Senator Jeff Flake of Arizona was the first of several key swing voters on Friday to publicly pledge support for embattled Supreme Court nominee Brett Kavanaugh as the Senate moves to confirm Kavanaugh as soon as next week. But Flake later threw the process into further doubt when he announced he was only voting to move Kavanaugh through the Senate Judiciary Committee on the basis that there be an FBI investigation and a delay to a vote on the Senate floor for no more than one week.
Senators Joe Donnelly and Jon Tester on Friday later said that they would be voting against Kavanaugh. But there are still as many as six other lawmakers who could ultimately decide the judge's fate. Currently, 50 Republicans have backed Kavanaugh while 47 Democrats are against, with a mix of four senators from both parties still undecided, at least publicly.
Senators Joe Manchin, Lisa Murkowski, Jon Kyl and Mike Enzi could each represent a vote of "no" against Kavanaugh's appointment. Manchin, Donnelly, Collins and Murkowski have reportedly decided that they will all vote the same way.
Manchin, Heitkamp and Donnelly, all Democrats, face difficult re-election campaigns in states that voted for President Donald Trump in 2016. How they vote could ultimately decide their elections.
Heitkamp issued a statement after Christine Blasey Ford and Kavanaugh testified Thursday, and while she called for the FBI to investigate Ford's claim of sexual assault against Kavanaugh, she did not state exactly which way she would vote.
But, Heitkamp revealed Thursday she would vote against Kavanaugh, telling WDAY ABC that while "the process has been bad" she still would vote "no."
Enzi remains a very slight wild card but is expected to vote with fellow Republicans.
Senator Jon Kyl of Arizona, who took over following the death of John McCain, was previously viewed as a solid vote for Kavanaugh but he too has not stated how he plans to vote. A spokesperson told The Arizona Republic that Kyl would "make his statement regarding Judge Kavanaugh's nomination during the debate on the Senate floor."
After a dramatic intervention by Flake in pressing the Senate Judiciary Committee, the FBI was tasked with conducting a supplementary background investigation of Kavanaugh on Friday. The FBI concluded its probe and issued findings to the Senate late Wednesday, after which senators were allowed to review the materials in a secure area. Following their review of the FBI's interviews with nine witnesses, both Flake and Collins appeared to be leaning toward approving Kavanaugh.
Sen. Collins says "it appears to be a very thorough investigation." She plans to go back and read the full report later
— Jeremy Herb (@jeremyherb) October 4, 2018
FLAKE leaves briefing on the FBI supplemental background investigation saying he plans to go back and read more of the report, but says he saw “No additional corroborating Information.”
— Frank Thorp V (@frankthorp) October 4, 2018
Below is a running tally of senators who have publicly stated how they plan to vote, have shown outsize support or criticism for Kavanaugh throughout his confirmation process, or are likely to vote along party lines.
