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What happens to Brett Kavanaugh's Supreme Court nomination if senate committee votes 'no'?

Republicans are confident of confirming their nominee

Andrew Buncombe
Washington DC
Friday 28 September 2018 12:15 EDT
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Brett Kavanaugh: the most important moments in Donald Trump Supreme Court nominee's hearing

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The Senate Judiciary Committee is set to vote on Donald Trump’s Supreme Court nominee Brett Kavanaugh, after a day of emotional testimony from both him and one of the women who have accused him of sexual assault.

The 21-member committee, which contains just four women, has an intentionally inbuilt Republican advantage of 11-10, because Republicans hold the majority in the senate, the upper chamber of the two houses of the US congress.

There had been speculation one of the Republicans, Senator Jeff Flake of Arizona, may not vote along party lines. He failed to ask any questions on Thursday, and instead allowed Mr Kavanaugh and Christine Blasey Ford have that allotted time to speak for themselves. Mr Kavanaugh has stridently denied the allegation made by Ms Ford that he assaulted her.

On Friday morning, as the committee, prepared to vote, Mr Flake said he had decided to support the judge.

“While some may argue that a different standard should apply regarding the senate’s advice and consent responsibilities, I believe that the constitution’s provisions of fairness and due process apply here as well,” he said, according to the Associated Press, something that immediately caused the senator to be confronted by protesters. “I will vote to confirm Judge Kavanaugh.”

Yet, even if the committee voted against confirming Mr Kavanaugh, his future as a Supreme Court justice would be far from dead in the water. Senate officials said the chamber’s rules meant the full senate could vote to “discharge” the issue from the Senate Judiciary Committee and instead have all the members consider the nominee.

Brett Kavanaugh Supreme Court vote

Republicans currently have a slim 51-49 majority in the senate and several members Republicans – Susan Collins of Maine, Lisa Murkowski of Alaska, Mr Flake of Arizona and Bob Corker from Tennessee, have at times appeared uncertain on Mr Kavanaugh’s nomination. They have certainly been subjected to large, costly lobbying campaigns from both supporters and opponents of the judge.

Adding another twist to the mix is the possibility that several Democratic senators facing tough reelection races in states that voted for Donald Trump – Heidi Heitkamp of North Dakota, Joe Manchin of West Virginia and Jon Tester of Montana – may feel obliged to support Mr Kavanaugh in order not to turn off Trump supporters they rely on.

Mr Manchin has said he is undecided and that Thursday’s testimony changed nothing.

“Senator Manchin remains undecided on Judge Kavanaugh,” his communications director Jonathan Kott reporters. “Any tweets to the contrary are false and not from any sources familiar with Senator Manchin

If Mr Kavanaugh is approved by the committee, it is theoretically possible he could be confirmed as early as Saturday. Yet that would require a full 100 per cent vote in his favour, something that will not happen.

Rather it is more likely to he decided next week. Senate majority leader Mitch McConnell has indicated he is confident on getting Mr Kavanaugh confirmed and that he intends to “plow right through” the confirmation process.

“I want to make it perfectly clear,” he said earlier this week on the senate floor, as fresh allegations of sexual assault were levelled at Mr Kavanaugh. “Judge Kavanaugh will be voted on here on the Senate floor. Up or down on the senate floor. This fine nominee to the Supreme Court will receive a vote in the senate in the near future.”

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