Democratic Sen. Joe Donnelly voted against Supreme Court nominee Brett Kavanaugh's confirmation Saturday, as promised, unleashing a torrent of criticism from Republicans exactly one month before he faces Indiana voters on Election Day.

"Voting against Judge Kavanaugh today is just the latest example of Senator Donnelly saying one thing to Hoosiers and then doing another in Washington," Republican Mike Braun, Donnelly's opponent, said in a statement after Kavanaugh was confirmed on a 50-48 vote. "Instead of joining Hoosiers in supporting Kavanaugh, Senator Donnelly joined the Democrat media circus to smear and obstruct President Trump's nominee."

Donnelly joined all but one Democratic senator, West Virginia Democrat Joe Manchin, in opposing Kavanaugh. The Senate's razor-thin Republican majority made Kavanaugh the second justice President Donald Trump has appointed to the nation's highest court.

The Saturday vote ended an impassioned debate over Kavanaugh's judicial philosophy, temperament, history of drinking and treatment of women going back to his youth. The confirmation process transcended the U.S. Supreme Court, forcing a divided nation to confront raw and painful discussions about high school misbehavior, who receives the benefit of the doubt, the reasons why women don't report sexual assault and the fate of the #MeToo movement.

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Red state Democrats, including Donnelly, had to balance the tension of a national Democratic fervor to defeat Kavanaugh against Trump's popularity in their home states.

Donnelly has said he was swayed by Dr. Christine Blasey Ford's testimony that Kavanaugh sexually assaulted her when they were in high school. Donnelly announced his intention to oppose Kavanaugh Sept. 28 and reiterated his stance this week following the completion of a supplemental background check by the Federal Bureau of Investigation.

Kavanaugh has denied the accusations from Ford, as well as two other women who have come forward in recent weeks with allegations of sexual misconduct. Kavanaugh has condemned attacks against his nomination as politically motivated.

The FBI concluded its investigation and briefed senators late this week. While Democrats complained the White House constrained the FBI by dictating who agents could interview, Republicans were satisfied with the report.

Donnelly had appeared to leave himself some wiggle room during the past week, noting that he wanted an FBI investigation to provide more information. But he stuck to his original decision to oppose Kavanaugh's confirmation.

"I believe the process was unfair to everyone and unnecessarily divided the country," Donnelly said in a statement released after the vote. "Now that the Senate has confirmed Judge Kavanaugh, I am very hopeful for his success and for him to join the other justices to make decisions based on the constitution, our laws, and their collective wisdom."

Donnelly sought to make a distinction between Kavanaugh and Neil Gorsuch, Trump's first nominee. Donnelly noted he supported Gorsuch, who was confirmed in April 2017 on a relatively drama-free vote.

How Republicans, Democrats reacted to Donnelly's vote

The Kavanaugh decision could become a liability for Donnelly, a Democrat running for re-election in a state that Trump won by 19 percentage points in 2016. Republicans began hammering Donnelly within moments after Kavanaugh's confirmation became official.

“Joe Donnelly ignored Hoosier voters and caved to his liberal base and Democratic Party bosses by voting against Judge Brett Kavanaugh’s confirmation,” Bob Salera, a spokesman for the National Republican Senate Committee, said. “With one vote, Donnelly has demolished his phony moderate act and his betrayal of Hoosiers and their values will cost him his seat in November.”

Yet, Donnelly's opposition to Kavanaugh also has the potential to activate Indiana Democrats and left-leaning organizations.

Rev. Shannon MacVean Brown, the president of Act Indiana, which promotes racial justice, praised Donnelly's vote in a statement.

"We are grateful that one of Indiana’s senators, Joe Donnelly, did right by our families and voted ‘no’ on Kavanaugh," she said. "The challenging times ahead call for this kind of bold unwavering moral leadership. Women and people of moral integrity will take notice on Election Day.”

Indiana's junior senator, Todd Young, voted in favor of Kavanaugh's confirmation after explaining his decision a day earlier.

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Young joined all Republicans, except for Alaska Senator Lisa Murkowski, by voting in favor of Kavanaugh. Murkowski was opposed to Kavanaugh's confirmation, but voted present so Montana Republican Steve Daines, a Kavanaugh supporter, could attend his daughter's wedding without changing the outcome.

“Hoosiers expect results, and we have more work to do to ensure all Hoosiers can meaningfully participate in this growing economy," Young said in a statement. "I’m hopeful we can now move beyond the heightened rhetoric and political gamesmanship we have seen over the last several weeks and resume working together in a bipartisan way to deliver results for the American people.”

Young during a Friday conference call said Ford suffered "some trauma, probably some misconduct," but added he did not think Kavanaugh assaulted her.

Republicans, including Young, have argued that none of the accusations against Kavanaugh have been corroborated, while Democrats have blasted the follow-up FBI investigation — ordered by Trump — as too limited in scope to find the truth.

Young on Saturday emphasized he was satisfied with the FBI investigation.

“The accusations leveled against Judge Kavanaugh were serious and needed to be investigated," Young said. "Judge Kavanaugh and his accuser were each afforded the opportunity to tell their stories to the American people. Following that, the FBI investigated the claims as requested. During this scrutiny, and six previous background investigations, none of the accusations were corroborated in any way."

Protestors interrupt vote that concluded contentious process

Vice President Mike Pence presided over Saturday's vote, which was interrupted several times by shouts from protesters. Pence calmly pounded his gavel, frequently repeating, "The sergeant at arms will restore order in the gallery."

Following the vote, Pence issued a statement saying Trump has "kept his word to the American people to appoint judges who will interpret the Constitution as written and uphold the God-given liberties enshrined there."

Kavanaugh's path to the Supreme Court was not initially contentious aside from the typical partisan politics at play. When Trump nominated Kavanaugh after former justice Anthony Kennedy's retirement in June, many political observers anticipated another smooth, or at least unstoppable, confirmation process.

Before the allegations of sexual assault emerged, many believed Donnelly would vote for Kavanaugh based on the political tightrope he walks as a moderate Democrat in a conservative-leaning state. Donnelly is in a fierce battle for re-election against Braun.



The impact of the fight over Kavanaugh on midterm elections so far has been hard to measure. The Indiana Senate race was a statistical tie in the latest Fox News poll, conducted Sept. 29 to Oct. 2, after Ford gave her testimony to the Senate Judiciary Committee.

In a sampling of 695 likely voters, 43 percent said they plan to vote for Donnelly; 41 percent said they plan to vote for Braun; and 6 percent said they plan to vote for Libertarian candidate Lucy Brenton.

Donnelly's lead over Braun is within the 3.5 percent margin of error, essentially meaning the race is a statistical tie.

Braun likely will continue making an issue of Donnelly's vote on Kavanaugh in the remaining weeks before the Nov. 6 election.

"I am thrilled the Senate has confirmed Judge Kavanaugh," Braun said, "and look forward to the great work he will do to protect our Constitution on the Supreme Court."

Call IndyStar reporter James Briggs at 317-444-6307. Follow him on Twitter: @JamesEBriggs.

Call IndyStar reporter Chris Sikich at 317-444-6036. Follow him on Twitter: @ChrisSikich and at facebook.com/chris.sikich.

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