Fence
Senator Joe Manchin (D) of West Virginia
Senator Jon Kyl (R) of Arizona
Senator Lisa Murkowski (R) of Alaska
Senator Jeff Flake (R) of Arizona
Senator Susan Collins (R) of Maine
Yes
Senate Majority Leader Mitch McConnell (R) of Kentucky
My statement on Judge Brett Kavanaughhttps://t.co/w2eXz8GNr1
— Leader McConnell (@senatemajldr) September 28, 2018
Senator Bob Corker (R) of Tennessee
I plan to vote to confirm Judge Brett Kavanaugh. My full statement: pic.twitter.com/LDj4epYyhc
— Senator Bob Corker (@SenBobCorker) September 28, 2018
Senator Lindsey Graham (R) of South Carolina
Senator Ted Cruz (R) of Texas
Senator Chuck Grassley (R) of Iowa
JUST IN: Sen. Jeff Flake: "I will vote to confirm Judge Kavanaugh.” https://t.co/AMrTSO5iHL pic.twitter.com/9kSwXqp8wp
— ABC News (@ABC) September 28, 2018
Senator Deb Fischer (R) of Nebraska
Senator John Cornyn (R) of Texas
Senator Lamar Alexander (R) of Tennessee
My statement on Judge Brett Kavanaugh’s nomination to the Supreme Court of the United States. pic.twitter.com/ttfsmsWump
— Sen. Lamar Alexander (@SenAlexander) September 27, 2018
Senator Orrin Hatch (R) of Utah
Senator Mike Lee (R) of Utah
Senator Mike Enzi (R) of Wyoming
Senator John Barrasso (R) Wyoming
Senator John Boozman (R) of Arkansas
Senator James Risch (R) of Idaho
Senator James Lankford (R) of Oklahoma
Senator Corey Gardner (R) of Colorado
Senator John Hoeven (R) North Dakota
Senator Ron Johnson (R) of Wisconsin
Senator John Thune of South Dakota
Throughout this process, I’ve tried to follow where the facts lead, and despite hearing powerful testimony from Dr. Ford and Judge Kavanaugh, we didn’t learn anything we didn’t already know. My opinion of the judge hasn't changed, and the process should proceed. #ConfirmKavanaugh
— Senator John Thune (@SenJohnThune) September 28, 2018
Senator Johnny Isakson (R) of Georgia
Senator Dean Heller (R) of Nevada
Senator Bill Cassidy (R) of Lousiana
Enough with the delays. It’s time to #ConfirmJudgeKavanaugh and bring Washington Democrats’ shameful smear campaign to an end. #ConfirmKavanaugh https://t.co/uypNQzFZ1g
— U.S. Senator Bill Cassidy, M.D. (@SenBillCassidy) September 27, 2018
Senator Ben Sasse (R) of Nebraska
Senator David Perdue (R) of Georgia
Senator Thom Tillis (R) of North Carolina
My statement on the @senjudiciary #KavanaughHearing. https://t.co/IuWBW2YGKa
— Senator Thom Tillis (@SenThomTillis) September 28, 2018
Senator Roger Wicker (R) of Mississippi
Senator John Kennedy (R) of Louisiana
Senator Mike Crapo (R) of Idaho
Patrick Toomey (R) of Pennsylvania
Senator Roy Blunt (R) of Missouri
Senator Richard Burr (R) of North Carolina
Senator Dan Sullivan (R) of Arkansas
Senator Pat Roberts (R) of Kansas
Senator Jerry Moran (R) of Kansas
Senator Tom Cotton (R) of Arkansas
Judge Kavanaugh gave compelling testimony, with specific and detailed recollection. His testimony is corroborated by multiple other statements and evidence. The Democrats’ disgraceful smear campaign of character assassination must come to an end. It’s time for the Senate to vote.
— Tom Cotton (@SenTomCotton) September 27, 2018
Senator Tim Scott (R) of South Carolina
Senator Joni Ernst (R) of Iowa
Senator Rob Portman of (R) Ohio
Senator Mike Rounds (R) of South Dakota
Senator Marco Rubio (R) of Florida
Senator Shelley Capito (R) of West Virginia
Senator Steve Daines (R) Montana
Senator Todd Young of (R) Indiana
Senator Cindy Hyde-Smith (R) of Mississippi
Senator Rand Paul (R) of Kentucky
Senator Richard Shelby (R) of Alabama
Senator James Inhofe (R) of Oklahoma
Judge Kavanaugh has proven time and time again that @POTUS made the right choice for the Supreme Court—he did so again today with his testimony. It’s time to confirm Judge Kavanaugh. https://t.co/t6BuZuhnHZ
— Sen. Jim Inhofe (@JimInhofe) September 28, 2018
No
Senator Joe Donnelly (D) of Indiana
Senator Jon Tester (D) of Montana
Senator Heidi Heitkamp (D) of North Dakota
Senator Doug Jones (D) of Alabama
I have called for:
— Doug Jones (@DougJones) September 28, 2018
—Complete disclosure of all documents
—Subpoena Mark Judge
—Postpone the vote
Dr. Ford was credible & courageous.
What message will we send to our daughters & sons, let alone sexual assault victims?
