>> it's 1:00 p.m. here in washington. not the right man for the court. that's from the alaska republican senator lisa murkowski who broke with her party to vote against kavanaugh's nomination. she was in the minority today after three other undecided senators all voted yes to move the process forward. republicans jeff flake and susan collins and democrat joe manchin. today's procedural vote sets up

a final vote tomorrow. a vote that could resonate through washington for decades. it sounds like senator flake's mind is already made up. >> you plan to vote yes tomorrow? >> unless something big changed, i don't see what would. >> the outcome did spark outrage by protesters. these in the office of the senate majority leader mitch mcconnell. manu raju is up on cap toil hill. is there a chance that anyone changes his or her vote tomorrow? >> nobody knows the answer to that question yet. that makes for such a dramatic moment over a consequential vote here on capitol hill. susan collins of maine after voting to advance the nomination to a final vote said she will make her announcement on how she will vote on confirmation at 3:00 p.m. today. it's uncertain if she will stick with her decision to advance the

nomination or if she will join her fellow republican colleague lisa murkowski and told reporters afterwards that kavanaugh is not the right man for the court at this time. this comes after senator jeff flake, the arizona republican made clear he does plan to vote yes after voting to advance the nomination, but the other big question, joe manchin of west virginia who voted to limit debate to advance to the final vote. the voll nulnerable democrat ha said howry will vote tomorrow. we expect comments from manchin expecting to put out a statement and the statement from susan collins. i talked to a republican senator who met with the senate majority leader and he said he flatly does not know how this will go down. their fingers are crossed hoping they do get that 50 republican

votes or 50 senators to vote yes that forces mike pence to break a tie. at the moment, uncertain as we head into the 3:00 p.m. hour. susan collins will make the announcement about how she will ultimately vote. >> we don't know how the announcement will be. say she will vote no tomorrow, that would make it 50-50 and mike pence who serves as president of the senate would have to break the tie, unless joe manchin, the democrat from west virginia said you know what, i'm not going to be the deciding vote on this one. i'm voting no as well. is that possible? >> that's possible. joe manchin, i am told by one of the aides is that he typically votes yes on procedural votes on nominations. he tends to vote to break stalling tactics to get to the final vote even if he votes the other way on confirmation.

we don't know if that's what he is deciding, but we are waiting for the statement from joe manchin. so critical. >> it is. it could be very, very tense indeed. we will get back to you as soon as you get word. president trump watched the vote from his office in the white house and that the vice president, mike pence watched separately from his office until it was clear he wouldn't be needed to cast the tie breaking vote today. our senior correspondent is joining us. a good day for the president. how is he reacting? >> so far it is a good day. the jobs news, the lowest unemployment rate is the lowest since 1969. they voted much more on the fight. you said the president was watching with everyone else on the senate vote, but so important in this moment. there is a sense of optimism, i would say, at the ultimate confirmation of brett kavanaugh, making him a judge to a justice and they do not know if the vice

president will be breaking a tie here or not. in water wash all weekend, they do not know here what senator susan colins is going to do. the president for all the stakes on this will be a major legacy for him. never mind how messy the process was. he is a bystander. there is little he can do to influence any senators's votes. the president as of now is not scheduled to ark peer publicly, taking a much softer position if you will from earlier in the week. he was at a rally in minnesota. barely mentioned judge kavanaugh and only in a positive way did not repeat his mocking of the california professor, christine blasey ford. the president did not remention that. he is being oddly quiet today. sending out a couple of messages on twitter and otherwise we have not heard from him. all eyes will be on that 3:00 senate floor when susan collins

reveals how she intends to vote. >> that will be very, very significant and we will have live coverage during the 3:00 p.m. eastern hour. thank you very much. the senate will have its final vote on judge kavanaugh's confirmation tomorrow. joining us is senator katherine cortez masto. thank you very much for joining us. you said you will vote against judge kavanaugh. you voted no on the procedural vote today. what do you think of the decision from senators collins, flake, your fellow democrat joe manchin all voted to allow this motion to proceed. >> well, first of all, you can see that every senator is struggling. this is a difficult issue. a tough one and an penitentiary important one. that's what you saw on the floor today. i am curious like many and waiting to hear what susan collins has to say at 3:00. i thought lease's comments about

