bader ginsburg for the second night in a row and this is our breaking news now. the president telling a packed crowd in north carolina tonight that he'll have a supreme court nominee next week. >> i will be putting forth the nominee next week. it will be a woman. it will be a woman. >> that as senator susan collins dissents. given the proximity, i do not believe they should vote on the nominee prior to the election. the president, no surprise, does not agree. >> we have an obligation.

>> move forward. >> sometimes in an election, things don't work out well? >> this is a fact check for the president of the united states, do not lose a presidential election. this was president trump. the poison ricin addressed to the president was intercepted by law enforcement. according to two law enforcement officials. the package came from canada. authorities are examining similar, we're living in really unusual times, the president's

attempt through the supreme court nominee. in the face of all this, the hypocrisy of senate republicans is really stunning. not surprising. when you can blatantly knowingly contradict your own words, words you know are on tape, that takes a special kind of hypocrisy. this is mitch mcconnell in 2016. and have a profound impact on our country.

>> mcconnell saying this, hours after the death of ruth bader ginsburg was announced and that, quote, president trump's nominee receive a vote on the american people get a say in the choice of the supreme court justice. pick a president and that president should select a successor to justice ginsburg. manu, it's clear the president will nominate a justice,

probably depends on the handful of senators and whether they'll keep their word. >> 45 days away from the election so in a normal situation, this would wait until after the election. republicans have several things they need to calculate, whether the votes are there. can't lose more than 3 republican senators in order to move ahead, already one republican, other republicans, indicated would be open to delaying the nomination, the supreme court until after an

election. ginsburg passed away, office is not commenting beyond that. a couple of senators raised concerns like chuck grassley told me in late july they should not move to the vacancy this year and not saying where he stands tonight. someone to look at as well, not saying yet, as well as al alexand alexandra. to get behind the nominee and the question, will it help them politically come november to keep the senate majority and keep the white house? >> i want your take on senator collins because she said she has

no objection to the president nominating someone now but also says the trump nominee in that scenario. t >> you're the president, work on your nominee. knows that's going to happen anyway. in a tight race. going to win and nominee. a lame duck session where i am still the leader, should lose control of the senate, i'm going to try to do this. susan collins to be there, the

saving vote, that happened. the nominee prior to the election. this is, you know, for mitch mcconnell, i cannot overstate, a sha shakespearean. and also a supreme court seat. don't forget, he's been working on packing the courts with conservatives right and left. now a supreme court seat and his majority in the senate are both at stake at the same time on the same nomination. it's quite remarkable.

>> for everyone out there who says, susan collins. before the election. >> he plans to appoint a woman and it's pretty interesting the see how the dynamic played out here in fayetteville because before the president even began talking about the supreme court nomination, the crowd here erupted in a chant of "fill the seat, fill the seat, fill the

seat," it's clear they don't want the president to wait. behind, saying they do want him to appoint a woman. making it clear that's what he plans to do. not clear when he'll make the official announcement but sources tell managering me and holmes is president going the wait until the burial. that could happen rapidly, at the beginning of the week, to make the announcement, at the end of the week but pretty clear that he's going to move quickly he

here. >> they can slow walk this. the senate filibuster rules changed by mitch mcconnell over supreme court nominees, changed it for lower court nominees and others. 51 senators advance this nomination and 53 republican senators, what democrats can do procedural things to slow down. chuck schumer said all options

are on the table for next year and among the things being discussed to eliminate the filibuster rule for legislation, allow him to pass a bill to expand the supreme court potentially add more seats to the supreme court, various different measures, and democrats tried to do if mitch mcconnell moves forward. >> joe biden is saying that. just changing. >> i think he softened his position a bit. i don't think we know definit e definitively on that. >> that's dangerous like what republicans did, senator tom tillis. the trump rally tonight. in a tight reelection bid.

what he's saying about the nomination here? >> made it pretty clear. going to follow the president's lead on this. the nomination to make and the timeline to set and that he's going to vote for whoever the president puts up for nomination. it's important to point out as well, senator tom tillis sits on the judiciary committee but he'll play a very important role, an important stake. important factor heading into this election, clear where it stands. air force one in the picture, using air force in his e relexx.

reelection. the campaign. this is armageddon right now heading into. he wants to talk about covid, covid, covid. now you're going, of course, to talk about scotus. the supreme court. the democratic source today or make it clear to me to kind of those two things, saying your health care is at stake here. if you get a conservative, ruth bader ginsburg was the one who said, you know, i'm not going to overturn the affordable care

act. if you don't want to kill obamacare, then you really need to vote democratic and stop this. >> thank you all. i appreciate it. we'll see you soon. senate majority leader chuck schumer said nothing is off the table if they move forward with the supreme court nominee in the coming weeks. what does that mean is this i'll ask senator chris van holland. he's next. get 20-40% off all engagement, wedding and anniversary rings. only at kay jewelers. (groans) hmph... (food grunting menacingly)

