Updated: Judiciary Committee Advances Judge Kavanaugh’s SCOTUS Nomination

Updated 9/28/18 at 6:30pm: The full Senate adopted the motion to proceed to Judge Kavanaugh's nomination this evening by voice vote. However, further procedural votes will be on hold until the completion of the FBI's supplemental background investigation into allegations of sexual assault against the nominee within the next week.

By adopting the motion to proceed, the Senate begins formal debate on the underlying bill or nomination. Debate can go on indefinitely until the Senate votes on a “cloture motion”, which limits debate to 30 hours after cloture is “invoked” (or adopted). And a cloture motion can only receive a vote once it's allowed to "ripen" for one full day after its introduction (unless the Senate unanimously agrees to take it up sooner).

Updated 9/28/18 at 5:00pm: White House Press Secretary Sarah Sanders tweeted the following statement from President Donald Trump:

"I've ordered the FBI to conduct a supplemental investigation to update Judge Kavanaugh's file. As the Senate has requested, this update must be limited in scope and completed in less than one week."

Updated 9/28/18 at 3:45pm: Senate Republicans have announced that a final confirmation vote on the Supreme Court nomination of Judge Brett Kavanaugh will be delayed pending a supplemental FBI investigation that is to be completed within one week from today.

The Senate will still convene on Saturday to vote on the motion to proceed at 12pm to start debate on the nomination from a procedural standpoint. Subsequent votes to limit debate on the nomination and confirm Kavanaugh will be delayed until the FBI probe is complete.

Updated 9/28/18 at 2:50pm: Momentum for delaying Judge Kavanaugh's confirmation vote while an FBI investigation that's limited in time and scope is building, as Sens. Lisa Murkowski (R-AK) and Joe Manchin (D-WV) expressed support for Jeff Flake's (R-AZ) suggestion.

For his part, President Donald Trump said when asked "I'm going to let the Senate handle that."

The Senate Judiciary Committee advanced the Supreme Court nomination of Judge Brett Kavanaugh on an 11-10 vote on Friday following Thursday’s emotional hearing that featured testimony from the nominee and Dr. Christine Blasey Ford who accused him of sexual assault.

What’s Next?

The full Senate was expected to take its first procedural vote on Kavanaugh’s nomination on Saturday morning at noon Eastern, when it was to vote on what’s known as a “motion to proceed”. That may now be delayed depending on whether an agreement can be struck with Sen. Jeff Flake (R-AZ), who expressed before voting to advance Kavanaugh out of committee that he’d only vote in favor of the nominee on the floor if there was a one week pause to allow the FBI conducted an investigation beforehand.

Democrats repeatedly called for an FBI investigation during yesterday’s hearing, while two key GOP votes ― Sens. Susan Collins (R-ME) and Lisa Murkowski (R-AK) haven’t said whether they’d vote for the nominee. Committee Republicans noted that Senate Majority Leader Mitch McConnell (R-KY) ultimately controls the floor schedule, and Flake told his colleagues he hadn’t reached yet an agreement to delay the planned weekend vote.

What Happens on the Floor?

By adopting the motion to proceed, the Senate begins formal debate on the underlying bill or nomination. Debate can go on indefinitely until the Senate votes on a “cloture motion”, which limits debate to 30 hours after cloture is “invoked” (or adopted).

Before the Senate can vote to invoke cloture, the cloture motion has to “ripen” for at least one full day after it’s introduced. So in this case, if Majority Leader Mitch McConnell were to introduce a cloture motion on Saturday after a motion to proceed is adopted, the earliest cloture can be invoked (ie debate can be limited) would be Monday.

How They Voted

YEA - 11

Sen. Chuck Grassley (R-IA)

Sen. Orrin Hatch (R-UT)

Sen. Lindsey Graham (R-SC)

Sen. John Cornyn (R-TX)

Sen. Mike Lee (R-UT)

Sen. Ted Cruz (R-TX)

Sen. Ben Sasse (R-NE)

Sen. Jeff Flake (R-AZ)

Sen. Mike Crapo (R-ID)

Sen. Thom Tillis (R-NC)

Sen. John Kennedy (R-LA)

NAY - 10

Sen. Dianne Feinstein (D-CA)

Sen. Patrick Leahy (D-VT)

Sen. Dick Durbin (D-IL)

Sen. Sheldon Whitehouse (D-RI)

Sen. Amy Klobuchar (D-MN)

Sen. Chris Coons (D-DE)

Sen. Richard Blumenthal (D-CT)

Sen. Mazie Hirono (D-HI)

Sen. Cory Booker (D-NJ)

Sen. Kamala Harris (D-CA)

Tell your senators how they should vote on Judge Kavanaugh’s nomination and share your thoughts below!

— Eric Revell

(Photo Credit: iStock.com / Sean Pavone)