Red state Democratic Sen. Heidi Heitkamp says she will vote against confirming Brett Kavanaugh to Supreme Court

  • Sen. Heidi Heitkamp, a Democrat from North Dakota, announced Thursday that she would vote against confirming Brett Kavanaugh to the Supreme Court. 
  • The red-state Democrat was considered one of a handful of on-the-fence senators. 
  • Heitkamp voted in favor of President Trump's last nominee to the Supreme Court, Neil Gorsuch.

One less senator is on the fence about Brett Kavanaugh. 

On Thursday, Democratic Sen. Heidi Heitkamp of North Dakota, announced that she would not vote to confirm Kavanaugh to the Supreme Court come the floor vote scheduled for Friday. 

Heitkamp, a red-state Democratic who is locked in a tight reelection battle, was considered one of handful of key swing votes that could decide whether Kavanaugh will or will not get a lifetime appointment to America's highest court. 

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Sen. Heidi Heitkamp (D-North Dakota)
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Sen. Heidi Heitkamp (D-North Dakota)
UNITED STATES - MARCH 14: Sen. Heidi Heitkamp, D-N. Dak., speaks during the Senate Democrats' news conference to unveil the FAMILY Act on Tuesday, March 14, 2017. (Photo By Bill Clark/CQ Roll Call)
UNITED STATES - FEBRUARY 14: Sens. Elizabeth Warren, D-Mass., left, and Heidi Heitkamp, D-N.D., talk during a Senate Banking, Housing, and Urban Affairs Committee hearing in Dirksen Building titled 'The Semiannual Monetary Policy Report to the Congress,' featuring testimony by Fed Chairwoman Janet Yellen, February 14, 2017. (Photo By Tom Williams/CQ Roll Call)
UNITED STATES - NOVEMBER 28: Sen. Heidi Heitkamp, D-N. Dak., speaks during the Senate Democrats news conference on tax reform in the Capitol on Tuesday, Nov. 28, 2017. (Photo By Bill Clark/CQ Roll Call)
UNITED STATES - FEBRUARY 08: Neil Gorsuch, Supreme Court Justice nominee, meets with Sen. Heidi Heitkamp, D-N.D., in her Hart Building office, February 8, 2017. (Photo By Tom Williams/CQ Roll Call)
WASHINGTON, DC - JULY 11: U.S. Sen. Heidi Heitkamp (D-ND) (L) speaks as Sen. Al Franken (D-MN) (R) listens during a news briefing after the weekly Senate Democratic Policy Luncheon July 11, 2017 at the Capitol in Washington, DC. Sen. Schumer discussed various topics including Senate's delaying its recess to the third week of August. (Photo by Alex Wong/Getty Images)
UNITED STATES - SEPTEMBER 20: From left, Sens. Elizabeth Warren, D-Mass., Heidi Heitkamp, D-N.D., and Joe Donnelly, D-Ind., attend a Senate Banking, Housing, and Urban Affairs hearing in Dirksen Building on unauthorized accounts opened under customers' names at Wells Fargo featuring testimony by CEO John Stumpf, September 20, 2016. (Photo By Tom Williams/CQ Roll Call)
WASHINGTON, DC - JANUARY 25: Sen. Heidi Heitkamp (D-ND) speaks to the media about immigration, after attending a bipartisan meeting in Sen. Susan Collins office, on Capitol Hill January 25, 2018 in Washington, DC. (Photo by Mark Wilson/Getty Images)
NEW YORK, NY - SEPTEMBER 19: North Dakota Senator Heidi Heitkamp and Former Majority Leader, United States Senate & U.S. Special Envoy for Middle East Peace George J. Mitchell speak at the 2016 Concordia Summit - Day 1 at Grand Hyatt New York on September 19, 2016 in New York City. (Photo by Bryan Bedder/Getty Images for Concordia Summit)
U.S. Senator Heidi Heitkamp (D-ND) talks to reporters as she arrives for the weekly Democratic party caucus luncheon at the U.S. Capitol in Washington, U.S. October 31, 2017. REUTERS/Jonathan Ernst
WASHINGTON, DC - JUNE 21: Sen. Heidi Heitkamp (R-ND),(C), speaks while flanked by bipartian Senate colleagues during a news conference on Capitol Hill, June 21, 2016 in Washington, DC. Heitkamp and a bipartisan group of Senators announced a measure that would block people on the Transportation Security Administration� no-fly list from buying firearms. The measure also includes a list that would subject individuals to additional screening before boarding a plane. (Photo by Mark Wilson/Getty Images)
Senator Heidi Heitkamp (D-ND) speaks next to Sen. Susan Collins (R-ME) at a news conference with a bipartisan group of senators on Capitol Hill in Washington, D.C., U.S., to unveil a compromise proposal on gun control measures, June 21, 2016. REUTERS/Yuri Gripas
Women senators testify during a Senate Foreign Relations sub-committee hearing on 'Combating Violence and Discrimination Against Women: A Global Call to Action' on Capitol Hill in Washington . From right are Senators Elizabeth Warren, Patty Murray, Heidi Heitkamp, and Mazie K. Hirono. (Photo by Brooks Kraft LLC/Corbis via Getty Images)
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The other swing votes that have not announced their final decision include Democrat Sen. Joe Manchin of West Virginia and Republican Sens. Lisa Murkowski of Alaska, Susan Collins of Maine and Jeff Flake of Arizona.