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discuss kris van holland. i appreciate you joining us. we are told that chuck schumer said nothing is off the table. >> indecent that mitch mcconnell did not even take a respectful pause to honor the life and legacy of justice ginsburg before he plunged into the power grab. the grim mark of 200,000 americans dead. because of donald trump's

negligence and his knowing inaction. in order to stack the court with radical right wing justices, take people accent to affordable care act. and that's what this is all about. but we want to make sure that the american people hear loudly and clearly, what the consequences of this abuse of power would be in their lives. >> does that mean expanding the cou court? >> we are focused on stopping this now. not what actions in the not

successful, very focused on right now, using every tool availab available, both procedurally and really very importantly in these senate races going on around the country, very close senate, people in the states are going to hold them accountable. if they take the pandemic we're in right now. take away workers rights, that is the choice the senators would be making, and we think it's important in this moment that the american people rise up, and address this moment, as you know, it takes four republican senators to say we should wait until after the presidential

inauguration. the position they took in 2016 when barack obama presented a supreme court nomination. >> it seems like a simple majority and i know you say all options are on the table, pretty tough. let's move on. before the election, the court appointment should be made by the president whose elected on november 3rd. but no specific, i will not vote, if the president nominates someone. doesn't say that. do you think that that is enough, what do you think about susan collins? >> i interpreted her remark to

say she would not support any action, she would oppose any effort, the nominee for election day. the presidential inauguration. exactly the point i've been making. we need three more republican senators to do that. we need for the people, contacting their senators, phone should be ringing off the hook. in the end, it was one vote.

for the public to say, not vote nor any nominee! with all due respect, she's not saying specifically she would not vote for any nominee. she's saying i don't believe this, all fairness to the american people. and nowhere in this statement does she say i will not vote. she says, i do not believe that the senate. reelecting the president or the new one. the decision of a lifetime appointment to the supreme court should be made by the president who is elected on november 23rd. she could have easily put out a statement saying i could not be voting but that's not what the statement says. it just, it goes all around that and doesn't say specifically i'm not voting. >> she's going to have a hell of a time explaining to her constituents if she ends up voting for a trump nominee

before november 233rd. how that squares with that statement. indications well aware of the fact hold her accountable for moving in this direction because they understand that what's at stake is losing assets, take up exactly that issue. and understand we could look at her statement and reach a different conclusion. i think having made that statement today, she would be very hard pressed going into electi election, the main thing we need to focus on is other republican senators doing the same thing. we will continue as we said,

stop the abuse of power which is what it is. and the best way, the one way we can certainly stop this is if the american public rises up and says, my god, we're in the middle of a covid-19 epidemic. we have people hurting on the health care front. people dying. we have people, and really, you republican senators are going to support mitch mcconnell's effort to stack the court with radical right wing judges. we're going to take away your access to affordable health care. take away women's rights, that needs to be our focus in terms of communicating with the public, what's at stake here as we also look at every procedural tool and device to stop the abuse of power. >> senator, best of luck to you. thank you very much. i appreciate you doing this.

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fierce political battle under way over who will replace justice ginsburg and whether a vote will take place. huge impact on issues heading to the supreme court. let's discuss now chief legal analyst, mr. jeffrey toobin.

good to see you. >> hi, don. >> putting aside the fate of justice ginsburg. election related cases if they arise. >> well, this is yet another phony issue that's arisen because the supreme court has had eight justices, at many times in its history, including very recently. after justice scalia died, the court had eight members of a year. if the court splits 4-4. the lower courts decision is affirmed. that happens several times during the 8 member court, so it's not like the court is paralyzed with only eight members. it just functions into somewhat

different way. >> that has happened many times in our history. but the idea that the court would somehow be paralyzed with eight people as opposed to nine is just silly, the same argument could have been made in, nine justices by time the election. didn't want nine justices by the time of the 2016 election. phony argument to get to where they want, which is to get another conservative on the court.

>> what if those similar cases make it that way? >> absolutely. and the pennsylvania supreme court just had an important decision at the end of last week. that was actually a very significant victory for the dch democrats because it said votes postmark postmarked, and received afterwar afterwards, that decision could be appealed to the supreme court and if it's appealed, eight justices will decide it. it's not -- >> i think the question, if there's more conservative court, election issues arised.

issues that rise about anything, what the president wants, eight people on the court and leans conservative. >> what's really going on here, don, is the conservatives, ted cruz, the people who are saying we need to confirm someone before the election, they just want another vote, and probably right. the five conservatives voted for bush in the four liberals voted for gore. the justices deal with the political cases, they wind up voting in court the way they voted in the ballot box.

>> obamacare, one week after the oral arguments in the republican effort to overturn obamacare, without justice ginsburg, the law basically doomed. the first and second big challenges to obamacare came before the court. somewhat different than the ones that john roberts.

what makes this particularly perilous for, even if robert voted with the liberals in the case. they're now only three liberals. so brier, kagen and roberts and a 4-4 tie and that would affirm the lower court decision which struck down obamacare. very serious threat to the survival of obamacare. >> jeffrey toobin, thank you so much. we'll be right back. (vo) what kind of value are you looking for with your next new vehicle? with subaru, you get kelley blue book's 2020 best resale value brand, 2020 lowest 5-year cost to own brand, and most trusted brand for 6 consecutive years.

