Betsy DeVos confirmed as education secretary; vice president casts historic tie-breaking vote

Tom LoBianco Eugene Scott
By Tom LoBianco, Ted Barrett and Eugene Scott, CNN
Updated 11:16 PM EST, Tue February 7, 2017

Story highlights

Trump's pick for education secretary has run into strong opposition

Vice President Mike Pence will likely have to be called on as the tie-breaker

(CNN) —  

Vice President Mike Pence cast a historic tie-breaking vote Tuesday to confirm Betsy DeVos as the next education secretary after the Senate was evenly divided over the controversial pick.

The 51-50 vote ends Trump’s toughest confirmation battle yet. Senate Democrats debated through the night and into Tuesday morning in a last-ditch attempt to derail DeVos, buoyed by support from Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine.

DeVos was sworn into office shortly after 6 p.m. ET. Pence administered the oath of office and said his confirmation vote earlier in the day was “the easiest vote I ever cast.”

Throughout the fight, Democrats argued they needed “Just one more!” to lure away another Republican vote. But Senate Republican leaders succeeded in delivering a victory to Trump in a confirmation fight that very few expected to become as tough as it did.

DeVos’ poor performance in her confirmation hearing – punctuated by her suggestion that a school in Wyoming might want to have guns on premises to protect against grizzly bears – contributed to roaring anger among public school supporters and teachers unions. Even before her hearing, critics pointed to DeVos’s lack of experience with public schools and her bankrolling of efforts like school vouchers that could take money from public institutions.

Senate minority leader Chuck Schumer voiced his displeasure with the vote moments after she was confirmed, tweeting, “Today @VP Mike Pence did something no one else has ever done: cast the tie breaking vote on his own cabinet nominee.”

RELATED: Charter schools controversy will only grow under DeVos

DeVos tweeted after the vote, “I appreciate the Senate’s diligence & am honored to serve as @usedgov Secretary. Let’s improve options & outcomes for all US students.”

Sen. Chris Murphy told CNN earlier Tuesday that DeVos seemed to have no knowledge of the federal law that protects students with disabilities.

“You put those two things together, lack of compassion for what’s happened to places like Sandy Hook and an inability to just understand the basic law around vulnerable students and it was clear at the end of that hearing that this was someone who shouldn’t be the secretary of education,” the Connecticut Democrat said.

DeVos’ Senate vote comes after a dramatic 24 hours of protest from Democrats inside and outside the Capitol that lasted through the night, into Tuesday morning, with Democratic senators taking shifts in the Senate arguing against DeVos.

