WASHINGTON, D.C. — U.S. Senator Joe Manchin announced Friday he intends to vote for the Supreme Court confirmation of Judge Brett Kavanaugh, breaking ranks with Democrats in the contentious debate.
Manchin’s cross-over vote, combined with Republican Sen. Susan Collins of Maine, gives Kavanaugh the majority needed for confirmation in a final vote Saturday. The GOP holds a 51-49 edge in the Senate, but the margin narrowed when Sen. Lisa Murkowski of Alaska became the lone Republican to say she would oppose Kavanaugh.
After several days of #MeToo protestors confronting lawmakers, Manchin released a statement explaining his decision:
“From the start of this process, I promised my constituents that I would look seriously at Judge Kavanaugh’s record and cast my vote based on the facts I have before me and what is best for West Virginia. I met with the nominee for over two hours, attended his hearings, spoke with constitutional experts, and heard from thousands of West Virginians.
“I have reservations about this vote given the serious accusations against Judge Kavanaugh and the temperament he displayed in the hearing. And my heart goes out to anyone who has experienced any type of sexual assault in their life. However, based on all of the information I have available to me, including the recently completed FBI report, I have found Judge Kavanaugh to be a qualified jurist who will follow the Constitution and determine cases based on the legal findings before him. I do hope that Judge Kavanaugh will not allow the partisan nature this process took to follow him onto the court.”
Amid the flurry of uncorroborated allegations, Manchin reiterated that the nominee’s position on the Affordable Care Act also weighed heavily.
“With respect to any cases that may come before him impacting the 800,000 West Virginians with pre-existing conditions, Judge Kavanaugh assured me personally that he would consider the human impacts and approach any decision with surgical precision to avoid unintended consequences.”
Earlier Friday morning, Manchin voted “yes” during a procedural vote to end debate.
It was a vote that spawned more protests outside of Manchin’s re-election campaign headquarters in downtown Charleston.
Caitlyn Gaffin, who met with Manchin face-to-face Thursday in Washington, said she was disappointed by his stance, though not surprised.
“I was hoping today that he would sort of keep those survivor stories with him, keep the voices of his constituents with him,” said Gaffin, who described herself as a sexual assault survivor.
Manchin remained undecided on Kavanaugh until the final hour, claiming Friday morning that he probably wouldn’t make up his mind on the procedural vote until he entered the Senate Chamber.
Manchin was one of the last senators to vote. He wasn’t in the Senate chamber the first time his name was called. Various reports indicated Manchin was sitting in his seat in the Senate when the voting started at 10:30 a.m. but got up and left until returning toward the end of the voting.
A spokesman for state Attorney General Patrick Morrisey, Manchin’s opponent in the upcoming general election, said Manchin delayed his vote until the issue was decided.
“Joe Manchin’s pile-on today is why ‘Washington sucks.’ West Virginians witnessed why Joe Manchin is just another craven politically calculating politician, only doing the right thing once the outcome had already been determined,” Nathan Brand said. “West Virginia voters understand that Sideline Joe is just a gutless, dishonest Washington liberal, who will do whatever it takes to try to get re-elected.”
The final vote on Kavanaugh is set for sometime Saturday. Gaffin said Manchin could still change his mind.
“I’m still holding out hope,” she said.
In the MetroNews Dominion Post West Virginia Poll released last month, 62 percent of likely voters in the Mountain State said they wanted Manchin to vote to confirm Kavanaugh. Thirty-eight percent say no, that Manchin should not vote in favor of Kavanaugh’s confirmation.
In late July, Manchin was the first Democrat to meet with Kavanaugh, saying afterward that the two-hour meeting was “very productive.” He took no public position, though.
In early July, Manchin said he would give the nomination significant consideration.
“As the Senator from West Virginia, I have a constitutional obligation to advise and consent on a nominee to fill Supreme Court vacancies and I take that responsibility seriously,” Manchin stated then.
“Just as I did when Merrick Garland and Neil Gorsuch were nominated, I will evaluate Judge Kavanaugh’s record, legal qualifications, judicial philosophy and particularly, his views on healthcare.”
In a poll released last week by the Judicial Crisis Network, which has spent millions of dollars in West Virginia in support of Kavanaugh’s nomination, said a vote by Manchin in favor of Kavanaugh by Manchin would cause 33 percent of Democrats to be more likely to vote for Manchin in his race against state Attorney General Patrick Morrisey while 23 percent would be less like. Forty-three percent of Democrats surveyed said it wouldn’t make a difference.
In that same poll, 43 percent of Republicans said they would be more likely to vote for Manchin if he’s a “yes” vote on Kavanaugh. A similar 43 percent of Republicans said it would make no difference.