this being about bigger than one nominee or one man. this is about our institutions and the fairness and the right person to sit on the u.s. supreme court. the highest court in the land for a lifetime appointment. that weighs in to all of what we have to make the determinations that we have to think about when we are making this decision. >> lisa murkowski voting no today. the republican senator from alaska. would you anticipate the same totals tomorrow, 51 in favor and 49 opposed? >> i don't know. i have seen it go both ways. the short time that i have been here. some will stick with their votes and some may change them. we have seen that happen on the affordable care act vote at the end of the day. i think right now, it really is a concern for many of us that we should be looking at this to get the right person. this is bigger than one

individual. this is a lifetime appointment. i have said i'm not supporting judge kavanaugh not only because i disagree with his judicial philosophy, but what i saw from a sitting appellate judge, he sits on the d.c. court of appeals and the lack of temperament and impartiality that he displayed, i thought it was just to me a disqualifying factsor. that's not somebody who should be sitting on the highest court. >> was this at all a difficult vote for you today? >> all of us. and rightfully so. i take this very seriously. this advice and consent, particularly when it comes to down to a nominee who will sit on the highest court in the land and have an impact on the very issues we all deal with and care about. from women's health care to worker's rights to discrimination to whether or not the president is subject to the rule of law here in this country. there is so much at stake. we should be taking it

seriously. part of this is, we should have a full vetting and not fast track it with artificial deadlines set by the republican leadership. this should be an open process and have access to all the information. not limited. there should be a fullback ground investigation. i was the attorney general for nevada and prosecutor 10 years. i looked at the most recent background investigation conducted by the fbi and it was limited. no doubt in my mind from what i saw. i still had questions after reviewing it. where is the follow-up. why weren't these people questioned? i know unfortunately there was not full vetting here. that does a disservice to this country particularly when it comes to trying to find the right person to sit on the united states supreme court. >> what's your message to your fellow democrat, joe manchin of west virginia. he's in a tough race right now in a few weeks in west virginia. they will have to vote.

he voted in favor of moving ahead with the procedural vote today. he says he hasn't announced how he will vote tomorrow. if you have a chance to speak with him, what would you say to him? >> it is a tough decision for all of us. what i have said is this is tough because you have a credible woman coming forward and courageous enough to come forward without any benefit to her. she was credible and poised and answered every question. then you have obviously the nominee, brett kavanaugh, coming forward. we saw his response and how he was belligerent and evasive. that doesn't help as we try to uncover the truth. so that we can make a decision. that's what this was about. for purposes of my colleagues, it's a tough decision, but at the end of the day for me, it's about the right person that has what i just said, those

qualities. not only the right temperament can be impartial and has the ability to be the right person there. wolf, keep this in mind. there are so many qualified people out there. many qualified people that we can find and that we can work together and find that right person. that's why i think this is bigger than any one nominee. the process has been broken from the beginning and we center to get back to a point where we are working together with the white house to find the right person to sit on the supreme court. >> katherine cortez masto, democrat of nevada, thank you very much for joining us. with the mid-term elections over a month away, how will all of this drama play at the polls? brett kavanaugh's closing argument to undecided voters behind the judge's decision to pin up last ditch op-ed on the eve of the voting. eye eyes on susan collins. she will make her big announcement in the 3:00 p.m.

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roughly an hour and a half away of learning what brett kavanaugh's chances are of being confirmed to the supreme court. during the 3:00 eastern hour, susan collins, republican of maine plans to revealing her final decisions. she was one of four undecided before a critical vote earlier today on whether to advance the nomination for a final vote tomorrow. only one of the four senators, lisa murkowski, republican of alaska ended up voting no during that process. senators flake and manchin

voting yes giving a strong indication of how they will finally vote tomorrow. her final decision is up in the air at least until the 3:00 p.m. eastern hour. we will have special live coverage. our senior reporter and supreme court reporter and senior political analyst. a lot of us thought lisa murkowski and susan collins work closing to and both republicans and independent, they would at least vote the same way. >> we will see if it ends up happening. we have to wait to see what she said at 3:00 p.m. they have been locked up in big votings. they were the moderate gop senators to not vote for reforming health care. they are two moderate gop women.

