This article is from the source 'guardian' and was first published or seen
on .
It last changed over 40 days ago and won't be checked again for changes.
Brett Kavanaugh: Senate holds crucial first vote on judge's nomination – live updates
Brett Kavanaugh: Senate votes yes to advance nomination to final floor vote – live updates
(35 minutes later)
Trump has a quick response to the vote.
Very proud of the U.S. Senate for voting “YES” to advance the nomination of Judge Brett Kavanaugh!
It remains unclear if Donald Trump’s embattled pick for America’s highest court would ultimately have the votes to be confirmed, writes the Guardian’s Sabrina Siddiqui:
A handful of key senators tipped their hand in Friday’s procedural motion but signaled their votes were not cast in stone. Two of the chamber’s closely watched moderate Republicans, Senators Jeff Flake of Arizona and Susan Collins of Maine, voted in favor of advancing Kavanaugh, while Lisa Murkowski of Alaska voted against the judge. Joe Manchin, a senator up for re-election in conservative West Virginia, was the lone Democrat to break with his party.
“This is one vote that we probably won’t know until the votes are actually cast,” Chuck Grassley, the chairman of the Senate judiciary committee, told reporters on Capitol Hill.
The uncertainty lingered one day after the FBI completed an investigation into the allegations against Kavanaugh, the results of which fell firmly along party lines. Republicans swiftly declared that the FBI’s report, which was shrouded in secrecy and accessed only by senators and a select group of staffers, absolved Kavanaugh of any wrongdoing.
Democrats meanwhile condemned the investigation – the parameters of which were reportedly set by the White House – as preordained.
The Senate voted 51-49 in favor of the cloture motion, which will bring an end to debate on Kavanaugh’s nomination to the supreme court.
The final vote on his confirmation could happen as early as tomorrow.
Support for cloture is not equivalent to support for Kavanaugh, so it’s not clear whether or not he will make it through.
A key senator, Republican Susan Collins of Maine, said she will reveal her plan for the final vote in a speech at 3pm this afternoon.
Joe Manchin, a Democrat from West Virginia, votes yes for cloture.
The rest of the key swing senators voted:
Flake – Yes
Murkowski – No
Collins – Yes, but is announcing plan for final confirmation vote at 3pm ET.
Swing senator Lisa Murkowski, a Republican from Alaska, has voted no on cloture.
Her vote is being read as a no for Kavanaugh as well, but it is too early to say.
If Murkowski is a no, that may put the pressure all on Collins this afternoon
Reminder: support for cloture is not equivalent to support for Kavanaugh.
A key senator, Susan Collins, a republican from Maine, said she will reveal her plan for the final vote in a speech at 3pm this afternoon after voting yes for cloture.
Another potential Republican no vote, Jeff Flake of Arizona, has voted in support of cloture.
Keep in mind that senators sometimes vote to bring debate to a close….and then vote another way later on the underlying issue. Yet, on other occasions, the cloture vote can predictive of how the final vote may go.
The bar USED TO BE 60 votes to invoke cloture on Supreme Court nominees. But McConnell established a new precedent last year (not a rules change) to end debate on SCOTUS nominees. McConnell dropped the bar to a simple majority in an effort to confirm Gorsuch.
The procedural vote is under way to end debate on Brett Kavanaugh’s nomination.
The procedural vote is under way to end debate on Brett Kavanaugh’s nomination.
It requires a simple majority vote.
It requires a simple majority vote.
Senate majority leader Mitch McConnell echoes Grassley’s comment that challenges to Kavanaugh are the work of “the resistance.”
Senate majority leader Mitch McConnell echoes Grassley’s comment that challenges to Kavanaugh are the work of “the resistance.”
He says the leak of Christine Blasey Ford’s letter accusing Kavanaugh of attempted rape “opened the floodgates.”
He says the leak of Christine Blasey Ford’s letter accusing Kavanaugh of attempted rape “opened the floodgates.”
He dismisses complaints that the FBI report released yesterday was limited in scope.
He dismisses complaints that the FBI report released yesterday was limited in scope.
Like Grassley, he references “the mob” for tarnishing the confirmation process.
Like Grassley, he references “the mob” for tarnishing the confirmation process.
Twist! One of the key senators, Republican Susan Collins, is expected to vote yes on the cloture motion today – but that does not mean she will vote in support of Kavanaugh.
Twist! One of the key senators, Republican Susan Collins, is expected to vote yes on the cloture motion today – but that does not mean she will vote in support of Kavanaugh.
Some insiders suggest support for cloture, a procedural vote that would end debate about Kavanaugh, as equivalent to supporting Kavanaugh in the final Senate vote.
Some insiders suggest support for cloture, a procedural vote that would end debate about Kavanaugh, as equivalent to supporting Kavanaugh in the final Senate vote.
