Robert F. Kennedy Jr. faces the first key vote in his health secretary confirmation test

Robert F
Robert F. Kennedy, Jr., President Trump's nominee to serve as Secretary of Health and Human Services testifies during a Senate Committee on Health, Education, Labor and Pensions hearing for his pending confirmation on Capitol Hill, Thursday, Jan. 30, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)

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Robert F. Kennedy, Jr., President Trump's nominee to serve as Secretary of Health and Human Services testifies during a Senate Committee on Health, Education, Labor and Pensions hearing for his pending confirmation on Capitol Hill, Thursday, Jan. 30, 2025, in Washington. (AP Photo/Rod Lamkey, Jr.)

WASHINGTON (AP) — Robert F. Kennedy Jr., the controversial environmental lawyer turned public health critic, is set to find out on Tuesday if he has cleared the first hurdle to become the nation's top health official when the Senate Finance Committee votes on his nomination.

Democrats are still raising concerns about Kennedy's potential to profit from anti-vaccine advocacy and lawsuits, but Republicans appear to be rallying behind President Donald Trump's health secretary nominee. On Monday, North Carolina Sen. Thom Tillis, a Republican once viewed as a possible "no" vote, announced he would back Kennedy.

Kennedy needs support from all but three Republicans if Democrats uniformly oppose him.

What will doctor and Republican Bill Cassidy do?

One key vote remains in question: Republican Sen. Bill Cassidy, a Louisiana physician who sits on the finance committee that will vote on Kennedy's confirmation. Last week, during Kennedy's hearings, Cassidy repeatedly implored Kennedy to reject a disproven theory that vaccines cause autism, to no avail. He ended the hearing by saying he was "struggling" with the vote.

“Your past, undermining confidence in vaccines with unfounded or misleading arguments, concerns me,” Cassidy told Kennedy.

On Monday evening, Cassidy told reporters that he had “very cordial” conversations with Kennedy over the weekend but was “still working through" how to handle his vote.

Republican Sens. Susan Collins of Maine, Lisa Murkowski of Alaska and Mitch McConnell of Kentucky are all seen as potential no votes, too, because they voted against Trump's defense secretary nominee and have expressed concerns about Kennedy's anti-vaccine work.

In a CBS “60 Minutes” interview that aired Sunday, McConnell declined to say how he would vote on Kennedy's nomination but reiterated “vaccines are critically important.”

Democrats still have questions for Kennedy

Democrats, meanwhile, continue to raise alarms about Kennedy's potential to financially benefit from changing vaccine guidelines or weakening federal lawsuit protections against vaccine makers if confirmed as health secretary.

“It seems possible that many different types of vaccine-related decisions and communications — which you would be empowered to make and influence as Secretary — could result in significant financial compensation for your family,” Democratic Sens. Elizabeth Warren of Massachusetts and Ron Wyden of Oregon wrote in a letter sent over the weekend to Kennedy.

Kennedy said he'll give his son all of the referral fees in legal cases against vaccine makers, including the fees he gets from referring clients in a case against Merck. Kennedy told the committee he's referred hundreds of clients to a law firm that's suing Merck's Gardasil, the human papillomavirus vaccine that prevents cervical cancer. He's earned $2.5 million from the deal over the past three years.

As secretary, Kennedy will oversee vaccine recommendations and public health campaigns for the $1.7 trillion agency, which is also responsible for food and hospital inspections, providing health insurance for millions of Americans and researching deadly diseases.

Who are the wild card votes?

Kennedy's allies are still holding out hope that they could entice a Democrat or two to their side. A pressure campaign has been focused on Democratic Sen. Cory Booker of New Jersey, who has expressed support for Kennedy's push to make American foods more healthy. Pennsylvania's Democratic Sen. John Fetterman has also been a focus, although he told Fox News Channel this weekend that the nomination was “challenging.”

A Democratic-led opposition campaign, built around Kennedy's anti-vaccine advocacy and influence in Samoa during a measles outbreak that left dozens of children and infants dead in 2019, has also narrowed in on Republican Sen. John Curtis, who represents Utah, home to one of the nation's largest Samoan populations.

Tuesday's vote is just the start

The Senate finance committee, made up of 25 senators, will vote on whether to recommend Kennedy for a vote on the Senate floor, where all 100 senators will have the chance to vote on the nomination.

The committee vote will be a strong indicator of where things are headed for Kennedy, but it's not necessarily the final word. Even if the committee votes against his confirmation — seemingly unlikely — Senate Majority Leader John Thune, R-S.D., could still push for a floor vote.

If Kennedy gets the committee's recommendation, he could still have work to do to win over Collins, Murkowski and McConnell. Cassidy also could potentially vote against Kennedy's final confirmation even if he votes in favor of him Tuesday.

What is ‘MAHA'?

Kennedy, a longtime Democrat, ran for president but withdrew last year to throw his support to Trump in exchange for an influential job in his Republican administration. Together, they have forged a new and unusual coalition made up of conservatives who oppose vaccines and liberals who want to see the government promote healthier foods. Trump and Kennedy have branded the movement as "Make America Healthy Again."

Robert F. Kennedy Jr., President Donald Trump's choice to be the Secretary of Health and Human Services, arrives to testify before the Senate Finance Committee during his confirmation hearing, at the Capitol in Washington, Wednesday, Jan. 29, 2025. (AP Photo/Jose Luis Magana)

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Sen. Bill Cassidy, R-La., questions Robert F. Kennedy Jr., President Donald Trump's choice to be Secretary of Health and Human Services, as he appears before the Senate Finance Committee for his confirmation hearing, at the Capitol in Washington, Wednesday, Jan. 29, 2025. (AP Photo/Ben Curtis)

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