Sen. Jeff Flake, R-Ariz., said Friday morning he will vote to confirm Judge Brett Kavanaugh to the Supreme Court, a decision that greatly increases the chances the Senate will be able to confirm him in the coming days.
Flake’s support also means the Senate Judiciary Committee is expected to support Kavanaugh’s nomination when it votes at 1:30 p.m. on Friday. Flake sits on that committee, so his opposition would have made it impossible for the committee to support Kavanaugh, as it is made up of 11 Republicans and 10 Democrats.
Flake was one of the handful of Republican senators who could have tipped the 51-49 Senate against Kavanaugh, along with Sens. Susan Collins of Maine and Lisa Murkowski of Alaska. His decision to support Kavanaugh now means only Collins or Murkowski is need to confirm the nominee.
Flake said he initially planned to support Kavanaugh’s nomination “based on his view of the law and his record,” but called for the Senate Judiciary Committee to allow a woman, Christine Blasey Ford, to testify before the committee after accusing Kavanaugh of sexual assault.
That opportunity came Thursday when Ford and Kavanaugh faced the committee for a high-stakes hearing.
“Yesterday, we heard compelling testimony from Dr. Ford, as well as a persuasive response from Judge Kavanaugh. I wish that I could express the confidence that some of my colleagues have conveyed about what either did or did not happen in the early 1980s, but I left the hearing yesterday with as much doubt as certainty,” Flake said in a statement.
“What I do know is that our system of justice affords a presumption of innocence to the accused, absent corroborating evidence,” he added. “That is what binds us to the rule of law. 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.”
Flake’s Friday morning decision drew immediate criticism from opponents of Kavanaugh. Just after Flake’s office released his statement, the senator was confronted in a Senate elevator by a swarm of female protesters.
The group lambasted Flake for his intention to vote for Kavanaugh and told him that he is essentially telling women that “they don’t matter.”
“I was sexually assaulted and nobody believed me. I didn’t tell anyone and you’re telling all women that they don’t matter, that they should just stay quiet because if they tell you what happened to them you are going to ignore them,” one protester shouted at Flake.
“That is what happened to me and that is what you are telling all women in America,” she said.
“You are telling me that my assault doesn’t matter. That what happened to me doesn’t matter. You are going to let people who do these things into power,” the protester continued.
Flake listened to protesters for about 5 minutes before heading to the Senate Judiciary Committee vote on Kavanaugh’s nomination.
Senate Republicans are expected to hold a procedural vote Saturday, and a final vote by Tuesday to confirm Kavanaugh. Neither Collins nor Murkowski have said how they will vote, nor have some key Democrats who may end up supporting him.
Bobby Donachie contributed.