The North Dakota senator's decision comes after the FBI finished its investigation into sexual assault allegations against Kavanaugh. 

The results of the investigation have not been made public, but senators who have seen the document say it doesn't include evidence corroborating Christine Blasey Ford's claims that he sexually assaulted her at a party when they were in high school.

"After doing my due diligence and now that the record is apparently closed, I will vote against his confirmation," Heitkamp said. 

24 PHOTOS
Brett Kavanaugh testifies regarding sexual assault allegations
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Brett Kavanaugh testifies regarding sexual assault allegations
U.S. Supreme Court nominee Brett Kavanaugh testifies before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg TPX IMAGES OF THE DAY
Family members of of U.S. Supreme Court nominee Brett Kavanaugh, including his wife Ashley (R) and mother Martha (L), listen to him testify before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg
Judge Brett Kavanaugh testifies to the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill in Washington, DC, U.S., September 27, 2018. Win McNamee/Pool via REUTERS TPX IMAGES OF THE DAY
Senator Lindsey Graham, a Republican from South Carolina, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Tom Williams/Pool via Bloomberg
White House Counsel and Assistant to the President for U.S. President Donald Trump, Donald McGahn, as Supreme Court nominee Brett Kavanaugh testifies before the US Senate Judiciary Committee on Capitol Hill in Washington, DC, September 27, 2018. SAUL LOEB/Pool via REUTERS
Judge Brett M. Kavanaugh testifies in front of the Senate Judiciary committee regarding sexual assault allegations at the Dirksen Senate Office Building on Capitol Hill, in Washington, DC, U.S. September 27, 2018. Gabriella Demczuk/Pool via Reuters
Senate Judiciary Committee ranking members Sen. Dianne Feinstein (D-CA) (R) and Chairman Charles Grassley (R-IA) question Judge Brett Kavanaugh during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill in Washington, DC, U.S., September 27, 2018. Win McNamee/Pool via REUTERS
Supreme court nominee Brett Kavanaugh is sworn in to testify before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Senator Patrick Leahy, a Democrat from Vermont, left, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Win McNamee/Pool via Bloomberg
Supreme court nominee Brett Kavanaugh arrives with his wife Ashley to testify before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) presides over a hearing as Supreme Court nominee Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington, DC, U.S., September 27, 2018. Andrew Harnik/Pool via REUTERS
Sen. Lindsey Graham, R-SC, leaves for a break from the Senate Judiciary Committee confirmation hearing with U.S. Supreme Court nominee Brett Kavanaugh and Palo Alto University professor Christine Blasey Ford, who has accused Kavanaugh of a sexual assault in 1982, in Washington, U.S., September 27, 2018. REUTERS/Mary F. Calvert
U.S. Senator Ben Sasse (R-NB) speaks during U.S. Supreme Court nominee Brett Kavanaugh's testimony before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., September 27, 2018. REUTERS/Jim Bourg
Judge Brett Kavanaugh is sworn in before testifying before the U.S. Senate Judiciary Committee on Capitol Hill in Washington, U.S., September 27, 2018. Tom Williams/Pool via REUTERS TPX IMAGES OF THE DAY
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, smiles during Senate Judiciary Committee on Capitol Hill in Washington, Thursday, on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by Andrew Harnik / POOL / AFP) (Photo credit should read ANDREW HARNIK/AFP/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Senate Judiciary Committee member Sen. Ted Cruz (R-TX) questions Judge Brett Kavanaugh during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Win McNamee/Getty Images)
