What Does Jeff Flake's Vote Mean? Brett Kavanaugh Is Still in the Running, For Now
To quote Senator Feinstein, "What?!"
If you were tuned into the Judiciary Committee hearing on Friday afternoon, you may have witnessed a confusing moment: Hours after Senator Jeff Flake, an Arizona Republican, announced in a statement that he would vote to confirm Supreme Court nominee Brett Kavanaugh, he showed up late to the vote and then asked for a delay on the Senate floor vote, pending an FBI investigation. A quick vote along the roll call occurred...and then the hearing was abruptly adjourned.
“What?” said Senator Dianne Feinstein, Democrat of California, as the committee left the room.
What indeed! It was super dramatic and also extremely confusing. Did he get confirmed? Who gets to vote now? Will there be an investigation or not?
A Timeline of What Just Went Down
- One day after Dr. Christine Blasey Ford’s harrowing testimony about Brett Kavanaugh’s alleged sexual assault, the Senate Judiciary Committee agreed to convene Friday morning in order to vote on Kavanaugh’s confirmation. If confirmed in committee, it would move to the Senate floor for a vote.
- Moments before the committee was called to order, Senator Flake—who had earlier expressed hesitation about Kavanaugh’s confirmation—released a statement that he would be voting to confirm after all.
- On his way up to the committee after releasing this statement, Senator Flake was accosted in the elevator by two sexual assault survivors, Maria Gallagher and Ana Maria Archila, who gave impassioned pleas for him to change his mind. You can read more on that interaction here.
- A motion to delay the vote was put forth and then denied by 11-10 margin along party lines. During statements, committee Republicans like Lindsey Graham and Ted Cruz decried the process of bringing Dr. Ford in to testify at all, and praised Kavanaugh’s passionate testimony from the day before.
- Democrats, meanwhile, urged to delay the vote in order to have the FBI investigate Dr. Ford’s claims. Many of them made a point to say, “I believe Dr. Ford.” Then there was a recess.
- The committee was set to reconvene at 1:30 p.m. EST for the vote, but Senator Jeff Flake and some of the committee Democrats had not re-entered the room by that time. Soon, Committee Chairman Chuck Grassley, a Republican Senator from Iowa, also left the room.
- Reports that Senator Flake was talking to Democrats about delaying the vote began coming out. Senator Lindsey Graham, a Republican from South Carolina, also briefly left.
- Around 1:45 p.m., the committee began filtering back in, including Jeff Flake. Chairman Grassley allowed him to speak. Flake told the committee that it would be “proper” to move to the floor and delay the vote there for up to a week, until an FBI investigation can perform the necessary due diligence.
- A motion to move the nomination to the floor was quickly and confusingly put to a vote. Republicans, including Senator Flake, voted yes. Senator Feinstein, who first talked to her aide, voted, “No, for the nominee.” The other committee Democrats followed her lead.
- The committee was adjourned by Chairman Grassley because of a “two-hour rule.”
So What Does That Mean?
Okay, so that’s what happened. What it means is this: The committee voted to confirm Kavanaugh for the Supreme Court, but the Senate vote “on the floor” will ultimately decide whether he becomes a Justice (SCOTUS Justices always have to be voted on by the full Senate).
It's important to note that it’s not actually up to Senator Flake to call for a delay or an FBI investigation—that will be left up to Senate Majority Leader Mitch McConnell and Democratic Senate Minority Leader Chuck Schumer.
What Flake essentially did was make clear that while he was voting to confirm Kavanaugh in committee, if a delay and FBI investigation don’t occur, he would reconsider voting to confirm during the vote on the Senate floor.
