Senate Confirms Kavanaugh 50-48 Despite Sexual Assault Allegations and Severely Limited FBI Investigation

On October 6, 2018, the Senate confirmed Brett Kavanaugh to the Supreme Court by a vote of 50-48, making him the first justice in modern history confirmed with credible sexual assault allegations pending and despite obvious temperament problems that raised serious questions about his fitness for the bench. Senator Susan Collins of Maine provided the decisive vote after delivering a 45-minute floor speech claiming the FBI’s investigation had exonerated Kavanaugh—even though that investigation was severely limited to just one week, excluded interviews with Ford and Kavanaugh themselves, and involved a restricted witness list controlled by the White House. The confirmation created a 5-4 conservative majority that would expand to 6-3 with Amy Coney Barrett’s appointment, enabling the Court to overturn Roe v. Wade, grant sweeping presidential immunity, and systematically dismantle progressive precedents.

Susan Collins’ Decisive Vote and Flawed Reasoning

On October 5, 2018, Senator Susan Collins delivered a 45-minute speech on the Senate floor announcing she would vote to confirm Kavanaugh. Collins claimed that the FBI investigation had been “thorough” and that Ford’s allegations “fail to meet the ‘more likely than not’ standard.” Collins acknowledged: “I believe that she is a survivor of a sexual assault and that this trauma has upended her life.” Yet despite believing Ford experienced assault, Collins concluded “I do not believe that these charges can fairly prevent Judge Kavanaugh from serving on the court.” Collins’ tortured logic—believing Ford was assaulted but voting to confirm the man Ford was “100 percent certain” assaulted her—epitomized how institutional power would prioritize partisan judicial appointments over accountability. West Virginia Senator Joe Manchin announced his support for Kavanaugh immediately after Collins completed her speech, becoming the only Democrat to vote for confirmation.

The Severely Limited FBI Investigation

The FBI investigation that Collins claimed was “thorough” was in fact tightly constrained to prevent a meaningful examination of the allegations. The investigation lasted only one week, was restricted to a limited witness list controlled by the White House, and critically did not interview either Christine Blasey Ford or Brett Kavanaugh themselves—the two people most central to the allegations. Multiple witnesses who had relevant information came forward offering to speak with the FBI but were not contacted. Democrats characterized the investigation as “incomplete” and argued the White House had deliberately limited the FBI’s ability to conduct a credible investigation. The truncated investigation provided Republicans with political cover to claim they had investigated the allegations while ensuring the investigation would not uncover evidence that might derail the confirmation.

Protests and Public Outcry

The Kavanaugh confirmation process sparked extraordinary public protests, with survivors of sexual assault confronting senators at the Capitol, in elevators, and at their offices. Women were arrested protesting at the Capitol and outside senators’ offices, demanding that their experiences be heard and that credible allegations be taken seriously. The protests reflected broader frustration that even in the #MeToo era, when women were finally being believed and perpetrators held accountable in other institutions, the Senate would confirm a Supreme Court justice with credible assault allegations, obvious temperament problems, and possible perjury issues because Republicans had the votes to do so.

Significance

The October 6, 2018 confirmation of Brett Kavanaugh despite Christine Blasey Ford’s credible testimony, a severely limited FBI investigation, and Kavanaugh’s partisan, temperamental hearing performance demonstrated that accountability would not apply to Supreme Court nominees when Republicans controlled the confirmation process. Collins’ decisive vote—claiming to believe Ford was assaulted while voting to confirm the man Ford identified as her attacker—exemplified the Senate’s institutional failure. The confirmation signaled to assault survivors that their testimony, no matter how credible or emotionally devastating, would be subordinated to partisan power when politically convenient. Kavanaugh’s confirmation deepened the conservative Court majority to 5-4, enabling future rulings that would overturn Roe v. Wade and expand executive power. The 50-48 vote—made possible only because McConnell had eliminated the filibuster in 2017—showed that Supreme Court appointments no longer required bipartisan legitimacy or consensus about judicial temperament. Raw partisan power was sufficient.