But that is a hasty conclusion to draw.
But that is a hasty conclusion to draw.
It sounds like we’ll learn whether Collins supports Kavanaugh or not on the senate floor at 3pm ET.
It sounds like we’ll learn whether Collins supports Kavanaugh or not on the senate floor at 3pm ET.
If cloture passes – the Republicans can afford only one defection if all Democrats oppose the pick – then a final vote on the nomination would be held over the weekend, likely on Saturday.
If cloture passes – the Republicans can afford only one defection if all Democrats oppose the pick – then a final vote on the nomination would be held over the weekend, likely on Saturday.
I’m told @SenatorCollins is expected to vote yes on cloture this am. Will likely announce how she will vote on final confirmation during 3p senate floor speech. #kavanaugh
I’m told @SenatorCollins is expected to vote yes on cloture this am. Will likely announce how she will vote on final confirmation during 3p senate floor speech. #kavanaugh
Collins’ procedural vote this AM may NOT be the same as her final vote. After she votes FOR cloture this morning, that may or may not be the same as her final vote on confirmation. Source tells me it is unknown what she will do until she makes her announcement at 3p
Collins’ procedural vote this AM may NOT be the same as her final vote. After she votes FOR cloture this morning, that may or may not be the same as her final vote on confirmation. Source tells me it is unknown what she will do until she makes her announcement at 3p
Sign up to the Guardian’s new US morning briefing. We’ll email you a summary of top stories and must-reads every weekday.
Sign up to the Guardian’s new US morning briefing. We’ll email you a summary of top stories and must-reads every weekday.
Now Dianne Feinstein, the Democrat ranking member, is voicing her opposition to Kavanaugh’s confirmation.
Now Dianne Feinstein, the Democrat ranking member, is voicing her opposition to Kavanaugh’s confirmation.
She begins by reviewing his judicial record, which she says shows he is “pro gun” and is a threat to Roe v Wade, the supreme court’s landmark 1973 ruling that legalized abortion nationwide.
She begins by reviewing his judicial record, which she says shows he is “pro gun” and is a threat to Roe v Wade, the supreme court’s landmark 1973 ruling that legalized abortion nationwide.
She said “these views alone are not sufficient for me to vote against Judge Kavanaugh,” but the events of the last few weeks are why she won’t be supporting him.
She said “these views alone are not sufficient for me to vote against Judge Kavanaugh,” but the events of the last few weeks are why she won’t be supporting him.
She is focusing on Kavanaugh’s emotional testimony before the senate judiciary committee, which was partisan in an unprecedented way.
She is focusing on Kavanaugh’s emotional testimony before the senate judiciary committee, which was partisan in an unprecedented way.
Grassley continues, he says he does not believe the accusations made against Kavanaugh.
Grassley continues, he says he does not believe the accusations made against Kavanaugh.
“The multitude of allegations against him have proven to be false,” Grassley says.
“The multitude of allegations against him have proven to be false,” Grassley says.
He gets heated, saying “the resistance” has made it to the US capitol and is destroying civility in the US. He equates voting to confirm Kavanaugh as a vote against “mob rule.”
He gets heated, saying “the resistance” has made it to the US capitol and is destroying civility in the US. He equates voting to confirm Kavanaugh as a vote against “mob rule.”
The vote this morning is to end debate on Kavanaugh. The Senate’s confirmation vote could happen as early as tomorrow.
The vote this morning is to end debate on Kavanaugh. The Senate’s confirmation vote could happen as early as tomorrow.
The senate is now in session.
The senate is now in session.
Chuck Grassley, the Republican chairman of the Senate judiciary committee, is speaking about Kavanaugh’s fitness for the job.
Chuck Grassley, the Republican chairman of the Senate judiciary committee, is speaking about Kavanaugh’s fitness for the job.
Grassley says Kavanaugh had an “impeccable reputation” before being targeted by the left.
Grassley says Kavanaugh had an “impeccable reputation” before being targeted by the left.
“The conduct of leftwing, dark-money groups in this body has shamed us all,” Grassley says.
“The conduct of leftwing, dark-money groups in this body has shamed us all,” Grassley says.
His remarks are focused on how Democrats do not want Kavanaugh to be confirmed.
His remarks are focused on how Democrats do not want Kavanaugh to be confirmed.
One of the key senators to watch, Democrat Joe Manchin, has told reporters he is undecided and will stay that way until voting time (which is in about an hour).
Manchin update: still undecided (per Manchin, as he walked into the SCIF to review the FBI report again.)“Probably undecided til I walk in the door” to vote at 10:30, he says.
Manchin is a conservative Democrat up for re-election in November in a state won by Trump in 2016 with a 42-point margin, and will be worried about losing votes if he rejects the president’s nominee.