WASHINGTON D.C. - SEPTEMBER 27: U.S. Senator Thom Tillis (R-NC) displays a judiciary committee document while questioning Judge Brett Kavanaugh during his Supreme Court confirmation hearing before the Senate Judiciary Committee in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Jim Bourg-Pool/Getty Images)
Senate Judiciary Committee member Sen. Mike Lee (R-UT) questions U.S. Supreme Court nominee Brett Kavanaugh as he testifies before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by Andrew Harnik / POOL / AFP) (Photo credit should read ANDREW HARNIK/AFP/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Senate Judiciary Committee members (L-R) Sen. Ted Cruz (R-TX), Sen. Lindsey Graham (R-SC), Sen. Orrin Hatch (R-UT) and Chairman Charles Grassley (R-IA) talk at the conclusion of the Supreme Court confirmation hearing for Judge Brett Kavanaugh in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Win McNamee/Getty Images)
WASHINGTON D.C. - SEPTEMBER 27: Judge Brett Kavanaugh testifies to the Senate Judiciary Committee during his Supreme Court confirmation hearing in the Dirksen Senate Office Building on Capitol Hill September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Jim Bourg-Pool/Getty Images)
WASHINGTON, DC - SEPTEMBER 27: Supreme Court nominee Brett Kavanaugh is sworn in to testify before the Senate Judiciary Committee on Capitol Hill on September 27, 2018 in Washington, DC. Kavanaugh was called back to testify about claims by Dr. Christine Blasey Ford, who has accused him of sexually assaulting her during a party in 1982 when they were high school students in suburban Maryland. (Photo by Andrew Harnik - Pool/Getty Images)
Ashley Estes Kavanaugh, wife of Supreme Court nominee�Brett Kavanaugh, listens during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that she's 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Jim Bourg/Pool via Bloomberg
Senator Lindsey Graham, a Republican from South Carolina, speaks during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Thursday, Sept. 27, 2018. Supreme Court nominee�Brett Kavanaugh�angrily, tearfully and 'unequivocally' denied sexually assaulting Christine Blasey Ford, after she told senators at a dramatic hearing that shes 'one hundred percent' certain he is the one who attacked her when they were teenagers. Photographer: Andrew Harnik/Pool via Bloomberg
U.S. Senator Orrin Hatch (R-UT) listens to U.S. Supreme Court nominee Brett Kavanaugh testify before a Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, U.S., on September 27, 2018. - University professor Christine Blasey Ford, 51, told a tense Senate Judiciary Committee hearing that could make or break Kavanaugh's nomination she was '100 percent' certain he was the assailant and it was 'absolutely not' a case of mistaken identify. (Photo by JIM BOURG / POOL / AFP) (Photo credit should read JIM BOURG/AFP/Getty Images)
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She went on to criticize both Republicans and Democrats for how they handled the situation. 

"Both sides horribly handled the process around the nomination. We must learn from these mistakes," Heitkamp said. 

Heitkamp previously voted to confirm President Donald Trump's last Supreme Court nominee, Neil Gorsuch. 

Voting against Kavanaugh could end up being one of Heitkamp's last acts as a senator. Her GOP opponent, Rep. Kevin Cramer, has a healthy lead in recent polls in the state.

Heitkamp has been a senator since 2013, but Trump won the state by nearly 40 percentage points in the 2016 presidential election.

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SEE ALSO: Republican Sen. Ben Sasse drops a bombshell on the debate over Brett Kavanaugh's nomination to the Supreme Court

DON'T MISS: Text messages between Brett Kavanaugh and his classmates seem to contradict his Senate testimony

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