponent in her 2020 re-election bid. 

The crowdfunding campaign has already raised more than $3m (£2.3m) in less than 24 hours. 

Mythili Sampathkumar6 October 2018 18:20

You can watch our livestream of the continuing Senate debate leading up to the vote as divisions are split along party lines and each Senator is stating their reasons for voting yes or no on Mr Kavanaugh. 

Mythili Sampathkumar6 October 2018 18:32

Democratic Senator Joe Manchin was also a key vote. He had remained publicly undecided until moments after Ms Collins' dramatic announcement. 

Protesters tried to drown him out as he spoke with journalists outside of his Capitol Hill office, shouting "Shame!" repeatedly and asking "What is wrong with you?!" 

While many Democrats were disappointed in Mr Manchin, others have noted it may be better in the long run for his re-election bid next month in the "red" Republican state of West Virginia - meaning at least there could be one more Democrat in the Senate for the next six years. 

Read more here about the electoral and political reasons he may have done it. 

Mythili Sampathkumar6 October 2018 18:50

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in