Even if he and other swing senators vote “yes” in today’s cloture vote - a procedural one to end debate on the issue - one or more could conceivably then switch sides for a final vote tomorrow.
US president Donald Trump has accused protesters of not being sincere without providing evidence to back that claim.
The very rude elevator screamers are paid professionals only looking to make Senators look bad. Don’t fall for it! Also, look at all of the professionally made identical signs. Paid for by Soros and others. These are not signs made in the basement from love! #Troublemakers
The reference to “elevator screamers” is presumably about two women who said they were survivors of sexual assault and confronted Jeff Flake, the critical swing vote on the Senate judiciary committee, on his way to cast his vote last week to advance Kavanaugh’s nomination.
Protests this morning include a group of people drinking beer outside senate majority leader Mitch McConnell’s house. They are chanting “chug, chug, chug.”
Last week, Kavanaugh mentioned beer repeatedly in his testimony before the US senate judiciary committee.
There are people drinking PBR from red Solo cups outside Mitch McConnell’s house at this early hour. They are chanting “I like beer.”
LIVE: Anti-Kavanaugh protestors wake up Mitch McConnell at his DC home with a kegger party. "I LIKE BEER!" #CancelKanavaugh pic.twitter.com/shDuD90rbR
"What do we do with a drunken justice?" Protesters stage Kavanaugh confirmation kegger outside Mitch McConnell's home in advance of cloture vote #StopKavanaugh #CANCELKAVANAUGH pic.twitter.com/Ngd7masOck
In another incident sure to symbolise the cultural gulf between the mostly elderly, male Republican senators pushing Kavanaugh’s nomination and the young, female protesters appalled by it, Orrin Hatch of Utah was recorded telling a group of mostly female demonstrators to “grow up” when they confronted him at the Senate.
“Don’t you wave your hand at me,” one of the protesters told the senator.
Hatch replied: “When you grow up, I’ll be glad to.”
Audibly furious, one of the demonstrators says: “How dare you talk to women that way?”
Yesterday more than 300 protesters – including comedian Amy Schumer and model Emily Ratajkowski – were arrested at the US Capitol after demonstrating against Kavanaugh.
“Look at the polls over the last three or four days,” Donald Trump told a rally in Minnesota, “and it shows [Democrats’] rage-fueled resistance is starting to backfire at a level that nobody has ever seen before.”
The president was referring to polling that shows some improvement for Republicans heading into November’s midterm elections.
Liberals had hoped the controversy surrounding Kavanaugh would increase Democratic enthusiasm, help the party win the House, and perhaps even allow them to sneak a one-seat majority in the Senate.
In fact, it seems to be boosting Republicans as much as Democrats, according to an NPR/PBS/Marist poll.
NPR reports:
In July, there was a 10-point gap between the number of Democrats and Republicans saying the November elections were “very important.” Now, that is down to 2 points, a statistical tie.
Democrats’ advantage on which party’s candidate they are more likely to support has also been cut in half since last month. Democrats still retain a 6-point edge on that question, but it was 12 points after a Marist poll conducted in mid-September …
With Democrats already fired up for this election, the Kavanaugh confirmation fight has apparently had the effect of rousing a dormant GOP base.
One concrete example seems to be the Senate race in North Dakota, where Republican Kevin Cramer now seems to be about 9 points ahead of incumbent Democrat Heidi Heitkamp.
To Cramer’s evident delight, Heitkamp has said she will vote against Kavanaugh. “[The Kavanaugh hearings] proved to be perhaps the greatest political gift I’ve received in some time,” her opponent has said.
It’s possible, though, that if Kavanaugh is confirmed tomorrow the heat will go out of that battle for GOP voters and that surge may fade. But it is unlikely to fade for Democrats.
The Washington Post suggests that if senator Steve Daines heads to Montana to attend his daughter’s wedding tomorrow (see earlier), Republicans could wait till the early hours of Sunday so he can still cast his vote.
Daines’s vote will not be needed Saturday unless one Republican defects and Democrats stay unified against Kavanaugh. In that case, a Saturday evening session could be held open for hours into Sunday so Daines, who supports Kavanaugh, could return to Washington after the wedding and cast his vote.
If two Republicans vote against Kavanaugh today, and all Democrats also reject him, his nomination is over.
Four senators remain undecided. They are:
Jeff Flake (Rep, Arizona)
The frequent Trump critic dismayed liberals when he voted in favour of Kavanaugh in last week’s committee vote. But he then stunned Washington by insisting the FBI reopen its background check into the nominee. But Flake has said the background check contained “no additional corroborating information” about the claims against Kavanaugh, and it would be a surprise now if he voted against the judge.