those are the women that we are looking at in terms of the mid-terms and thinking about what they are going to do, particularly in the suburban districts in house districts in particular. it would be interesting if in the end, they sort of vote no together and whether or not that tells us anything broader about the bigger population of moderate gop winner. >> what are the chances that of the three undecided senators who all voted to allow this procedure to advance today, 51-49, we are talking about jeff flake and joe manchin, what are the chances they flip and vote against final confirmation of his nomination tomorrow? >> jeff flake i think the chances are extraordinarily low. he told reporters today that he expects to be a yes vote and he expects kavanaugh to get confirmed. >> unless something happens. >> exactly.

that was where he was at. i think he would be the biggest surprise. we will tune in in an hour and 42 minutes to see if, indeed, susan collins has an argument to make as to why if she decided to flip, why she would be voting no. why she wanteded to move on procedurally to get to had to this place. i don't know how to rate the chances, wolf. susan collins clearly wanted to carve out a moment in time to get all the attention on her to make a statement about this. she is going to have that moment at 3:00. we will wait to see what happens there. if susan collins is to flip, the big question is does joe manchin want to be the 50th decisive vote? the only democrat. he will be under enormous pressure from democrats in washington to flip with susan collins. i think he suspect under greater

pressure at home to support judge kavanaugh. >> explain why he is under so much pressure in west virginia right now to vote in favor of confirmation. >> i think david explained this earlier today. we were talking about this and a different electorate in west virginia that we are seeing in the other states where there are red state democrats who said they are going to vote against brett kavanaugh. >> it's all political calculations. there may be part of joe manchin if he decides to support mr. kavanaugh in the final vote. there may be something that said listen, i wasn't convinced that he was guilty. not that she is not telling the truth, but there wasn't enough there. manchin might be of the mind set, but he can't alienate the electorate in west virginia. >> you covered the supreme court and if he is confirmed tomorrow, 50-50 with mike pence breaking a

tie breaker or if it's 51-49. >> the vice president never had to step in even for a federal judgeship. >> this would be a historic first if pence is brought in to break the tie. >> the last time was back in 1881. going into the court, if this happened, he still has this cloud under him. he didn't want that fbi investigation initially but now that it came out, there was no corroboration. maybe that helps a little bit to remove this cloud. once he gets on the bench, if he does get on the bench, that cloud is still there and people will continually question. for instance, what if the mueller stuffer other investigations go up to the supreme court after he was so political in that opening statement. they are going to be people who are continuously bringing back the political nature of that statement that he gave on thursday. >> if he is confirmed, it's a

big win for the republicans and the president of the united states. as david pointed out and others have pointed out, take a look at the jobs numbers that came out. 3.7% unemployment in the month of september. the lowest since 1969. 49 years. you know the president is gloating about that. >> i think he tweeted about that earlier today. if he gets on the bench, this is probably the most important week of his presidency in terms of what it means and what it means for the mid-terms and what it means for his legacy. if kavanaugh gets on the bench, it's a culmination of a decades long fight among republicans to control the courts and it will matter for 30 or 40 years on many, many issues. abortion, voting rights. gerrymandering and redistricting. gun rights and the death penalty. all sorts of issues that come before the court. obamacare as well.

that will be a big issue, too. at some point donald trump said folks will get sick of winning. this of week, that might be true. there have been a lot of ws. >> a lot of democrats assuming there will be a blue wave in a few weeks in the mid-term elections. if this nomination is confirmed, another conservative is on the u.s. supreme court not for four years or year, but maybe for 30 or 35 years. that's a big political gain for the republicans and the economy is in pretty good shape and the numbers are impressive. >> no doubt about that. for the bulk of the last year and a half since donald trump has been president, if you look at politics in america, we have seen enthusiasm on the democratic side and in special election after special election. turn out numbers across the primary season. we have seen democrats so excited and enthusiastic to deliver a report card to donald trump two years into his