Your confusion is understandable. Yes there was a vote. The Senate Judiciary committee approved Kavanaugh’s nomination with Senator Flake saying he would vote yes to pass it out of committee to the full Senate, but could vote no there, unless the FBI investigates. #Kavanaugh https://t.co/7jcBR2ngKWSeptember 28, 2018
To some, this was seen as progress—maybe Flake was swayed by the brave survivors who accosted him. But others were less ready to give him props:
Stay In The Know
Get exclusive access to fashion and beauty trends, hot-off-the-press celebrity news, and more.
guys please stop acting like this is anything other than a "yes" vote with spineless PR attached to itSeptember 28, 2018
It's a lot of drama, and the FBI investigation might not even happen! Senator McConnell has been keen on rushing the floor vote as quickly as possible, saying earlier this week, “We're going to be moving forward. I'm confident we're going to win. I'm confident [Kavanaugh] will be confirmed in the very near future.”
Still, it would behoove him to push for an FBI investigation. With Senator Flake on the fence, and Republican senators Lisa Murkowski of Alaska and Susan Collins of Maine also expressing concern over Kavanaugh, the Republicans can’t afford to lose any more votes in this process, lest they risk Kavanaugh not getting confirmed at all. (The breakdown of the Senate is 51 Republicans to 49 Democrats, with Vice President Pence acting as the deciding vote in the case of a tie. If just two Republicans decided to vote "no" and all Democrats do so as well, Kavanaugh will not be confirmed.)
Basically, consider this a committee confirmation with a caveat, and hope that if an FBI investigation doesn’t happen that Senator Flake will stay true to his word.
More chaos to come next week. Great.
RELATED STORIES
Cady has been a writer and editor in Brooklyn for about 10 years. While her earlier career focused primarily on culture and music, her stories—both those she edited and those she wrote—over the last few years have tended to focus on environmentalism, reproductive rights, and feminist issues. She primarily contributes as a freelancer journalist on these subjects while pursuing her degrees. She held staff positions working in both print and online media, at Rolling Stone and Newsweek, and continued this work as a senior editor, first at Glamour until 2018, and then at Marie Claire magazine. She received her Master's in Environmental Conservation Education at New York University in 2021, and is now working toward her JF and Environmental Law Certificate at Elisabeth Haub School of Law in White Plains.
-
32 Great TV Shows That Capture What We Love About Our Closest Friendships
Watch these with your bestie (or when you miss them).
By Katherine J. Igoe Published
-
Princess Kate's Sculpted Cheeks Could Be the Work of This Insider-Loved Treatment
The technique also has Meghan Markle's stamp of approval.
By Hanna Lustig Published
-
Kaia Gerber Test-Drives Selena Gomez's Winter Shoe Styling Hack
There's still a way to wear those open-toe heels.
By Halie LeSavage Last updated
-
36 Ways Women Still Aren't Equal to Men
It's just one of the many ways women still aren't equal to men.
By Brooke Knappenberger Last updated
-
How New York's First Female Governor Plans to Fight for Women If Reelected
Kathy Hochul twice came to power because men resigned amid sexual harassment scandals. Here, how she's leading differently.
By Emily Tisch Sussman Last updated
-
Why the 2022 Midterm Elections Are So Critical
As we blaze through a highly charged midterm election season, Swing Left Executive Director Yasmin Radjy highlights rising stars who are fighting for women’s rights.
By Tanya Benedicto Klich Published
-
Tammy Duckworth: 'I’m Mad as Hell' About the Lack of Federal Action on Gun Safety
The Illinois Senator won't let the memory of the Highland Park shooting just fade away.
By Sen. Tammy Duckworth Published
-
Roe Is Gone. We Have to Keep Fighting.
Democracy always offers a path forward even when we feel thrust into the past.
By Beth Silvers and Sarah Stewart Holland, hosts of Pantsuit Politics Podcast Published
-
The Supreme Court's Mississippi Abortion Rights Case: What to Know
The case could threaten Roe v. Wade.
By Megan DiTrolio Published
-
Sex Trafficking Victims Are Being Punished. A New Law Could Change That.
Victims of sexual abuse are quietly criminalized. Sara's Law protects kids that fight back.
By Dr. Devin J. Buckley and Erin Regan Published
-
My Family and I Live in Navajo Nation. We Don't Have Access to Clean Running Water
"They say that the United States is one of the wealthiest countries in the world. Why are citizens still living with no access to clean water?"
By Amanda L. As Told To Rachel Epstein Published