Vice President Mike Pence, right, administers the oath of office to Dan Coats, the new director of national intelligence, on Thursday, March 16. Coats was accompanied by his wife, Marsha. He was confirmed by the Senate the day before.
Photos: Trump's nominees and their confirmation hearings
PHOTO: J. Scott Applewhite/AP
Director of National Intelligence —
Vice President Mike Pence, right, administers the oath of office to Dan Coats, the new director of national intelligence, on Thursday, March 16. Coats was accompanied by his wife, Marsha. He was confirmed by the Senate the day before.
Coats speaks on Capitol Hill before his confirmation hearing in February. The former US senator from Indiana was the US ambassador to Germany in the first term of George W. Bush
Photos: Trump's nominees and their confirmation hearings
PHOTO: Alex Brandon/AP
Director of National Intelligence —
Coats speaks on Capitol Hill before his confirmation hearing in February. The former US senator from Indiana was the US ambassador to Germany in the first term of George W. Bush's administration.
New Energy Secretary Rick Perry speaks at his swearing-in ceremony in Washington on Thursday, March 2. The former Texas governor was confirmed by a Senate vote of 62-37.
Photos: Trump's nominees and their confirmation hearings
PHOTO: BRENDAN SMIALOWSKI/AFP/Getty Images
Secretary of Energy —
New Energy Secretary Rick Perry speaks at his swearing-in ceremony in Washington on Thursday, March 2. The former Texas governor was confirmed by a Senate vote of 62-37.
Perry is sworn in before his confirmation hearing in January. During his testimony, Perry cast himself as an advocate for a range of energy sources, noting that he presided over the nation
Photos: Trump's nominees and their confirmation hearings
PHOTO: Bill Clark/AP
Secretary of Energy —
Perry is sworn in before his confirmation hearing in January. During his testimony, Perry cast himself as an advocate for a range of energy sources, noting that he presided over the nation's leading energy-producing state. He also said he regrets once calling for the Energy Department's elimination.
Ben Carson is joined by his wife, Candy, and his granddaughter Tesora as he is sworn in as the secretary of housing and urban development on March 2. The renowned neurosurgeon and former presidential candidate was confirmed by a vote of 58-41.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Alex Wong/Getty Images
Secretary of Housing and Urban Development —
Ben Carson is joined by his wife, Candy, and his granddaughter Tesora as he is sworn in as the secretary of housing and urban development on March 2. The renowned neurosurgeon and former presidential candidate was confirmed by a vote of 58-41.
Carson greets Tesora prior to testifying before the Senate Committee of Banking, Housing and Urban Affairs in January. In his opening statement, he noted that he was raised by a single mother who had a "third-grade education" and made the case that he understands the issues facing the millions of people who rely on HUD programs.
Photos: Trump's nominees and their confirmation hearings
PHOTO: SAUL LOEB/AFP/Getty Images
Secretary of Housing and Urban Development —
Carson greets Tesora prior to testifying before the Senate Committee of Banking, Housing and Urban Affairs in January. In his opening statement, he noted that he was raised by a single mother who had a "third-grade education" and made the case that he understands the issues facing the millions of people who rely on HUD programs.
New Interior Secretary Ryan Zinke signs an official document after he was confirmed by the Senate on Wednesday, March 1. The former congressman from Montana was joined by his wife, Lolita, as well as Vice President Mike Pence, US Sen. Steve Daines and Montana Attorney General Tim Fox.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Andrew Harnik/AP
Secretary of the Interior —
New Interior Secretary Ryan Zinke signs an official document after he was confirmed by the Senate on Wednesday, March 1. The former congressman from Montana was joined by his wife, Lolita, as well as Vice President Mike Pence, US Sen. Steve Daines and Montana Attorney General Tim Fox.
Zinke, a former Navy SEAL, is sworn in before his confirmation hearing in January. He pledged to review Obama administration actions that limit oil and gas drilling in Alaska, and he said he does not believe climate change is a hoax.
Photos: Trump's nominees and their confirmation hearings
PHOTO: JIM WATSON/AFP/Getty Images
Secretary of the Interior —
Zinke, a former Navy SEAL, is sworn in before his confirmation hearing in January. He pledged to review Obama administration actions that limit oil and gas drilling in Alaska, and he said he does not believe climate change is a hoax.
Pence swears in new Commerce Secretary Wilbur Ross as Ross
Photos: Trump's nominees and their confirmation hearings
PHOTO: Evan Vucci/AP
Secretary of Commerce —
Pence swears in new Commerce Secretary Wilbur Ross as Ross' wife, Hilary, stands by on Tuesday, February 28. The billionaire was confirmed by the Senate by a vote of 72-27.
Ross, center, waits to be introduced by US Sen. Marco Rubio, right, at his confirmation hearing in January. At the hearing, Ross said he wants countries that resort to "malicious" trading tactics to be "severely" punished. He pointed the finger at China, which he called "the most protectionist country of very large countries."
