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

appropriate. >> from, more than likely than, it will be a woman. the president also saying, once he makes his choice, he expects the confirmation process in the senate to move quickly. the senate minority leader mitch mcconnell vowing that the president's nominee would get a voe, but democrats will try to stop that. more tonight from manu raju. >> this decision ought to be made by the next president. >> that was senate majority leader mitch mcconnell they be, when president obama was president in 2016 with a vacancy on the supreme court. but times have changed, and so as the president. >> i would fill it. >> reporter: republican leaders are plotting a full-throated effort to fill justice ruth bader ginsburg's seat, with the election just 45 days away. trying to make the argument it's different now because republicans control both the white house and the senate. privately, mcconnell and trump speaking about potential nominees on friday night. and the gop leader in a message to his colleagues, urging them

to keep your powder dry and not take a position on whether the winner of the november election should be the one filling the vacancy left by the death of ginsburg. on saturday, senator susan collins of maine facing the toughest re-election of her career, breaking ranks, saying the decision of a lifetime appointment to the supreme court should be made by the president who was elected on november 3rd. but with the 53/47 majority, democrats need a total of four republicans to vote "no" and stop the nomination. gop senator lisa murkowski, before ginsburg's death, made clear she did not want to move ahead on any vacancy before november. and it's unclear if two other republicans will agree. privately, top republicans are arguing that a supreme court fight will only boost their chances at holding the senate majority in november. and several republicans in difficult races are indicating that they'll vote to confirm trump's nominee this year. even though some endangered republicans, like north carolina

senator thom tillis, took the opposite position in 2016. >> if we're going to let the american people speak! >> reporter: yet, moving ahead before november could squeeze republicans like cory gardner, running for re-election in democratic-leaning colorado. gardner's office did not respond to questions about whether the winner of november's elections should make the hugely consequential pick. it typically takes between two to three months to confirm a supreme court nominee, meaning it would be much faster than usual to approve a replacement before november. yet, if a vote slips until after the november elections during the lame-duck session of congress, there's another complication if arizona's appointed senator, martha mcsally, loses in november. that would mean that democrat mark kelly could be sworn in by the end of that month, bringing the gop majority down to 52-48. so mcconnell has little margin for error and several senators are uncommitted, like utah's mitt romney and some senators in the past have been wary about an election year confirmation, like senator chuck grassley, who as

chairman of the judiciary committee refused to hold hearings for obama's nominee 2016. he told cnn in july -- >> if i were chairman of the committee, i couldn't move forward with it. >> reporter: on saturday, his office declined to say if that is still his position. others have clearly shifted theirs, including lindsey graham, who now chaired the judiciary committee and said this in 2016. let's let the next president, whoever it might be, make that nomination. and you could use my words against me. >> reporter: now, don, lindsey graham says things have changed since his previous comments and he's pointing in particular to what happened to brett kavanaugh in 2018, that supreme court fight, he says he now views this situation differently. but if republicans do move ahead, democrats are warning that they might retaliate in certain ways, potentially even trying to move legislation next year if they take the senate majority to expand the supreme court, add more seats on the

supreme court. they would potentially have to remove the senate filibuster rules to do just that. that would have dramatic ramifications on the senate itself. but on a conference call with senate democrats earlier this afternoon, chuck schumer said that nothing is off the table and dick durbin, the senate democratic leader said tonight that all options are being reviewed. don? >> manu, thank you very much. appreciate that. a lot to discuss with cnn's senior political reporter, nia-malika henderson. our senior political analyst, kirsten powers, and political commentator, matt lewis. matt, it's been a long time, hello one and all, it's good to see all of you. nia, let's start with you. if we thought that this election was already chaotic, the next 45 days are really going to be next-level. what are you expecting in this political fight ahead? >> yeah, the supreme court moves front and center. we thought in many ways this would be about covid. now it's going to be about this fight. i think you're going to see the lines drawn in real contrast between the parties.

