DeVos nomination stands at 50-50 It could come down to Vice President Mike Pence, in what would be a history-making confirmation vote.

Betsy DeVos has no votes to spare heading into a looming confirmation vote next week.

Republican Sens. Susan Collins and Lisa Murkowski said Wednesday they will vote against the Education Department nominee. That could very well mean a 50-50 standoff on the Senate floor — and Vice President Mike Pence being called in to put DeVos over the top. Republicans have a 52-48 majority, and no Democrats are expected to support the prospective education chief.


Senior leadership aides are confident DeVos will prevail in a likely floor vote Monday. After Collins and Murkowski announced their opposition Wednesday, a wave of undecided GOP senators broke DeVos' way.

“Due to her commitment to improve our nation’s school system for all students and her focus on increasing parental engagement, I am supporting Betsy DeVos as our nation’s next secretary of education," Sen. Dean Heller (R-Nev.), who was seen as the final potential swing vote, said late Wednesday afternoon. "I believe Betsy DeVos is the right choice for this position."

If Pence is enlisted to break a tie, it would be the first time a vice president ensured the confirmation of a Cabinet nominee.

The back-to-back announcements by Collins and Murkowski created several hours of drama on Wednesday, raising liberals' hopes of sinking a Trump nominee.

"This is not a decision I make lightly. I have a great deal of respect for Mrs. DeVos," Collins said on the floor on Wednesday. "I will not, cannot vote to confirm her."

Several Republicans, including Rob Portman of Ohio and Pat Toomey of Pennsylvania, began breaking "yes" for DeVos after Murkowski and Collins came out against her. Heller is up for reelection in 2018 and is viewed by Democrats as the most vulnerable GOP incumbent.

Now, if Republicans are able to make sure they don't have attendance problems, DeVos is likely to be confirmed on Monday.

In an interview, Collins said she will allow DeVos to advance to a final vote, before opposing her. Likewise, Murkowski said she will oppose DeVos on final passage, a shocking rebellion against President Donald Trump that rippled through the Capitol.

“I have heard from thousands, truly, thousands of Alaskans who have shared their concerns about Mrs. DeVos," Murkowski said. "I do not intend to vote on final passage to support Mrs. DeVos."

DeVos, a GOP megadonor and education advocate who has long pushed for charter schools and K-12 tuition vouchers using public funds, has encountered criticism from both parties since Trump nominated her.

Both Republicans have expressed concerns about her support for voucher programs, which were emphasized in Trump’s $20 billion school choice proposal rolled out on the campaign trail. DeVos has drawn bipartisan criticism for her views on education, though Republicans have been working to usher her through.

Republicans said privately that Collins and Murkowski waited to announce their opposition once the rest of the votes for DeVos were locked up. They said the rest of the GOP is firmly behind DeVos.

"She has the votes and will be confirmed," said a senior GOP aide.

Both Collins and Murkowski supported DeVos in a committee hearing on Tuesday, saying they did not want to block the full Senate from having its say. Sen. Lamar Alexander (R-Tenn.), who heads the Senate committee that works on education issues, thanked Collins and Murkowski for not obstructing the process. Alexander defended DeVos on the Senate floor, saying she will be an "excellent education secretary."

"I believe we are going to confirm her," Alexander said in an interview. He said Collins and Murkowski were "being consistent." They had opposed DeVos' nomination but "wanted to let all senators vote on this nomination." Both Republicans routinely helped advance President Barack Obama's nominations, as well.

"They are being institutionalists, in my opinion. This is how the Senate used to work," Alexander said.

The margin for DeVos narrowed significantly after Sen. Joe Manchin (D-W.Va.) announced he will oppose DeVos. Manchin has been mostly supportive of Trump's nominees but said DeVos has shown a lack of understanding for public schools.

“Betsy DeVos has never attended or worked in a public school. The needs facing rural schools in West Virginia are unique and her lack of exposure to public education is very concerning for me," Manchin said. "Every child in West Virginia deserves a quality education and I do not believe that Betsy DeVos is qualified to serve in this role, which is so vital to the future of our state.”

A DeVos adviser said administration officials are still sure DeVos can hold the rest of the GOP together.

"Who else are they going to peel? I don't think they can peel anyone else,” the adviser said. “I have a pretty high level of confidence that she's going to get through.”

White House spokesman Sean Spicer was more adamant, declaring Wednesday he is "100 percent confident she will be the next secretary of education."

The Senate began voting to advance DeVos' nomination on Wednesday afternoon, but the real show will be her final confirmation vote. Democrats are doing everything they can to delay the confirmation and encourage voters to call their senators and urge them to oppose her.

Democrats were unhappy with DeVos from the start. But her lackluster performance at her confirmation hearing, in which she seemed confused by federal special education law and referenced a Wyoming school with a grizzly bear problem when asked about gun policy, made her a social media sensation and help galvanize the opposition.

Both Republican and Democratic senators say they've been flooded with thousands of phone calls, emails and letters related to DeVos’ nomination — mostly in opposition.

Seung Min Kim, Josh Dawsey and John Bresnahan contributed to this report.