Susan Collins (Rep, Maine)
One of the most liberal Republican senators, Collins called the FBI’s work “a very thorough investigation”.
Lisa Murkowski (Rep, Alaska)
Another senator on the left of the Republican party, Murkowski said on Thursday she was “still reviewing” which way to vote.
Joe Manchin (Dem, West Virginia)
The conservative Democrat remains the only senator in his party undecided about Kavanaugh. He is up for re-election in November in a state won by Trump in 2016 with a 42-point margin, and will be worried about losing votes if he rejects the president’s nominee. On the other hand, he has around a 10-point lead in the polls, so he may decide he can weather any backlash. Manchin was confronted by a protester on Thursday, who asked him: “Why are you going to vote yes on this?” “How do you know I’m going to?” the senator replied. Asked directly how he was going to vote, he said: “I can’t tell you now.”
Even if all these senators vote “yes” in today’s cloture vote - a procedural one to end debate on the issue - one or more could conceivably then switch sides for a final vote tomorrow.
Confirming Kavanaugh will be that bit harder for the Republicans if Senator Steve Daines of Montana goes ahead with his vow to attend his daughter’s wedding in his home state on Saturday, according to the Associated Press.
If Daines walks his daughter down the aisle instead of voting in the expected final vote on Kavanaugh’s nomination tomorrow, only one Republican “no” vote would sink the nominee – provided, that is, all Democrats vote against him too.
The Senate is divided 51-49 Republican to Democrat. In the event of a tie, vice-president Mike Pence has the casting vote.
Brett Kavanaugh took the unusual step on Thursday of taking the case for his confirmation to the US supreme court to the pages of the Wall Street Journal, admitting his Senate testimony “might have been too emotional” and insisting that he would be impartial if confirmed.
Kavanaugh’s aggressive demeanor and highly partisan statements - at one point he claimed the allegations against him were “revenge on behalf of the Clintons” – seemed designed to win over an audience of one: Donald Trump.
In that respect he was successful. The US president, who had been publicly wavering in his support for his nominee, came out strongly for Kavanaugh following his testimony, tweeting that “Judge Kavanaugh showed America exactly why I nominated him. His testimony was powerful, honest, and riveting.”
But Kavanaugh’s WSJ piece indicates that what went down well in the White House may not have been as welcome to some of the senators whose support he needs to be confirmed – most notably Republicans Susan Collins and Lisa Murkowski and conservative Democrat Joe Manchin.
He wrote:
I was very emotional last Thursday, more so than I have ever been. I might have been too emotional at times. I know that my tone was sharp, and I said a few things I should not have said. I hope everyone can understand that I was there as a son, husband and dad. I testified with five people foremost in my mind: my mom, my dad, my wife, and most of all my daughters.
Going forward, you can count on me to be the same kind of judge and person I have been for my entire 28-year legal career: hardworking, even-keeled, open-minded, independent and dedicated to the Constitution and the public good.
His comments came too late for one peer, former supreme court justice John Paul Stevens, who said on Thursday that Kavanaugh’s performance before the Senate judiciary committee had changed his mind about his fitness to serve on the highest court in the land.
“They suggest that he has demonstrated a potential bias involving enough potential litigants before the court that he would not be able to perform his full responsibilities,” Stevens said, comparing Kavanaugh unfavourably with Clarence Thomas, who faced sexual harassment accusations during his successful confirmation process in 1991.
“There’s nothing that Clarence did in the hearings that disqualified him from sitting in cases after he came on the court,” Stevens said.
Good morning and welcome
The US Senate is due to take a crucial vote on Friday on whether to advance Brett Kavanaugh’s nominate to the supreme court, with key senators still seemingly undecided on whether to vote to confirm him.
If 51 senators vote in favor of passing today’s “cloture vote”, the debate on his nomination must come to an end and Senate majority leader Mitch McConnell can move to a final ballot for Kavanaugh’s nomination.
That final vote could then come as early as Saturday.
The cloture vote comes one day after senators reviewed a supplemental FBI investigation into allegations that Kavanaugh sexually assaulted women three decades ago. Kavanaugh denies the allegations.
The limited FBI investigation was triggered after Christine Blasey Ford testified at a Senate hearing last week that Kavanaugh attempted to rape her when they were teenagers in high school.
The cloture vote will give an insight into how ready swing senators – such as Susan Collins, a Republican from Maine and Joe Manchin, a Democrat from West Virginia – are to vote on Kavanaugh.
Heading into the vote, two key Republicans, including Collins, expressed satisfaction with the findings in the report, indicating Kavanaugh could be confirmed by the senate.
We’ll have live updates on the vote – expected some time after 10.30am ET (3.30pm UK time) – as well as from the halls of Congress, which have been filled with protestors since Ford’s allegations were made public.
