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consideration of a nominee until after the election or get on board the president's fast-moving confirmation train. a lot to talk about in the hour ahead. the stage for the country, perhaps for decades to come, could not be higher. >> reporter: president trump is moving quickly to name his supreme court normminee to fill the seat of ruth bader ginsburg. >> raise your right hand. >> reporter: according to sources familiar with the process, three female appeals court judges appear to be among the front runners. but he has little margin for error to get the confirmed to the bench before the november electi election. trump and senate majority leader mitch mcconnell can only afford to lose the support of three republican senators in order to get 51 vote s s to get a nomine confirmed. two republicans said the nomination should wait until after the elections. >> the latest, the loan republican to vote against brett kavanaugh's nomination.

on sunday murkowski said i did not support take up a nomination eight months before the 2016 election to fill the vase kcanc created by the passing of justice scalia. we're even closer to the 2020 election, less than two months out, and the same standard must apply. but she would not comment on sunday about whether she would oppose trump's nominee in a lame duck session of congress, which will occur after the november elections and conclude in january. similarly, susan collins of maine fighting to keep her seat should vote should wait until after the election. the battle over the nomination comes amid a furious fight for control of the senate in november. it's put some republicans like kory gardener of colorado in a difficult spot as he campaigns to keep his seat. when republicans refused to move on barack obama's nomination,

they argued it was too close to the election. forwarder in said the time the american people deserve a role in this process. but on saturday, he refused to say if he would stick to the same position now that there's a republican president and just 44 days before the election. >> there's time for debate. there's time firefighter politics. but the time for now is to pray for the family. >> reporter: several senators have also declined to say if they think the nomination should wait and the party's 2020 nominee mitt romney has declined to comment. several republicans in difficult races are align iing with trump. >> voted for several hundred judges including two on the supreme court and another one on the way. >> reporter: tillis sung a different tune four years ago. >> we're going to let the american people speak. >> reporter: times have changed because they now control the white house and the senate unlike 2016. >> it's a question of checks and balances. >> reporter: but four years ago, cruz said this. >> this is for the people to decide.

>> for the people to decide, ma manu, you have reporting on the short list for nominees. >> amy barrett appears to be the front runner for this nomination. she's a federal appeals court judge. she has come up in conversations between mitch mcconnell, president trump over the week d weekend. now they have spoken more than once since the death of ruth bader ginsburg. i'm told he indicated to donald trump that republicans know barrett well. that it's essentially they would be comfortable with the nomination if she were to be put forward. he's not been advocating for her necessarily, but would support her if donald trump were to go that route. they have talked about the importance of thousand nominating a female justice in the aftermath of the death of ruth bader ginsburg. the president himself said he would, in fact, name a supreme

court female. and republicans will meet for the first time on tuesday to discuss all this. we expect that fom nation to come forward potentially early in the week as republicans see if they have enough to get it done before november. >> manu, appreciate the reporting. shortly before air time, chuck schumer talked to reporters including about what democrats might do. but democrats take the white house and senate. >> should he have the decision? >> it would be a decision that comes to the senate. we first have to win the majority before that can happen. but once we win the majority, everything is on the taubl. >> joining us is a republican strategist and author of "you're fired."

with us as well is political analyst gloria borger. what do you make of the news that he's indicating the g, portion senators would be comfortable with amy barrett? >> i think she clearly is a front runner. she's kind of the the opposite of ruth bader ginsburg. it's clear she would invalidate the affordable care act. she is pro life. and the question, i think, with this nominee, if she becomes the nominee, is would she galvanize suburban women against donald trump. that is a big question. and so she would be controversial for democrats, but not for republicans. she is a likely choice. >> paul, you have been talking to democrats on capitol hill. how do you see their strategy now? >> the most important thing they are trying to do is frame thises more than just the power play

pu bullying process argument, but to make it about the affordable care act. the affordable care act with its protections for preexisting conditions comes before the supreme court on november 10th. the texas vs. california case, invalidated the obamacare law. etc. peshly the preexisting condition rules. and then they are going to talk about other cases that the court will decide like roe, like labor rights and marriage equality and environmental protections. but most importantly, this is a health care election and this is a health care fight over this nominee. >> scott, i want to just show our viewers what the majority leader said back in march 2016 when president obama was nominating garland to fill justice scaliscalia's seat. >> this nomination ought to be made by the president we're in the process of electing this year. this nomination ought to be made

by the next president. >> we don't intend to take up a nominee. there's a good opportunity to reiterate our view that this oin iowa pointment should be made by the next president. this vacancy will not be filled this year. we will look forward to the american people deciding who they want to make through their own votes. >> i understand the politics of it, but is it not just blatantly hypocrite tall. he will argue it was a different rule, but he's talking about the voters deciding an election that's much closer that's already underway. >> for mcconnell, the issue wasn't how close the election was. it was that the white house was controlled by one party and the senate was controlled by another. and they were control led.

number two, you have to g back to the '80s to find a similar situation. in this particular case, you have the white house and the republicans ain the senate unde same control. it's very common for presidents in the senate to confirm a supreme court nominee. so it's a different political situation. will mar alexander today said no one should be surprised that a senate majority is going to vote on a republican president's nominee. so they are going to move forward with this. you mentioned barrett. mcconnell likes her. the president had a great list. she fits the senate majority. and they are moving forward. i will say politically, it's not an option for republicans to lay back here. their base, their voters, the people in their party that support them in these states, they would be ep plektic.

