Two red-state Democratic senators in tough re-election battles announced Friday they will vote against Supreme Court nominee Brett Kavanaugh, putting them on record opposing President Trump on a major issue just weeks before Election Day.
Sens. Joe Donnelly of Indiana and Jon Tester of Montana said they cannot back Judge Kavanaugh.
Mr. Donnelly said he made his decision after watching Thursday’s hearing involving a 36-year-old sexual assault allegation and the lack of a full FBI probe into the matter.
“As I have made clear before, sexual assault has no place in our society,” the Indiana Democrat said in a statement. “When it does occur, we should listen to the survivors and work to ensure it never happens again. That should not be a partisan issue.”
Mr. Tester shared those concerns but also said he questioned Judge Kavanaugh’s past rulings on issues of privacy and campaign finance and “personal health decisions.”
He said he had sought a time to sit down with Judge Kavanaugh to talk those through, but the nominee never agreed, leaving the senator with no choice but to judge him on his testimony.
“I’ll be voting against him,” the senator said.
Mr. Tester is running for re-election in a state Mr. Trump won by more than 20 percentage points in 2016.
In Indiana, where Mr. Donnelly is running, Mr. Trump won by 19 points.
Mr. Donnelly’s Republican challenger, Mike Braun, said the announcement demonstrated Mr. Donnelly chose liberal Democratic leaders over Indiana voters.
“Donnelly’s decision to oppose President Trump’s highly qualified nominee is a grave mistake, but proves he is more concerned with standing with his liberal Democrat leaders than standing for Hoosiers,” Mr. Braun said. “I continue to strongly support Judge Kavanaugh’s confirmation to the Supreme Court.”
Mr. Donnelly and Mr. Tester join another red-state Democrat, Sen. Claire McCaskill of Missouri, who announced her opposition before the hearing Thursday where California psychologist and university professor Christine Blasey Ford gave emotional testimony about being sexually assaulted.
She says Judge Kavanaugh forced himself on her at a high school party when she was 15 and he was 17.
At the hearing, Judge Kavanaugh vehemently denied his involvement in any case of sexual harassment.
Democrats insisted that another FBI investigation was needed to explore the allegation.
Republicans called it a stalling tactic.
“My job as a senator is to gather as much information as I can to make the best-informed decision,” Mr. Donnelly said. “The allegations made against Judge Kavanaugh are disturbing and credible. In the interest of getting as much information as possible, I believe the allegations should be investigated by the FBI.”
He said he had “deep reservations” about Judge Kavanaugh but would “gladly welcome the opportunity to work with President Trump on a new nominee for this critically important position.”
• S.A. Miller can be reached at smiller@washingtontimes.com.
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