arguments about what the supreme court should do, arguments about abortion, our rights, whether or not they should be preserved or rolled back. arguments about the aca, as well. so again, this was something that was unexpected coming right in the middle of this already contentious and toxic and sort of base-heavy campaign. you're going the see both of these sides, try to jazz up their bases. you know, there's all sorts of arguments about whether or not this favors republicans, whether or not it favors democrats. i think in many ways, it jazzes up both bases, who now are focused on the supreme court, particularly democrats, who haven't been focused as laser-like on the supreme court, as republicans have in the past. now you have them really focused on this. and i think you're going to see a real sharp arguments from both sides about why the supreme court matters. >> and nia, i think this is going to be -- this is huge. this adds another gigantic story

and throws a wrench into this election, but covid will certainly be on the ballot, as well, and people will be paying attention to that. it's important to a lot of americans. matt, you find yourself agreeing with president trump that this process should move forward without delay. and you say elections have consequences. >> that's right, don. so, for me as a never-trump conservative, i don't like trump, but i'm still a conservative. and so test i ask myself is like, if marco rubio were doing this, would i support it? and i would. i think that, look, the president is duly elected and the senate has the responsibility to do it -- give advice and consent and to confirm nominees. so this is an entirely legitimate process. presidents are elected. they get to pick supreme court nominees. the current senate gets to at least try to confirm this nominee. and i'll say, look, donald trump's done a lot of things i

don't like. he's been pretty good about picking supreme court justices. so i think if you're a conservative -- if you're a progressive, obviously, you shouldn't like this. if you're a conservative, we've already -- look, we've had to take all the bad parts of donald trump. this is the good -- something good that could come from it. and so that's why i think it's maybe, again, a tragic event, but in terms of donald trump's ll legacy, and this may be what it comes down to, i see it as a net positive. >> but having said all of that, matt, and we have been on the show and we have debated back and forth and you have criticized the president numerous times for being a hypocrite. and you're cool with the total hypocrisy we're now seeing from the gop? what about merrick garland? >> well, look, don, there's no doubt that it's hypocritical. look, you can play back the clips of lindsey graham and mitch mcconnell saying we're not going to -- you know, we shouldn't do this during an election year or the new president should be the one to make the pick.

or that's what democrats will say. i think on both sides, actually, you could show some hypocrisy. there's no doubt that republicans are hypocrites on this issue. so i would ding them on that. but to me the question is, does a dually elected president have the right to nominate somebody if there is a vacancy, and he does, and does the senate have the right to confirm that person? and so i -- >> they do have the right -- >> can i -- >> yes, you can, but i want to ask you, what was your stance in 2016, matt, about merrick garland? >> in 2016, i thought that mitch mcconnell was playing hardball, i thought it was unchivalrous, but i also thought that it was probably smart. in fact, i think you can make a pretty good argument that the reason that donald trump won the election in 2016 -- >> matt, you sound like the people you criticize for -- listen, i agree with you, i think that they have the right, but you sound like the people you criticize for, for, you know, accepting everything that

donald trump does. and, at what price? it's the supreme court, so the hypocrisy is okay now? >> i mean, you know -- >> it's also -- it's not hardball. it's not hardball. this idea that he's playing hardball, he's not. this is unethical. it's -- hypocrisy, fine, people in d.c. can be hypocrites. if you want to write that off. the point is, the republicans stole a supreme court seat. we need to not lose sight of this. if they move -- >> that's not true. >> yes, it is true! >> that's not true! >> listen, i sat here and listened to you, so can you just listen to me? if they go ahead and hold one standard for themselves when barack obama is president and hold a different standard when donald trump is president, and in both cases end up with a supreme court nominee going to the supreme court, then they have stolen one seat. that is what has happened. so the fact that you're

defending that they lied, first of all, so you're defending lying. you're defending the fact that mitch mcconnell, lindsey graham -- >> no, i'm saying mitch mcconnell lied. >> -- stood up and lied and said all -- they believed all of these things, it's all on tape. that they are now saying that they don't believe, and are coming up with this bogus explanation, because the senate is in different hands. it's ridiculous! there's nothing -- >> no, kirsten -- >> it's like saying it's a full moon and now it's going to be different. i'm still talking. i'm not done. >> how long you going to talk? >> let her finish, matt. matt, let her finish. >> i'm going to finish my point. the point is, it's a completely bogus, ridiculous, gaslighting, made-up thing that because the senate is in the same hands of the white house and the senate -- the senate and the white house are the same parties, it's just completely made-up! >> no, that's how the constitution works, kirsten.