administration. every republican strategist really concerned about complacency among the voters which is natural when you are in power. now, if they get kavanaugh on the court, this is a shot in the arm for republicans to feel good about this. i'm not suggesting that a blue wave doesn't happen. i think this kavanaugh episode has been terrible for republicans in the house landscape with white college educated women and where republicans need to hang on to the seats. on the senate map that so much about this is playing out in deep red states, getting had to that shot in the arm, that keeps mike braun in the hunt in indiana and in montana. those democratic incumbents, they would love to have no parody and enthusiasm. they are not loving that republicans are psyched about

this good week that the president may very well cap off tomorrow with a final vote. >> joe manchin in west virginia as we know as well. there is more on how brett kavanaugh could shift the ideology of the highest court in the land. our special coverage continues. come on dad! higher! higher! parents aren't perfect, but then they make us kraft mac & cheese and everything's good again. about medicare and 65, ysupplemental insurance. medicare is great, but it doesn't cover everything - only about 80% of your part b medicare costs,

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the current supreme court justices will be directly impacted by brett kavanaugh's expected appointment if he is confirmed tomorrow, but traditionally they refrain from commenting on the nomination process. covering the supreme court for 25 years, share some insight on how the justices are viewing all the drama of the past few weeks. >> thanks, wolf. here you see the last time they had what they call the class picture taken. after neal gorsuch went on and you saw anthony kennedy there. when he leaves and if brett kavanaugh is confirmed, moving the court over to the right. he is much more with justices alito, clarence thomas than towards the center. there are four worth looking at

not just with ideology and how their face might change, but their relationships with him. let's take the chief justice. he worked with brett kavanaugh in the 90s. he has known brett kavanaugh for many years and brett kavanaugh even had a hand in george w. bush choosing john roberts for the supreme court, but he is also very concerned about the reputation of the court. wondering how this will all shake out. bottom line, wolf, brett kavanaugh would give him a solid fifth vote for his side of the court. then we go to clarence thomas. we have invoked so many times during this ordeal because back in 1991, he face said sexual allegations in his case. it was sexual harassment alleged bee anita hill, a former colleague of his. he has been feeling some sympathy for what brett kavanaugh is going through and if brett kavanaugh joins, he would be with clarence thomas on

the right of the court. then we move over to the left and we have the leader of the left wing, ruth bader ginsburg who is notable for two reasons. you know she is a leading feminist and made her name in the 1970s as a women's rights advocate and has spoken publicly about the me too movement. the thing that is most important for her is she is about to be only in dissent. the main guy who she used to be able to count on, anthony kennedy is gone. folks have asked will she try to ostracize this new justice if he gets on? absolutely not. ruth bader ginsburg is an institutionalist who will help close ranks around him. elena kagan actually has the background unlike brett kavanaugh in having worked with administrations. she also when she was dean at harvard law school hired brett

kavanaugh. that's the school that now said in fact he is severing ties with harvard law school right now. elena kagan might have mixed feelings about this confirmation process and about this nominee, but when it comes, she will also join in closing ranks. wolf? >> good explanation. thank you very much. if brett kavanaugh is confirmed in a final senate vote tomorrow, how could that affect the composition of the supreme court? let's bring back the analyst. it will be dramatic, i assume, if it's a 5-4 conservative advantage over the liberals in the u.s. supreme court. that's going to continue for a long time. >> think about across every issue. i think as joan said many times. where anthony kennedy may have felt where his impact had the greatest effect, it may have been on the hot button social issues. the issue of abortion which is when you have any supreme court fight, it seems to be the

galvanizing social issue. yes, this is a potentially quite dramatic shift and perhaps lots of 5-4 decisions are ahead. where as when it was the kennedy court, if you will, that 5-4 would be a movable target. here it's going to be a reliably conservative 5-4. >> we saw judge kavanaugh do things in this process that i don't remember ever seeing before. he did a television interview at one point to generate support. he came out screaming in his second round of questioning as we all saw. he was very, very angry and alleged all these experiences out there to get him. yesterday on the eve of this vote, he writes an op-ed in the "wall street journal." >> he writes an op-ed to say pay no attention to the screaming guy you saw last thursday. i'm actually an independent jurist and will be independent

and have been in my life and i will follow the constitution. the thinking there is some of the folks like murkowski and flake and collins might have been put off a bit by his display of temperament and partisanship. it clearly didn't work with murkowski because she voted against him and said he was the wrong man for this time. we will see. we will see what collins says. is this top of mind for her and something he will bring a partisanship to the court? you mentioned that the audience was the court itself and must have been concerned looking at such a display. we have never seen that. >> you covered the have supreme court. have you ever seen a nominee write an op-ed and do a television interview and come out so angrily?

