Senate Democrats objected to the first vote, arguing that the tally was actually 11-11 because Sen. Orrin HatchOrrin HatchOvernight Healthcare: GOP talk shifts from replacing ObamaCare to repairing it | HHS pick advances after rules change Overnight Finance: GOP advances Treasury nominee | Vote on Trump budget pick delayed | Fed keeps rates steady | Border tax sets off lobbying frenzy GOP talk shifts from replacing ObamaCare to repairing it MORE (R-Utah) voted by proxy.
Ranking member Patty MurrayPatty MurrayHealth chair: Congress may have to aid insurers during ObamaCare transition Warren offers to wager fate of DeVos nomination on Super Bowl Senate committee approves DeVos nomination MORE (D-Wash.) submitted a motion to overturn HELP Chairman Lamar Alexander
Lamar AlexanderOvernight Healthcare: GOP talk shifts from replacing ObamaCare to repairing it | HHS pick advances after rules change GOP talk shifts from replacing ObamaCare to repairing it Health chair: Congress may have to aid insurers during ObamaCare transition MORE’s (R-Tenn.) ruling to uphold the vote, but the motion was denied along party lines.
Alexander called another vote to approve DeVos’s nomination with Hatch present and it was advanced, 12-11.
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While she voted to approve DeVos in committee, Sen. Lisa MurkowskiLisa MurkowskiScarborough: GOP defections on DeVos show confirmation hearings matter White House has '100 percent confidence' in DeVos confirmation Second Republican senator to vote against DeVos MORE (R-Alaska) said she’s still unsure how she’ll vote when the nomination comes to the Senate floor.
But Republicans can afford a defection with a 52-seat Senate majority.
“Do note, she has not yet earned my full support,” Murkowski said during Tuesday’s hearing. “I would not advise yet that she count on my vote.”
Murkoswki's office is one of several that's been targeted by outside groups opposing the nomination and hoping to sway enough Republicans to vote against DeVos.