no, that's how democracy works. >> no, it's not. >> when president obama nominates merrick garland -- >> this is how democracy falls apart, matt. and all you talk about is being a conservative. what about being an american? >> yeah, go ahead, matt? >> well, i'm for following the rules. and the rules say when president obama nominates merrick garland, then the senate gets to decide, first of all, whether they will even entertain this. that has actually happened -- this is not unprecedented. but they could just voted against merrick garland. there's no rule that they have to confirm barack obama's nominee. they are dually elected. they have the responsibility in our government to advise -- provide advice and consent, and that's what they did. >> and what do they typically do? >> we may think it's unseemly. we may think the way they handled it was uncool, but this is appropriate in terms of following the constitution. >> no, it's not. >> but they wouldn't even take it for -- >> that's not how things have been handled in the past.

it's not what happened when there was a democratic majority in the senate, when justice thomas came up. there are norms and you talk in your column about norms. the people that are busting the norms are the republicans. >> i've got to go. >> what about the people that are talking right now -- >> matt, thank you. nia, you and i will go in the next room. i hate it when mommy and daddy are fight. thank you, both. matt, good luck. >> thank you. >> matt, good luck. just both talk about it offline. >> all of this is happening in the middle of a pandemic. it's unbelievable, in the middle of what's shaping up to be an epic pallet ovbattle over the s court, this pandemic is still raging in this country and we're getting closer and closer to the grim milestone, 200,000 coronavirus deaths. today, 29 states are trending upward with new cases, a stark difference from the start of the week. and tonight, two very different public gatherings related to other -- to our other big story, a vigil at the supreme court, with most participants wearing masks, and the president in north carolina, his crowded --

his crowd largely maskless. so joining me now to discuss this is cnn medical analyst, dr. jonathan reiner, the director of the cardiac catheterization program. i think it's important for our viewers to know this is happening in the middle of a pandemic and so much is going on and people are still dying at this point. yes, it is sad and a huge, major story about ruth bader ginsburg, but we are in the middle of a pandemic. dr. reiner, when we look at these gatherings, the images we had up on screen, the difference is apparent. masks, even as all of the upheaval is going on, the pandemic is just raging. so, what do you think -- what happens in this political climate now? >> well, you have one candidate going about business, understanding the realities that we're in a unique pandemic time, where you can't hold gatherings, and you certainly can't meet people without masks. and you have another candidate trying to sell to his supporters, that there's nothing

to see here, move along. everything is fine. you don't need to wear a mask, as long as you don't come close to me. as long as you don't touch me, because as olivia troy said this week, the president thinks that's disgusting. so we have two visions of reality. one is real and one is as the president likes to call it, fake. but despite that -- >> go on. >> but despite that, there are 45,000 new cases every day. and that's been flat for the last two months. that hasn't changed. and that's why the mortality rate is going to stay where it is now. because we still have 45,000 cases a day, whether the president wants to acknowledge that or not. >> there were spikes. they're following a trend of post-holiday surges. what is contributing to this, you think? >> well, some of this may have come about after the labor day weekend. we saw this after memorial day and after july 4th. don't forget that colleges are

back and we've seen thousands of cases at colleges. and also, kids are going back to school. and this is our first experience understanding what happens with community spread, when in some places, kids go back for in-school. and also, maybe there's some covid fatigue, where people are just letting down their guard. the parts of the country that are doing well have remained masked up. you know, walk through the streets of new york. just about everyone is wearing a mask. similar in d.c. but look in north carolina, where you see just literally a throng of people without masks on. >> yeah. you're right, doctor. walking out and about in new york today and everyone, 99% of the people i passed or i came in contact were wearing masks here. thank you so much, doctor, i appreciate your time. >> my pleasure. with the death of justice ruth bader ginsburg, what happens to obamacare? david axelrod is going to weigh in on that, next. and the president is

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republican leaders vowing to push for a vote on the president's nominee to replace justice ruth bader ginsburg on the supreme court. the president says he'll make his choice next week. let's discuss now. david axelrod is here. he's a former senior adviser to president barack obama. david, good evening. my, oh, my, what a time we're living in right now. >> indeed, yeah. >> if mitch mcconnell's plan to replace justice ginsburg before election day works, you say it will be a tyranny of the minority. talk to me about that. >> well, consider this. if he seats another justice on the supreme court, we'll now have five justices on the supreme court who are chosen by presidents who actually got fewer popular votes than their opponents in the election. george w. bush in 2000 and now trump. bush picked two justices, trump