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the president will have a nominee to fill the seat next week. the executive director of the progressive group demand justice. he was just department official in the obama administration as well. brian, thank you. right now, as we speak, we show the picture, put them up again. >> move on indivisible, popular democracy. women's march and other group and very involved in the fight against brett kvn two years ago a the true icon in the court with ruth bader ginsburg and tomorrow we need to come out and need the

result to fight. this is a situation when we know the numbers are in the republicans favor and we have to go out and honor the legacy of ruth bader ginsburg, trying to hold donald trump in the republicans to honor her last dying request that the next president get to fill her seat. go out there, we'll organize and do our darnedest. when the situation happened last time with merritt garland, back then i worked for hillary clinton in the presidential campaign against donald trump and we lost voters who cared about the supreme court as their top issue by 15 points. this time has been consistent poll after poll, people are going to be intense and going to come to fight for rbg in the next couple of months. >> the question is, what does that mean? chris van holland and said he wanted to take, motivate voters, didn't say specifics, but you laid out very clearly, and

everyone is saying, we've got to fight. number one, oppose trump's nominee prior to the election. keep the seat until biden takes off and if gop rams trump's pick through anyway, add seats to the court. there is no other plate. the first three are straightforward. difficult. but if democrats are prepared to add seats to the court and sometimes playing by the court. >> they're channelling this raw energy and emotion brought up since the passing of ruth bader

ginsburg. make these senate republicans, make them feel shame over jamming this through. the end of their political career potentially in november. >> you don't think they'll win over enough if it actually goes for a vote. >> i think we can do our step by st step, and brandish the credible threat they do have at their disposal, which is to say, if they win back the senate, the issue to help their cause, warn the republicans to do what they did again in 2016 and steal the supreme court seat that we're going to change the filibuster

rules and add seats to the supreme court. if we let the 2016 situation replay itself here in 2020, we'll only have ourselves to blame for the next three to four decades of a trump supermajority on the supreme court. democrats have that within their own power to threaten that. i think that could seriously put some pause in the mind of rank and file republicans. maybe not mitch mcconnell, but people like mitt romney. >> there are democrats who are opposed to the electoral college, they believe it's not fair to most people in this country. because the minority has ended up electing the president too . many times. but the supreme court, that means the electoral college is in jeopardy and that means republicans will have a tough time to win the presidency if ever again. >> you have to think about the supreme court and how it is to

be that the republicans have a hammer lock on the supreme court for decades. even though democrats keep winning the popular vote time after time. the supreme court, way we get it is we have a president that has been, we've had two republican presidents in a row elected without winning the popular vote and then nominate justices for the supreme court, the population and now a portion in the senate and the supreme court is really residue, too many ma jortarians in the system and out of step completely with the public's views on common sense like gun safety and solutions to climate change. and a woman's right to choose.

blow each of those issues. i think it will waken the public even more quickly and the pressure on democrats in 2021 will be intense. the supreme court. >> i know we're out of time here. what do you, how do you feel about democratic voters in 2016 who were either tepid about hillary clinton or just didn't go out to vote. what do you say to them now? >> a lot of people made the mistake of thinking that hillary clinton had it in the back. they said antonin scalia who died, it's a republican seat. it's not going to if donald

trump adds the seat, hang over and kneel gorsuch was nominated. and not an inclination to fight on the part of the democrats when the nomination was first rolled out. and again, when brett kavanaugh, not until christine came forward with her allegations that you saw an uprising in the country. it's anthony kennedy, republican appointee, taking it for granted too many years, now the capstone of a 40 year project that republicans and the federal society embarking on to steal the supreme court. about to pull it off and i think democrats, democratic voters are finally saying enough, poll after poll shows that joe biden and supreme court appointments over donald trump. i think the potential for republicans to experience, quite high. >> thank you so much. i appreciate it. we'll be right back. (groans) hmph... (food grunting menacingly)

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>> they enjoyed going to the opera together, they enjoyed discussing particular operas, and of course, they appeared together in an opera. >> that's "rbg" coming up at 10:00 p.m. the battle over justice ginsburg's supreme court vacancy throwing the 2020 election into deeper chaos. so now what? non-valvular afib can mean a lifetime of blood thinners. and if you're troubled by falls and bleeds, worry follows you everywhere. over 100,000 people

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this is "cnn tonight" and i'm don lemon. president trump moving quickly to name a nominee to fill the vacant seat on the supreme court, following the death of the late -- last night, of ruth bader ginsburg, saying that he'll make his choice next week and that he'll choose a woman. and sounding more defereinite at it at his campaign rally in south carolina tonight than he did a few hours earlier when he was leaving the white house on that way to that rally. i want you take a look at it. >> i will be putting forth a nominee next week. it will be a woman! it will be a woman! >> i could see most likely, it would be a woman, yeah. i think i can say that. it would be a woman, if someone were to ask me now, i would say that a woman would be in first place. the choice of a woman, i would say would certainly be