>> we have never seen any of that. what was so interesting in that op-ed is he was trying to get back to the judge kavanaugh that came out long before the allegations. i have been on the bench for 12 years and have 300 opinions and tried to push away the earlier time in his life when he served in the white house. he served for ken star. he knows that he needed to do that for collins and for flake and people who just couldn't abide by some of that political language he used. he it to do that. >> the political fallout can be significant. >> it's something we will see immediately. we are close enough to the mid-terms that any momentum that comes out of this for either political party and there will be momentum that comes out of this, we will see real results to see how this has affected the country. if it has been affected at all. maybe we are overanalyzing

everything and democrats are going to win the house, but not by many. everything is up in the air. >> for he is confirmed and becomes a supreme court justice and likely at least right now that's what it's looking like, a lot of democrats have said to me and i'm sure to you, you know who is to blame at least in part for this? democrats. harry reid. he was the one who pushed through that so-called nuclear option a few years ago, reducing the threshold from 60 to break it to 50. 51. you only needed a simple majority. there is a lot of complaining. it looked like it was a good opportunity to get people confirmed, but mitch mcconnell said they only need 51. >> the supreme court nominee. >> that was not part of it, but they gave him an opening. i heard the complaining about harry reid.

>> no doubt. both sides of responsible for the deterioration of any kind of consensus candidate. that doesn't exist anymore. when people are talking about it got so partisan, that has infected the process of the courts as well. if you look over history, take the nine or eight currently serving justices and look at their votes. their confirmation votes. ruth bader ginsburg had 90 something votes to confirm. you are over this last generation, you have seen the narrowing of the vote and the more partisanship fuel-injected into the process. harry reid going nuclear and mitch mcconnell said the supreme court as well. that ensured that we were in a place. if you don't need 60, you don't need to reach across the aisle if you have a majority. >> and the decision hold back the seat on merrick garland. you can see the results on all

of the tension and bitterness from both sides. >> even ruth bader ginsburg complained about the system. she was an aclu lawyer and she said it got out of control. she has not dawk of talked directly on this, but she lamented how these confirmation processes have changed. >> any future senate will go back to that 60 number you need which generates support for more moderate middle of the road candidates as opposed to the 51 that is the requirement right now. up next, a republican senator's reaction to today's vote. mike is standing by and you see him on capitol hill. we will discuss after this. i used to book my hotel room on those travel sites but there was always a catch. like somehow you wind up getting less.

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president trump today congratulating the senate on twitter on the procedural vote, 51-49 in favor of judge brett kavanaugh. joining us now is senator from south dakota, thank you very much for joining us. >> appreciate the opportunity to visit with you this afternoon. >> this is what you wanted and you supported this nomination. what do you think of the vote total and do you believe it will be the same tomorrow, the final vote count on the senate floor, 51-49 or will some senator, some of your colleagues flip and change their minds? >> we won't know until the vote actually happens. we know we have a couple of senators that may not be here tomorrow unless they are needed.