will have picked three. they'll also have been confirmed by senates that represented less than a majority of the country, because that's the way our constitutional system works. each state gets two senators. but the majority doesn't necessarily represent a majority of the country. and what you have are justices who don't necessarily reflect the majority view in the country. and yes, they're supposed to interpret the constitution, but they come and increasingly, they're screened for their ideological preferences. and so you get a court that's out of sync with a society over which they have so much influence. and i think that's a very big tension on our democracy. >> what's the solution? >> well, look, i'm not going to propose a solution, but i'm just underlining the problem. obviously, people have talked about restructuring the court and so on. i think that discussion is a -- is certainly a premature

discussion, but it should be a concern to people. and, you know, we want people to believe in the legitimacy of the court and we want the course to be a representative court. we want them to follow the constitution and that we don't want them bringing these huge ideological agendas, you know, into comport with whomever the president was who appointed them. and certainly, we want them to reflect, you know, we want them to be appointed by presidents who have broad consensus. so it's -- it's just a big problem. it's not, it is -- it is certainly our constitutional system. donald trump got a majority of the electoral votes. george w. bush got a majority of electoral votes. but it is one of the things that weighs on this sense of tension surrounding our democracy right now. >> let's talk about some of the issues at hand, because the supreme court hears the

affordable care act case in november, during a pandemic. you know, during -- after the election. whether from the court or the election, obama's signature achievement is hanging by a thread right now. >> yeah, look, first of all, i always reject this notion that it should be discussed as obama's signature achievement, as if this is somehow an affront to obama. the fact is 23 million people have health insurance today, health coverage, because of the affordable care act. i just spoke to someone before i joined you, who was a heart transplant patient, has a daughter who has significant health care problems, and is just completely devastated with the anxiety, wondering now what's going to happen in the courts. the fact is, the fifth circuit, very conservative appeals court circuit, ruled that the mandate was unconstitutional, as part of the affordable care act and a

lower court judge then ruled that that invalidated the whole act. and the administration is supporting this effort to invalidate the entire affordable care act, along with some attorney generals around the country. other attorneys are fight it. the supreme court is going to hear this. it's scheduled now for november 10th. we don't know, don, if the senate will actually confirm a justice by election day. i have some doubts as to whether it will happen that quickly. and if it doesn't, then two things can happen. one is that justice will not be seated in time if they approve that justice in a lame-duck 't case. or chief justice roberts could defer the case until later, so they could participate. if they don't sit in and they don't participate, then it's a 4-4 -- it could be a 4-4 tie in the court. roberts has voted twice to save

the affordable care act. if that happens, then the lower court ruling stands and that is a real concern for people who depend on the affordable care act for their coverage. and, you know, one thing that i think this will do is evaluate the issue of health care and what's going to happen to people with pre-existing conditions and there are tens of millions of americans like that in this campaign. >> in the campaign, and especially, this is all happening, we have to remember, there is a pandemic. there's coronavirus that's going on right now. thank you very much, david. appreciate it. >> thank you. justice ruth bader ginsburg had a skill for working with others regardless of party. retired justice sutor was appointed by george h.w. bush. he says ruth ginsburg was one of the members of the court who achieved greatness before she became a great justice. i loved her to pieces. next, how her loss will affect the court's dynamics for

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president trump saying he'll choose a woman next week to fill the seat of the late ruth bader ginsbu ginsburg. >> i will be putting forth a nominee next week. it will be a woman. it will be a woman! >> so the question is, who's on the list? joining me now, cnn's senior legal analyst, laura coates. laura, hello to you. so the president says he wants a

woman, there are a couple of women on his list. amy coney barrett, barbara la goya, what do you know about them. well, remember, infamously, you had amy coney barrett who was a previous supreme court justice. she had an infamous encounter from dianne feinstein asking if the dogma was strong within her, and people criticized feinstein saying that somehow she would be governed by her religious principles, as opposed to her religious objectivity. so we have that battle brewing on the cusp of what we know will be a big fight towards the abortion rights cases, about the reversal of roe v. wade, about freedom of religion and exercise, as it relates to the affordable care act and otherwise. you'll have that battle brewing. with respect to lagoa, she was

one of the first women on the florida supreme court to be of cuban decent. so they're both qualified woman. but the problem is, when judging qualifications, the fact that they are both women is not the only criteria nor should it be. the fact that they would be interchangeable with someone with as such deep roots as ruth bader ginsburg, which makes me wonder if this is going to be similar with when clarence thomas was presented as a viable choice and alternative. >> i think i had it spelled wrong on my notes. it's barbara, right? yeah. >> i believe it's barbara. >> okay, great. all right, so, listen, a source is telling cnn that the president has said that he would love to pick judge amy coney barrett. she's a favorite among religious conservatives. what impact could she have on

