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Saturday, October 6, 2018

Brett Kavanaugh confirmed by Senate in 50-48 vote, will ascend to Supreme Court

The Senate voted on Saturday to confirm Brett Kavanaugh as the newest member of the Supreme Court, voting largely along party lines to end an emotional weeks-long debate characterized by explosive allegations of sexual assault.

Kavanaugh, 53, a federal appeals court judge who investigated President Bill Clinton and worked for his successor, President George W. Bush, is President Donald Trump's second high court nominee in two years, following Justice Neil Gorsuch, who was confirmed in 2017.

Democrats' chances of successfully stopping Kavanaugh's confirmation were broadly viewed as slim throughout the majority of the confirmation process. Kavanaugh's record and character were extolled by conservative judicial groups, as well as some prominent figures on the left, including self-described "liberal feminist lawyer" Lisa Blatt.

But in September, Kavanaugh's seemingly clear path toward a winning vote in the GOP-controlled Senate was obstructed by a decades old accusation of sexual assault, which led to weeks of incendiary debate.

California professor Christine Blasey Ford sent a letter to California Democrat Rep. Anna Eshoo alleging that, in the 1980s, an intoxicated Kavanaugh and his classmate, Mark Judge, had pinned her down on a bed, covered her mouth and attempted to take her clothes off. Ford, Kavanaugh and Judge were all in high school at the time.

"They both laughed as Kavanaugh tried to disrobe me in their highly inebriated state," Ford, 51, wrote in the letter, which requested confidentiality. "With Kavanaugh's hand over my mouth I feared he may inadvertently kill me."

Kavanaugh vehemently denied the allegations. "This is a completely false allegation. I have never done anything like what the accuser describes—to her or anyone," he said in a statement on Sept. 17.

Judge told The New Yorker that he has "no recollection" of the incident as described by Ford.

Both Ford and Kavanaugh testified about the allegations in emotionally charged session before the Judiciary Committee in late September. The soft-spoken accuser was widely viewed as credible and sympathetic, while the judge's fiery, combative performance inspired conservatives, including the president, to amp up their support for him.

Senate Majority Leader Mitch McConnell had set in motion the process to quickly confirm Kavanaugh after the hearing, but retiring Sen. Jeff Flake, R-Ariz., pushed for a week-long delay so the FBI could re-open its background investigation into the judge to specifically look into the allegations against him. The brief probe, which was limited in scope, wrapped up before the one-week deadline.

Kavanaugh's nomination process had been politically fraught long before Ford's allegations surfaced.

Republicans and Democrats grappled for weeks over Kavanaugh's views on controversial legal rulings and the disclosure of hundreds of thousands of pages of documents related to the nominee.

Tensions between Republicans desperate to confirm Kavanaugh before the November midterm elections, and Democrats determined to slow down the process, boiled over in Senate Judiciary Committee hearings earlier in September.

Democrats grilled Kavanaugh on topics including the constitutionality of abortion, the possibility of indicting a sitting president and the limits of a president's pardon power. Kavanaugh, often citing the precedent set by prior nominees' judicial hearings, generally declined to discuss his views.

The two parties appeared mostly unified in support or opposition of Kavanaugh. But with Republicans holding a razor-thin majority in the Senate, a handful of politically moderate or electorally vulnerable senators on either side of the aisle quickly gained the most attention.

Among them was Collins, a pro-life Republican who had spoken positively of Kavanaugh and said he had told her that he considered the consequential 1973 Roe v. Wade case, which legalized abortion, as "settled law."

Three red-state Democratic senators — North Dakota's Heidi Heitkamp, Joe Donnelly of Indiana and Manchin — who voted for Gorsuch in 2017 had also come under intense scrutiny from journalists and advocacy groups. Heitkamp and Donnelly announced their opposition to Kavanaugh. On the other hand, Manchin announced his support for the nominee quickly after Collins made her announcement.

This is breaking news. Please check back for updates.

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