Photos: Trump's nominees and their confirmation hearings
PHOTO: Joe Raedle/Getty Images
Secretary of Commerce —
Ross, center, waits to be introduced by US Sen. Marco Rubio, right, at his confirmation hearing in January. At the hearing, Ross said he wants countries that resort to "malicious" trading tactics to be "severely" punished. He pointed the finger at China, which he called "the most protectionist country of very large countries."
Supreme Court justice Samuel Alito swears in Scott Pruitt as the new administrator of the Environmental Protection Agency on Friday, February 17. Holding the Bible is Pruitt
Photos: Trump's nominees and their confirmation hearings
PHOTO: Carolyn Kaster/AP
Administrator, Environmental Protection Agency —
Supreme Court justice Samuel Alito swears in Scott Pruitt as the new administrator of the Environmental Protection Agency on Friday, February 17. Holding the Bible is Pruitt's wife, Marlyn, and they were joined by their son, Cade. Pruitt, the former attorney general of Oklahoma, was confirmed by the Senate 52-46.
Pruitt testifies at his confirmation hearing in January. Pruitt said he doesn
Photos: Trump's nominees and their confirmation hearings
PHOTO: J. Scott Applewhite/AP
Administrator, Environmental Protection Agency —
Pruitt testifies at his confirmation hearing in January. Pruitt said he doesn't believe climate change is a hoax, but he didn't indicate he would take swift action to address environmental issues that may contribute to climate change. He said there is still debate over how to respond.
Pence shakes hands with Mick Mulvaney after swearing him in as the new director of the Office of Management and Budget on Thursday, February 16. Mulvaney
Photos: Trump's nominees and their confirmation hearings
PHOTO: Mark Wilson/Getty Images
Director, Office of Management and Budget —
Pence shakes hands with Mick Mulvaney after swearing him in as the new director of the Office of Management and Budget on Thursday, February 16. Mulvaney's wife, Pam, looks on. Mulvaney had been a congressman since 2011.
Mulvaney testifies before the Senate Budget Committee in January. He didn
Photos: Trump's nominees and their confirmation hearings
PHOTO: Carolyn Kaster/AP
Director, Office of Management and Budget —
Mulvaney testifies before the Senate Budget Committee in January. He didn't back off his views that entitlement programs need revamping to survive -- and he didn't back away from some of his past statements on the matter. President Donald Trump, during his campaign, pledged not to touch Social Security or Medicare.
Linda McMahon is joined by her six grandchildren as she is sworn in as chief of the Small Business Administration on Tuesday, February 14. McMahon, the former CEO of World Wrestling Entertainment, was confirmed by a vote of 81-19.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Carolyn Kaster/AP
Administrator, Small Business Administration —
Linda McMahon is joined by her six grandchildren as she is sworn in as chief of the Small Business Administration on Tuesday, February 14. McMahon, the former CEO of World Wrestling Entertainment, was confirmed by a vote of 81-19.
McMahon speaks during her confirmation hearing. She stepped down from her WWE duties in 2009 and ran for the Senate in 2010 and 2012.
Photos: Trump's nominees and their confirmation hearings
PHOTO: BRENDAN SMIALOWSKI/AFP/Getty Images
Administrator, Small Business Administration —
McMahon speaks during her confirmation hearing. She stepped down from her WWE duties in 2009 and ran for the Senate in 2010 and 2012.
Pence watches David Shulkin, the new secretary of the Veterans Affairs Department, speak at his swearing-in ceremony on February 14. Shulkin was confirmed by a unanimous vote in the Senate.
Photos: Trump's nominees and their confirmation hearings
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Secretary of Veterans Affairs —
Pence watches David Shulkin, the new secretary of the Veterans Affairs Department, speak at his swearing-in ceremony on February 14. Shulkin was confirmed by a unanimous vote in the Senate.
Shulkin speaks at his confirmation hearing. He was the VA
Photos: Trump's nominees and their confirmation hearings
PHOTO: Alex Brandon/AP
Secretary of Veterans Affairs —
Shulkin speaks at his confirmation hearing. He was the VA's undersecretary for health, a position in which he oversaw more than 1,700 health care sites across the United States.
Trump watches as Steven Mnuchin is sworn in as treasury secretary on Monday, February 13. The Senate vote was 53-47, mostly along party lines.
Photos: Trump's nominees and their confirmation hearings
PHOTO: MANDEL NGAN/AFP/Getty Images
Secretary of the Treasury —
Trump watches as Steven Mnuchin is sworn in as treasury secretary on Monday, February 13. The Senate vote was 53-47, mostly along party lines.
Mnuchin arrives for his confirmation hearing in January. Mnuchin, a former Goldman Sachs banker, faced policy questions about taxes, the debt ceiling and banking regulation.
Photos: Trump's nominees and their confirmation hearings
PHOTO: J. Scott Applewhite/AP
Secretary of the Treasury —
Mnuchin arrives for his confirmation hearing in January. Mnuchin, a former Goldman Sachs banker, faced policy questions about taxes, the debt ceiling and banking regulation.