issues like abortion? >> she could have a huge impact if you know that a lot of the interest in the roe v. wade decision lies in the ideas of procreation, it lies in the ideas of religious tenants that are in conflict with the trimester framework that has been laid out through roe v. wade and its s successionive li of case. and she thinks it would be difficult if not impossible to reverse the standing of roe v. wade. so you've got this a crank in the plans here, a thorn in the side, for those who think she might be a sure shot. it might be that the precedent is way too strong. and the reason for that is there does not seem to be anything legally speaking that could reverse roe v. wade, knowing that we have the separation of church and state, if religious doctrine is going to be the guidepost. the first amendment has some

rethinking to do, doesn't it. >> absolutely. so gorsuch replaced scalia, a staunch conservative. kavanaugh replaced kennedy, a conservative-leaninging swing vote. but this type of change would change the court much more dramatically, wouldn't it? >> it absolutely would. you have a very strong and frankly one that was going to be, you know, able to exist for quite some time, with a 6-3. remember, ginsburg never actually served on a court where there was a liberal majority, so to speak. she was always a part of the underdog class in terms of when it came to the liberals and progressives on the court. but this made roberts a very, very powerful figure. you had swing votes with kennedy and others, but the idea that now, you have justice roberts, who was able to be in many cases a tiebreaker, somebody who was involved in helping the lbgtq the community able to have the benefit of discrimination laws, the ideas of trump and his trax

returns and financial records and the affordable care act as well, he was very careful, because there was a moment where he could be the john mccain putting his thumb down and surprising people. but now if you have a 6-3 strong majority, well, he becomes less powerful as a swing voter. somebody who could surprise and shake things up. so it will have lasting implications down the road. that's why it's going to be very important for this court to figure out, as roberts has tried to guide in the last year and a half, to figure out whether they want to be viewed as predictably partisan and along these different ideological lines, being able to predict who were the conservatives, who were the liberals, or whether they're going to reinvent themselves in this time or try to dig their heels in about being objective and not being so predictable, so that people are understanding of the impact of when a progressive justice passes, how that could thwart the court's entire composition. >> laura coates, thank you so much. and don't miss the cnn films

documentary, "rbg," it's coming up at 10:00, right after this battle. the supreme court battle heating up, several senate races including lyindsaey graham's. i'll talk to his challenger, next. i wanted more from my copd medicine that's why i've got the power of 1, 2, 3 medicines with trelegy. the only fda-approved once-daily 3-in-1 copd treatment. ♪ trelegy ♪ the power of 1,2,3 ♪ trelegy ♪ 1,2,3 ♪ trelegy woman: with trelegy and the power of 1, 2, 3, i'm breathing better.

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the death of supreme court justice ruth bader ginsburg, putting a spotlight on the divisions in the senate, turning up the heat in several competitive senate races across the country. maine, arizona, iowa, and south carolina, all crucial to the balance of power. in south carolina, republican senate judiciary chairman lindsey graham facing a challenge from democrat jamie harrison. and jamie harrison joins me now. appreciate it. how you doing? >> i'm good, don. how you? >> i'm doing well. thank you so much for joining us. let's listen to just one of those times your opponent, lindsey graham, said he would not go forward with the supreme court pick during an election year. here it is. >> and i will tell you this.

this may make you feel better, but i bet you really don't care. if an opening comes in the last year of president trump's term and the primary process has started, we'll wait to the next election. and i've got a pretty good chance of being -- >> you're on the record. >> yeah. >> all right. >> hold the tape. >> that's just one of the times. there are others. at least one other i know of that is on tape. i imagine you're going to make sure voters in your state see that? >> we are, don. listen. growing up here in south carolina, my grandfather used to tell me, he said, jamie, a man is only as good as his word. and lindsey graham gave his word to the people of south carolina and his word to the nation. and what we are seeing is that this man is trampling all over that. in essence, his word means nothing and that means that lindsey graham adds up to much of nothing also. we need someone who will stand up. there's a precedent that was set

