Brett Kavanaugh's chances of being confirmed to the Supreme Court just got a whole lot better.
Sen. Jeff Flake, R-Ariz., released a statement Friday morning announcing his plans to support the judge’s confirmation.
“After hearing more than 30 hours of testimony from Judge Kavanaugh earlier this month, I was prepared to support his nomination based on his view of the law and his record as a judge. In fact, I commented at the time that had he been nominated in another era, he would have likely received 90+ votes,” the senator said.
Kavanaugh appeared before Congress Thursday to respond to allegations he attempted to rape a woman when they were both in high school in the 1980s. The judge repeatedly denied any wrongdoing and accused Democratic lawmakers of leading a partisan witch hunt.
Kavanaugh’s accuser, Christine Blasey Ford, testified as well.
Flake's statement continued, adding “When Dr. Ford’s allegations against Judge Kavanaugh surfaced two weeks ago, I insisted that she be allowed to testify before the committee moved to a vote. 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.”
“What I do know is that our system of justice affords a presumption of innocence to the accused, absent corroborating evidence. 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,” it concluded. “I will vote to confirm Judge Kavanaugh.”
By my count, Kavanaugh’s chances seem much better than they were when the first unverified and uncorroborated allegation was made against him in early September. Back then, moderates like Flake were signaling much hard they were uneasy with moving forward with his nomination.
The Senate is currently 51-49 in the GOP’s favor. If Flake is a “yes,” that means Kavanaugh’s confirmation fails only if both Sens. Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine, vote “nay,” (unless some other Republicans surprisingly votes against him).
If only Collins breaks off, that puts the count at 50-50, at which point Vice President Mike Pence is brought in as the tie-breaker. The same scenario applies if only Murkowski breaks off and Collins votes “yes.” The likelihood of Collins voting against her caucus is by no means a sure thing, especially considering the anger she has signaled in response to the criticism and harassment she has received from left-wing coalitions. Murkowski is a different story. The idea they both vote “nay” isn’t implausible, but it’s less likely than if only one of them breaks away.
And this all assumes that Kavanaugh doesn’t get a single vote from Democrats. That’s also not a sure bet. Sen. Joe Manchin, D-W.Va., still sounds like he can be persuaded, according to the Washington Examiner’s Susan Ferrechio.
“No decision's been made,” Manchin told reporters after a meeting with Flake, Murkowski, and Collins. “There are some things everyone is trying to ... get an answer to a few things and we’ll go from there.”
Again, nothing is a done deal. But with Flake on board, and if either Collins or Murkowski agree with him, Kavanaugh will be the next Supreme Court justice.