Pence shakes hands with Health and Human Services Secretary Tom Price -- who was accompanied by his wife, Betty -- after a swearing-in ceremony on Friday, February 10. Price, a former congressman from Georgia, was confirmed 52-47 in a middle-of-the-night vote along party lines.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Andrew Harnik/AP
Secretary of Health and Human Services —
Pence shakes hands with Health and Human Services Secretary Tom Price -- who was accompanied by his wife, Betty -- after a swearing-in ceremony on Friday, February 10. Price, a former congressman from Georgia, was confirmed 52-47 in a middle-of-the-night vote along party lines.
Price testifies at his confirmation hearing in January. Price confronted accusations of investing in companies related to his legislative work in Congress -- and in some cases, repealing financial benefits from those investments. Price firmly denied any wrongdoing and insisted that he has taken steps to avoid any conflicts of interests.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Carolyn Kaster/AP
Secretary of Health and Human Services —
Price testifies at his confirmation hearing in January. Price confronted accusations of investing in companies related to his legislative work in Congress -- and in some cases, repealing financial benefits from those investments. Price firmly denied any wrongdoing and insisted that he has taken steps to avoid any conflicts of interests.
Trump watches as Pence administers the oath of office to Attorney General Jeff Sessions in the White House Oval Office on Thursday, February 9. Sessions, one of Trump
Photos: Trump's nominees and their confirmation hearings
PHOTO: Pablo Martinez Monsivais/AP
Attorney General —
Trump watches as Pence administers the oath of office to Attorney General Jeff Sessions in the White House Oval Office on Thursday, February 9. Sessions, one of Trump's closest advisers and his earliest supporter in the Senate, was confirmed by a 52-47 vote that was mostly along party lines. He was accompanied to the swearing-in by his wife, Mary.
In his wide-ranging confirmation hearing, Sessions pledged to recuse himself from all investigations involving Hillary Clinton based on inflammatory comments he made during a "contentious" campaign season. He also defended his views of the Supreme Court
Photos: Trump's nominees and their confirmation hearings
PHOTO: MOLLY RILEY/AFP/Getty Images
Attorney General —
In his wide-ranging confirmation hearing, Sessions pledged to recuse himself from all investigations involving Hillary Clinton based on inflammatory comments he made during a "contentious" campaign season. He also defended his views of the Supreme Court's Roe v. Wade ruling on abortion, saying he doesn't agree with it but would respect it.
Pence swears in Education Secretary Betsy DeVos next to her husband, Dick, on Tuesday, February 7. Pence cast a historic tie-breaking vote to confirm DeVos after the Senate was divided 50-50.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Pablo Martinez Monsivais/AP
Secretary of Education —
Pence swears in Education Secretary Betsy DeVos next to her husband, Dick, on Tuesday, February 7. Pence cast a historic tie-breaking vote to confirm DeVos after the Senate was divided 50-50.
DeVos, a top Republican donor and school-choice activist, prepares to testify at her confirmation hearing in January. DeVos stood firm in her long-held beliefs that parents -- not the government -- should be able to choose where to send children to school, pledging to push voucher programs if she was confirmed.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Carolyn Kaster/AP
Secretary of Education —
DeVos, a top Republican donor and school-choice activist, prepares to testify at her confirmation hearing in January. DeVos stood firm in her long-held beliefs that parents -- not the government -- should be able to choose where to send children to school, pledging to push voucher programs if she was confirmed.
Trump watches as Pence swears in Rex Tillerson as secretary of state on Wednesday, February 1. Tillerson
Photos: Trump's nominees and their confirmation hearings
PHOTO: Carolyn Kaster/AP
Secretary of State —
Trump watches as Pence swears in Rex Tillerson as secretary of state on Wednesday, February 1. Tillerson's wife, Renda St. Clair, holds the Bible. Tillerson, a former CEO of ExxonMobil, was confirmed in the Senate by a vote of 56 to 43.
Tillerson testifies during his confirmation hearing in Washington. He drew a sharp line between his views and those of his future boss, denouncing Russian aggression in cyberspace and in Ukraine.
Photos: Trump's nominees and their confirmation hearings
PHOTO: SAUL LOEB/AFP/Getty Images
Secretary of State —
Tillerson testifies during his confirmation hearing in Washington. He drew a sharp line between his views and those of his future boss, denouncing Russian aggression in cyberspace and in Ukraine.
Elaine Chao, Trump
Photos: Trump's nominees and their confirmation hearings
PHOTO: Alex Wong/Getty Images
Secretary of Transportation —
Elaine Chao, Trump's pick for transportation secretary, signs the affidavit of appointment during her swearing-in ceremony in Washington on Tuesday, January 31. Chao is joined, from left, by Pence; her father, James Chao; and her husband, Senate Majority Leader Mitch McConnell.
Chao testifies at her confirmation hearing in January. Chao, who was approved by a 93-6 vote, was deputy secretary of transportation under George H.W. Bush and labor secretary under George W. Bush.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Patsy Lynch/MediaPunch/IPx/AP
