Senate advances DeVos's nomination, setting her up for final vote

Betsy DeVos, Trump’s pick to lead the Department of Education, overcame a key Senate hurdle early Friday morning, clearing the path for her expected confirmation.

Senators voted 52-48 to advance DeVos’s nomination. No Democrats voted yes.

The vote, which came during a rare Friday session, sets up lawmakers to take a final vote early next week. 

Vice President Pence is expected to have to break a 50-50 tie, the first time a vice president will cast the deciding vote on a Cabinet nomination.

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Senate rules require an extra 30 hours of debate before senators can confirm DeVos. If Democrats refuse to yield back time and drag out the procedural clock, they could push a final vote until Tuesday.

Republicans have no room for error to clear DeVos, with GOP Sens. Susan CollinsSusan Margaret CollinsCorker mocks White House as 'public relations firm' for Saudi crown prince McConnell, Flake clash over protecting Mueller probe Overnight Defense — Presented by Raytheon — Border deployment 'peaked' at 5,800 troops | Trump sanctions 17 Saudis over Khashoggi killing | Senators offer bill to press Trump on Saudis | Paul effort to block Bahrain arms sale fails MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiMcConnell, Flake clash over protecting Mueller probe Dems slam Trump’s energy regulator nominee Ernst elected to Senate GOP leadership MORE (Alaska) saying they’ll vote against her.

The GOP mega-donor has been the subject of fierce opposition from teachers unions and other liberal groups opposed to her support for charter schools and tuition vouchers using public funds.

Opponents are hoping to peel off a third Republican senator but appear unlikely to succeed.

Sen. Pat Toomey (R-Pa.), whom the Huffington Post reported as the “best option” for sinking the nomination, announced his support for DeVos late Thursday.

“I am pleased to vote to confirm Betsy DeVos as Secretary of Education,” he said in a statement. “Too many American kids are being left behind every day. That is not acceptable to Betsy DeVos, and it is not acceptable to me.”

GOP Sens. John HoevenJohn Henry HoevenGOP nerves on edge after Sinema takes lead over McSally Trump poised to sign bipartisan water infrastructure bill Overnight Energy: Trump Cabinet officials head west | Zinke says California fires are not 'a debate about climate change' | Perry tours North Dakota coal mine | EPA chief meets industry leaders in Iowa to discuss ethanol mandate MORE (N.D.), Deb FischerDebra (Deb) Strobel FischerErnst elected to Senate GOP leadership This week: Congress starts lame-duck with leadership fight Senate GOP readies for leadership reshuffle MORE (Neb.) and Dean HellerDean Arthur HellerElection Countdown: Florida fight ends with Scott, DeSantis wins | Dems see Sunbelt in play for 2020 | Trump to campaign in Mississippi ahead of runoff | GOP wipeout in Orange County | Ortiz Jones concedes in Texas House race Dem gains put Sunbelt in play for 2020 Cortez Masto named Dem Senate campaign chairwoman MORE (Nev.) —each considered potential swing votes — also said this week that they would support Trump’s pick.

Collins separately said that she isn’t trying to sway her GOP colleagues to vote against DeVos.

“I am doing what I think is right, and I respect that each senator has to make up his or her own mind,” she told reporters. “I’m not lobbying. I gave my speech on the floor.”

Opponents have also flooded Senate phone lines urging members to vote against her, and social media feeds have also been hit hard by anti-DeVos messages.

Sen. Dianne FeinsteinDianne Emiel FeinsteinDems slam Trump for siding with Saudi Arabia in Khashoggi killing Trump signals Saudis won't face severe punishment for Khashoggi killing Trump set to have close ally Graham in powerful chairmanship MORE (D-Calif.), who came out against DeVos on Thursday, noted she had received 95,000 calls, emails and letters opposing her nomination. Murkowski separately said she received “thousands” of calls from concerned constituents.

Senate Democrats blasted DeVos ahead of the vote, arguing her lack of experience with public schools should disqualify her from leading the Education Department.

"When you judge her in three areas — conflicts of interest, basic confidence and ideology, views on Education policy — it is clear that Betsy DeVos is unfit for the job of Education secretary," Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerObama: Filibuster makes it 'almost impossible' to govern Democrats need their top general — Pelosi — in age of Trump Facebook reeling after damning NYT report MORE (D-N.Y.) said. "In all three areas ... she ranks among the lowest of any Cabinet nominee I have ever seen."

Under a 2013 decision, Democrats voted to lower the threshold for lower court and Cabinet posts to a simple majority from the previous 60-vote threshold.

If they hadn’t, Trump’s more controversial nominees, including DeVos and now-Secretary of State Rex Tillerson, would likely not have been confirmed.

"A whole lot of people heard Betsy DeVos herself for the first time in that [confirmation] hearing, and they were not impressed, to put it mildly," Sen. Patty MurrayPatricia (Patty) Lynn MurrayOvernight Health Care — Presented by The Partnership for Safe Medicines — FDA restricts sales of flavored e-cigs | Proposes ban on menthol in tobacco | Left wants vote on single-payer bill in new Congress | More than 12k lost Medicaid in Arkansas Schumer reelected as Senate Democratic Leader Senate GOP readies for leadership reshuffle MORE (Wash.), the top Education panel Democrat, said after the vote. "Her vision for education in America is one that is deeply at odds with ... parents and students and families."

Despite the pushback, Senate GOP leadership and the White House stayed firmly in DeVos’s corner.

"She has spent her time working on giving children choices of schools other than public schools," Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderOvernight Health Care — Presented by The Partnership for Safe Medicines — GOP lawmaker pushes back on Trump drug pricing plan | Pfizer to raise prices on 41 drugs next year | Grassley opts for Finance gavel GOP lawmaker pushes back on Trump drug pricing proposal Congress needs to wake up to nuclear security threat MORE (R-Tenn.) said Friday. "It's always puzzled me as to why anybody would criticize that."

Updated at 7:51 a.m.