>> let me interrupt you. when you say a couple, we know of one senator from montana whose daughter is getting married. who is the other? >> let me say there is a rumor that one of our democratic colleagues may not be here as well. if that's the case, they may very well pair where they hold votes at bay. >> can you share with us the name of the senator? >> no, i won't do that. if they want to announce it, they can. i'm not going to do that to them. i'm not sure it's going to happen or not. even if that were to happen, it still goes back down to those that were here as a majority vote. i think it's going to be similar to what it is today. i think the vice president is going to be on call just in case, but i think the numbers are within one i think of where it's going to be. >> what time is that final vote taking place? >> we know it probably will be

before 5:00, but we don't know for sure. it depends on whether or not the colleagues want to use up all the time. we are entitled to use 30 hours. we will run it through the night and keep the senate open. work all the way through and have a vote tomorrow afternoon if our democratic colleagues want to visit about it throughout the day, we will continue on. if they decide they want to give sometime back and maybe call the question on it earlier, it takes unanimous consent to do that. it's not unreasonable to have that happen on a saturday afternoon. >> this is a historic vote. i suspect they will take all the time and we will see if that happens. susan collins, your republican colleague from maine voted in favor of the procedural vote to advance the confirmation process today. she will make her final announcement on how she will vote tomorrow on the 3:00 p.m. eastern hour. do you have any idea which way she will go? >> we hope that she stays the

course. she is very thoughtful in her analysis. she has been and i know she spent a lot of time yesterday in the private spot where we were and going through things and analyzing to make sure she had all of the information available. clearly it was data she had requested and she was concerned about getting more information on. i think she is doing due diligence which is what she as an individual wants to do and hopefully the analysis she made to move forward fay ises true and she is able to kaftan affirmative vote for judge kavanaugh's nomination. >> isn't, your colleague from alaska lisa murkowski voted no and presumably will vote no tomorrow. what do you say to lisa murkowski? >> i haven't had a chance to talk to lisa. she was also in the room with us yesterday for about 2.5 hours as we went through the information and the testimony. i think she is trying to do her

best to make a decision. once again, we are all united states senators and have an obligation to do what we think is right. there is a sense that senators arm twist and we really don't do that. we share and are there to talk with one another. we have points of view that we try to share, but you have to respect each other's rights to make the decision and allow that to happen. we all want that opportunity ourselves and we all want to protect that for our other members as well. it's up to lisa and we understand she has a tough decision to make. we wish she would come the other way, but she is working hard to do what she thinks is right. >> joe manchin of west virginia. >> same thing with joe. >> these are tough decisions for all 100 u.s. senators and we appreciate you joining us. >> thank you, wolf. >> in just over an hour or so from now, we will hear from susan collins, the senator from maine. she will reveal how her final

vote on the senate floor will be. will she vote to confirm the judge or not? that will help decide his fate on the u.s. supreme court.

protesters have again ascended here on washington, d.c. ahead of confirming the final vote. we've already seen some arrests today, yesterday as well. more than 300 protesters were arrested up on capitol hill. they're desperate to do something, anything from their perspective to try to stop kavanaugh from joining the sport.

cnn's tom foreman is on the streets. what are you seeing, tom? >> reporter: wolf, exactly what you explained. there are a lot of people who see this as a last-ditch effort to try to derail this confirmation. here on capitol hill over in front of the supreme court and importantly in the hallways outside senators' offices, we've seen small groups of protesters today trying any way they can to engage any senator they can. many started the day and are still saying they expect brett kavanaugh will probably be confirmed but they're hoping by an 11th hour change of heart who might be the surprise senator to come out and turn things around. if not that, they want to at least make sure their message is carried to the mid-term elections so lawmakers know this

vote in their mind will have consequences. >> tom, we'll stay in close touch with you. there's breaking news coming into cnn. a jury has reached a verdict in the trial of chicago police officer jason van dyke. van dyke shot the teen-ager la kwan mcdonald no less than 16 times back in october of 2016. the verdict is expected to be read within the hour. we'll have coverage of that for you. also in about an hour, a big announcement on one of the key senators who could decide the fate of brett kavanaugh, whether he will be a supreme court. senator susan collins will reveal her decision during the 3. eastern hour. we'll have special live coverage of that. i'll be back with dana bash during the 3 p.m. hour for that coverage. in the meantime, stay with us. lots of news. ♪

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>> announcer: this is cnn breaking news. >> hello, i'm ana cabrera in for brooke baldwin. senators voted to advance brett kavanaugh's supreme court nomination to a final floor vote tomorrow. his confirmation is still hanging by a thread. next hour senator susan collins will announce if she is a yes or a no for tomorrow's vote, potentially making this margin even thinner. now, to be clear, today's vote was to