Neomi Rao came under particular scrutiny for an article she wrote as an undergraduate at Yale, in which she said that if a woman “drinks to the point where she can no longer choose, well, getting to that point was part of her choice.” | Zach Gibson/Getty Images legal Trump judicial nominee Rao faces uncertain committee vote

On the eve of a crucial vote, it’s unclear whether judicial nominee Neomi Rao will receive a favorable recommendation from the Senate Judiciary Committee.

The GOP-controlled panel will vote Thursday on whether to send Rao’s D.C. Circuit Court of Appeals nomination to the Senate floor. If confirmed, Rao would replace Supreme Court Justice Brett Kavanaugh on the country’s second most powerful court.


But Rao, who is head of the White House Office of Information and Regulatory Affairs, has come under scrutiny during her confirmation process from Republican members of the Judiciary Committee over her college writings and academic papers, even as she’s faced strong opposition from Democrats.

A bipartisan rebuff on the committee wouldn’t doom her nomination, but it would be an embarrassing outcome for President Donald Trump and the GOP.

Sen. Josh Hawley (R-Mo.) remains undecided on Rao’s nomination and met with her Wednesday afternoon, after voicing concerns over her views on abortion and interpretation of constitutional law, particularly on “substantive due process.”

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“That strange phrase stands for a dangerous doctrine in constitutional law that has allowed power-hungry judges to invent new ‘implied rights’ out of thin air and usurp the will of We the People,” Hawley wrote in an op-ed Wednesday published in The Federalist, a conservative website. “It’s the doctrine used to justify Roe v. Wade.”

Prior to his meeting with Rao, Hawley told reporters he would have a discussion with her about her “overall approach to judging.” He also said that he has been in regular touch with the White House on the nomination.

“I was sent here to ask tough questions, to vet these nominees and to do my job and that’s what I’m doing,” added the freshman senator.

Hawley is not the only GOP senator to have doubts about Rao. Sen. Tom Cotton, a conservative from Arkansas, also has had concerns about the nomination, according to the Washington Post. Cotton’s office declined to comment on the report.

Hawley’s public wavering on Rao prompted a backlash from conservative groups. The Judicial Crisis Network, a conservative legal group, plans to spend $500,000 on a television, radio and digital ad buy in Missouri next week, intended to pressure Hawley to back Rao’s nomination.

Sen. John Cornyn (R-Texas), a member of the Senate Judiciary Committee, defended Hawley Wednesday but predicted Rao would be confirmed.

“I think that’s what advice and consent is all about, he’s got to satisfy himself on the nomination — looks to me like he’s doing his due diligence,” he said, adding that he supports Rao.

But former Senate Judiciary Chairman Chuck Grassley (R-Iowa) appeared perplexed by Hawley’s position.

“I think she’s pretty much a constitutionalist so I’m not sure why a conservative would be against her,” Grassley. “I heard it had something to do with life issues, but I just assumed she was OK on that.”

Hawley’s op-ed Wednesday acknowledged the criticism he’s received, but he pledged to “keep asking” questions.

Even with an unfavorable vote from the committee, Senate Majority Leader Mitch McConnell can still bring Rao’s nomination to the floor. And with Senate Republicans holding a 53-47 majority, she appears slated for confirmation, even if Hawley decided to vote against her.

Rao’s nomination received a boost Wednesday from Sen. Joni Ernst (R-Iowa), who is one of two Republican women on the Senate Judiciary Committee. Ernst told POLITICO that she is “leaning towards a yes” on voting for Rao, after grilling her on her views of date rape and gender equality.

Rao came under particular scrutiny for an article she wrote as an undergraduate at Yale, in which she said that if a woman “drinks to the point where she can no longer choose, well, getting to that point was part of her choice.”

Rao later sent a letter to Senate Judiciary Chairman Lindsey Graham (R-S.C.) and Ranking Member Dianne Feinstein (D-Calif.) expressing regret for her past remarks.

“I feel much better about her, I really do, after our meeting and she provided a very well thought-through letter explaining her positions, where she is now, so I do feel better,” Ernst said.