The message I will send is this—I vote no. #RightSideofHistory
Senator Bill Nelson (D) of Florida
I will vote no on Judge Kavanaugh.
— Bill Nelson (@SenBillNelson) September 28, 2018
Senator Cory Booker (D) of New Jersey
Senator Ben Cardin (D) of Maryland
Judge #Kavanaugh's open hostility for @JudiciaryDems compels me to question whether he is truly the impartial, apolitical jurist he claims.
— Senator Ben Cardin (@SenatorCardin) September 27, 2018
Senator Tom Carper (D) of Delaware
Senator Dick Durbin (D) of Illinois
Senator Diane Feinstein (D) of California
Senator Kirsten Gillibrand (D) of New York
Any senator who votes to confirm Judge Kavanaugh after Dr. Ford’s testimony is telling our country exactly this: the experiences of women don’t matter. Their trauma doesn’t matter. Their stories and their voices don’t matter.
— Kirsten Gillibrand (@SenGillibrand) September 28, 2018
Senator Kamala Harris (D) of California
Senator Richard Blumenthal (D) of Connecticut
Senator Mazie Hirono (D) of Hawaii
Senator Chris Van Hollen (D) Maryland
Senator Bob Menendez (D) of New Jersey
Senator Michael Bennet (D) of Colorado
Senator Tom Udall (D) of New Mexico
Senator Mark Warner (D) of Virginia
Senator Chris Coons (D) of Delaware
Senator Tina Smith (D) of Minnesota
Watching the Senate Judiciary Committee hearing today, and considering all we know about Judge Kavanaugh, it is absolutely clear that my decision to oppose his lifelong appointment to the Supreme Court is the right one.
— Senator Tina Smith (@SenTinaSmith) September 27, 2018
Senator Amy Klobuchar (D) of Minnesota
Senator Brian Schatz (D) of Hawaii
Senator Jeanne Shaheen (D) of New Hampshire
Senator Ron Wyden (D) of Oregon
Senator Bernie Sanders (I) of Vermont
Senator Debbie Stabenow (D) of Michigan
Senator Martin Heinrich (D) of New Mexico
I've been watching today's hearing closely. I believe Dr. Blasey Ford.
— Martin Heinrich (@MartinHeinrich) September 27, 2018
Senator Sheldon Whitehouse (D) of Rhode Island
Senator Patrick Leahy (D) of Vermont
Senator Tammy Baldwin (D) of Wisconsin
Senator Edward Markey (D) Massachusetts
Senator Sherrod Brown (D) of Ohio
While I had already decided not to support Judge Kavanaugh based on his history of siding with corporations and Wall Street over workers, Dr. Ford’s testimony today was a powerful moment for our country. -SB
— Sherrod Brown (@SenSherrodBrown) September 27, 2018
Senator Maria Cantwell (D) of Washington
Senator Maggie Hassan (D) of New Hampshire
Senator Gary Peters (D) of Michigan
Senator Jack Reed (D) of Rhode Island
Senator Jeff Merkley (D) of Oregon
Senator Patty Murray (D) of Washington
Senator Bob Casey (D) of Pennsylvania
I believe Dr. Christine Blasey Ford. It is appalling that the White House and Senate Republicans would move forward with this nomination without an FBI investigation into these allegations. As I have said before, I will vote against his nomination.
— Senator Bob Casey (@SenBobCasey) September 28, 2018
Senator Tim Kaine (D) of Virginia
Senator Angus King (I) of Maine
Brett Kavanaugh’s nomination is one of the most important votes I will take in the Senate – and after carefully studying his record (at least the part that is available) and judicial philosophy, I have decided that I will vote no on his confirmation. My full statement: pic.twitter.com/hURIXfcthp
— Senator Angus King (@SenAngusKing) September 12, 2018
Senator Claire McCaskill (D) of Missouri
Senator Chris Murphy (D) of Connecticut
Senator Elizabeth Warren (D) of Massachusetts
Senator Catherine Cortez Masto (D) of Nevada
Senator Tammy Duckworth (D) of Illinois
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