Secretary of Transportation —
Chao testifies at her confirmation hearing in January. Chao, who was approved by a 93-6 vote, was deputy secretary of transportation under George H.W. Bush and labor secretary under George W. Bush.
South Carolina Gov. Nikki Haley takes the oath of office as she becomes the US Ambassador to the United Nations on Wednesday, January 25. She is joined by US Sen. Marco Rubio and staffer Rebecca Schimsa as she is sworn in by the vice president.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Evan Vucci/AP
UN Ambassador —
South Carolina Gov. Nikki Haley takes the oath of office as she becomes the US Ambassador to the United Nations on Wednesday, January 25. She is joined by US Sen. Marco Rubio and staffer Rebecca Schimsa as she is sworn in by the vice president.
During her confirmation hearing, Haley rapped the UN for its treatment of Israel and indicated that she thinks the US should reconsider its contribution of 22% of the annual budget. "The UN and its specialized agencies have had numerous successes," Haley said. "However, any honest assessment also finds an institution that is often at odds with American national interests and American taxpayers. ... I will take an outsider
Photos: Trump's nominees and their confirmation hearings
PHOTO: SAUL LOEB/AFP/Getty Images
UN Ambassador —
During her confirmation hearing, Haley rapped the UN for its treatment of Israel and indicated that she thinks the US should reconsider its contribution of 22% of the annual budget. "The UN and its specialized agencies have had numerous successes," Haley said. "However, any honest assessment also finds an institution that is often at odds with American national interests and American taxpayers. ... I will take an outsider's look at the institution."
Mike Pompeo is joined by his wife, Susan, as he is sworn in as CIA director on Monday, January 23. Pompeo, who is vacating his seat in the US House, was confirmed by the Senate in a 66-32 vote.
Photos: Trump's nominees and their confirmation hearings
PHOTO: Alex Wong/Getty Images
CIA Director —
Mike Pompeo is joined by his wife, Susan, as he is sworn in as CIA director on Monday, January 23. Pompeo, who is vacating his seat in the US House, was confirmed by the Senate in a 66-32 vote.
Pompeo is sworn in at his confirmation hearing. Along with Russia, Pompeo said other global threats include Iran
Photos: Trump's nominees and their confirmation hearings
PHOTO: JIM WATSON/AFP/Getty Images
CIA Director —
Pompeo is sworn in at his confirmation hearing. Along with Russia, Pompeo said other global threats include Iran's growing influence in the Middle East, ISIS' grip over major urban areas, and the conflict in Syria.
Retired Marine Gen. James Mattis, President Trump
Photos: Trump's nominees and their confirmation hearings
PHOTO: Kevin Dietsch/Getty Images
Secretary of Defense —
Retired Marine Gen. James Mattis, President Trump's pick for defense secretary, is sworn in after being confirmed by a 98-1 vote on Friday, January 20.
Mattis testifies before the Senate Armed Services Committee. He emerged from his confirmation hearing with broad support after he took a strong posture against Russian President Vladimir Putin and answered tough questions on women and gays in combat.
Photos: Trump's nominees and their confirmation hearings
PHOTO: MANDEL NGAN/AFP/Getty Images
Secretary of Defense —
Mattis testifies before the Senate Armed Services Committee. He emerged from his confirmation hearing with broad support after he took a strong posture against Russian President Vladimir Putin and answered tough questions on women and gays in combat.
Retired Marine Gen. John Kelly signs his confirmation letter on January 20. He is joined by his wife, Karen.
Photos: Trump's nominees and their confirmation hearings
PHOTO: JIM WATSON/AFP/Getty Images
Secretary of Homeland Security —
Retired Marine Gen. John Kelly signs his confirmation letter on January 20. He is joined by his wife, Karen.
Kelly testifies at his hearing. He was previously the head of US Southern Command, which is responsible for all military activities in South America and Central America.
Photos: Trump's nominees and their confirmation hearings
PHOTO: J. Scott Applewhite/AP
Secretary of Homeland Security —
Kelly testifies at his hearing. He was previously the head of US Southern Command, which is responsible for all military activities in South America and Central America.

The delay tactics have succeeded in stalling many of Trump’s most important Cabinet picks – but Senate Republican leaders promised Monday to get votes for four nominees this week: DeVos, Health and Human Services nominee Tom Price, Treasury pick Steven Mnuchin and attorney general nominee, Sen. Jeff Sessions.

Trump himself noted this on Twitter Tuesday night.

“It is a disgrace that my full Cabinet is still not in place, the longest such delay in the history of our country. Obstruction by Democrats!” he tweeted.

Meanwhile, with each passing day, more questions have been raised about Trump’s Cabinet picks. Labor Department nominee Andrew Puzder admitted Monday to hiring an undocumented immigrant as a housekeeper.

But Senate Majority Whip John Cornyn promised to overcome Democratic tactics with long hours at the Capitol – including the possibility of working through Saturday.

“We’ll be burning the midnight oil,” Cornyn said Monday.

CNN’s Kevin Liptak contributed to this report.