in the united states senate, set by lindsey graham, a tradition set by lindsey graham. he needs to stick up to it. he said that they would not consider a judicial nominee in an election year. people have already started voting, don. already started voting. and we need to let the people make the decision, just like they did in 2016. >> your race has tightened. the latest polls show you tied right now. do you see the supreme court become the deciding factor in south carolina? could reluctant graham voters decide to back him now, or people come over from your side because he want another conservative jurist? >> at the end of the day, people want folks who won't lie to them. who will tell them the truth. even if they don't like the truth, but will tell it to them. in the latest poll, i was beating lindsey graham on the question of honesty. i was plus 24, he was minus 9. it is because he's an -- he's

untrustworthy. and so in the end of the day, i'm going to talk about this, don. i will -- and i make this promise to the people of south carolina. i will never lie to you. i will never lie to you. lindsey graham from day one of serving -- serving, has lied to the people of south carolina. at first, he said that he believed in term limits. and as soon as he enjoyed the wine and cheese in washington, d.c., he decided to stay a little longer. and now he is lying to them once again. i won't lie to the people of south carolina. >> and so if republicans are able to pull this off, right, are you in favor of expanding the court? >> well, don, you know, that's a lot of ifs, ands, buts. listen, at this point in time, the first bridge that we have to cross is whether or not this is allowed to proceed. whether or not lindsey graham will push this nominee through, despite what he said and despite the precedent that's in the united states senate. and once we cross that bridge,

we'll look at other things, but this is the first bridge that needs to be crossed right now. >> all right. jamie harrison, thank you so much. good luck bicep apprecia. we appreciate it. >> thank you, don. take care now. you know, south carolina not the only senate race that's heating up. we'll take a look at what's going on in iowa and arizona, next. no uh uh, no way come on, no no n-n-n-no-no only discover has no annual fee on any card.

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several u.s. senate seats up in the air with a vacant seat on the supreme court. john avalon here, thank you, guys, good to see you. you just heard jamie harris, a

poll tight race in south carolina. it is just one of several senate races that has a lot more import now. democrats need to win four or five seats to control the senate. >> yeah, and look, there is no u way to say which way the momentum from the death ruth bad bader-ginsburg will fall either way. it is stunning to see the dead heat there. there is other froeks in real trouble. the question will be are they motivated to remember what they're willing to excuse or if for the first time in memory democrats start voting on the supreme court. >> interesting. >> i was going to say it is hard

to tell you how this shoots out. with susan collins in maine, i think this is wind in the sales. you have sir burr ban white voters and a clear pro-choice ma yourty. assuming they lose alabama, this is probably help for the republicans and don the politics are more ambiguous. north carolina, iowa, georgia, south carolina. they have substantial suburban populations and populations of culturally conservative populations. so while this does, i think, clearly help democrats get to

the brink, it's to be determined whether or not it helps them in a last marginal state. >> did you say that mark kelly was in trouble? >> no. i said the opposite. kelly is in arguably the strongest position out of that bunch. >> a winner there might be eligible to take office as soon as november. it could be democrat mark dellly. talk to me about the possibilities. >> four republican votes in order to block a supreme court nominee in this unprecedented scenario. they need only three. susan collins is a little

americ >> you think murkowski is not going to play -- she did not say she is not going to. i think you can imagine that collins was strong today. most likely a wiggle room. the next round of endangered republicans electorally, will tom tillis be in for doing it, david purdue, it may require a retiring republican. leaning on them has not been a sturdy tree for democrats, but it may require one of them to say no rather than one of the endangered.

one of the dynamics pushes them more closely to trump's fate. it may be harder for democrats to win some of these states if joe biden does it. even if biden falls just short the correlation between the senate and the presidential may get tighter as a result of this issue pushing everyone back to their partisan corners. in both states a slight pro-choice majority. and another issue of health care, and this does create a problem for republicans. >> i have 30 seconds, just respond, please, john. >> we're going to have obama care in the supreme court if it is a split it goes back to the lower court. the question is who will focus on it and when will they feel the pain? will it be before or after the

fact. >> i can tell you what all of it will be really interesting to watch. fasten your seat belts, everyone. we're going to be hear to have it. >> thank you for watching, everyone. i'm don lemon, the cnn films documentary "rbg" is next. we've got the retinol that gives you results in one week. not just any retinol. accelerated retinol sa. for not only smoother skin in one day, but younger-looking skin in just one week. and that's clinically proven. results that fast or your money back. unless you're attached to your wrinkles. one week is all it takes. neutrogena®.

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