it's full speed ahead. >> the president can nominate somebody and that's fine. he's president of the united states. but for the senate to vote not before an election, we are in the middle of an election right n now. people are voting right now. when you look at what mitch mcconnell was saying, there's only one way to interpret this. and that is that he wants to jam this through as quickly as he can because he has a couple goals right now. and you know them. he has a couple goals. he wants to keep control of the senate and the other is he wants to pack the courts and this is the big prize here. so let's not pretend that it's about all these other things, which is who countrols the senate. this is just raw, political maneuvering on mitch mcconnell's part. i don't think we should call it anything else. >> it's not just maneuvering. it's also just, if i may, it's

not just ma newscastering. it's also the constitution. there are two institutions at play. they have an actual hand in this. it's the president's job to nominate. it's the senate oos job to do with it what they think is right at the time. and mitch mcconnell think it's right to vote on a nominee. >> in the middle of an election. >> no one should be surprised. hypocrisy is abounds everywhere. but it's still pretty unpalable to have it dressed up as something else. >> but this is not about politics or the election. this is not about november 3rd election day. it's about november 10th. i'm telling you. mitch mcconnell's base is not all those wonderful people who vote for him. it's the financial people flood ing with dark money. the top of that list are are the insurance companies, who are going to be in front of the

court through the attorney general and asking them to throw out protections for preexisting conditions. congress can't do it because it's very popular. republicans tried 70 times. they can't do it because the american people want those protections. so mitch mcconnell, donald trump has to get this judge in there before november 10th so he or she can invalidate the affordable care act. that's what this is about. it's about money and the affordable care act. >> scott? >> with all due respect, if you're worried about dark money and politics, democrats have a lot more of it in this election. number two, this isn't about the next month or two months. this is about the next 30 or 40 years. having a majority on the supreme court of conservatives, of people who believe in originalism and the text of the constitution. for a base, this is everything. it's not about case in a month it's about the next three decades. >> i'll agree with you on that.

i do think it's about the decades to come. i think what we're looking at is it's a moment that will galvanize both sides. but there is a point that if mitch mcconnell takes this risk and if had had tries to jam it through pfr the election, this could backfire for a very long time. and it is a galvanizing force for the democratic party to talk about what this will do to the affordable care act. for young women who may have thought i don't have to vote for this election. i liked ruth bader ginsburg. i'm sorry she's gone, but now they say who the president might want to appoint. i think there's a real risk here of this boomeranging for mitch mcconnell and for control of the senate. we don't know for sure, of course, but there's that possibility. >> we'll have to see. thank you all.

appreciate it. dan rather joins us shortly. we'll talk to him. it and next a live report from the fwroeing people's memorial outside the court and what we know about how the court is memorializing ruth bader ginsburg. one of the women she battled for. she joins us ll the moments you've missed and all the moments you haven't "hi" love, can't wait -"got the ring!" -"yes!" and with jared it doesn't have to ♪

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. we have been showing you live pictures outside the court since ruth bader ginsburg died. but pictures of the outpouring. what kind of memorials have people been leaving behind? >> it has gotten very interesting and inventive. people have been flocking to the supreme court for three straight nights now. it's not just these flowers and these candles out here on the street. people have also turned inventive and they are leaving multicolored chalk messages here. you can see this one. we can because she did.

thank you, rbg. also notes of rest in power. these streets all around the supreme court are lined in these chalk drawings. it's incredible. you can sigh behind me that while the crowd has thinned from the vibrant vigil, the flowers out here, they continue to grow. they have lined this sidewalk just outside the steps of the supreme court here. it's been an incredible showing. this area has been brimming with people who for days and hours on end have been coming here to the supreme court to pay tribute. and rlier i spoke to a woman from chicago who got on a plane, came here to washington, d.c., she's flying back to chicago tomorrow morning, but she could not miss this tribute because rbg, she says spoke to her for her fairness, her intellect and how she moved people in this court. >> how is the court planning to honor the justice in the coming

week? >> we're still waiting for firm plans on a memorial and a funeral. but we already know inside the court, they are following tradition. the court has been closed since march. but despite that, they have actually draped ruth bader ginsburg's chair and bench in front of her with a black wool crepe. that's tradition dating all the way back to 1873. they have draped one over the door. that's tradition. and out here on the plaza, all of the flags out here will stay at half staff for the next 30 days. so a lot of pomp and circumstance already. we're just waiting to hear the final plan that we expect that ruth bader ginsburg will lie in repose inside this the supreme court. the clerks will stand over watch. we're still waiting for the final plans on that. >> jessica, thank you. president trump promising a new woman to fill ruth bader ginsburg's seat. we'll talk about whether that helps him politically, that's next.

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president trump made it clear about one thing in his expected choice to succeed ruth routh ruth on the court. that choice will be a woman. >> i will be putting forth a nominee next week. it will be a woman. a very talented, very brilliant woman. i haven't chosen yet, but we have numerous women on the list. i think it should be a woman because i actually like women much more than i like men. i have to say. would you rather have a woman on the supreme court, yes, woman,

yes? >> as for the political ca calculous, he and former vice president biden face, it seems to be an open question about who may benefit. david gergen joins me. he served four presidents. the president needs women to win the election. a demographic he's been struggling with. from what we just saw, the vacan vacancy, do you think it's parking lot of his strategy to win them over? >> he's going to try. the president would love to get suburban women. but if 2018 is any indicator, it's dwogoing to be hard for hio do that. the other big part of the trump strategy is to continue to bring out republicans or even registered democrat who is have either voteed republican or not even vote issed in important states like pennsylvania, like wisconsin. and there's a hope that this

kind of political gift that the president is getting, it's that the ability to show the people out there his base like the idea of filling the court with a conservative to show, look, i'm doing it. so there's definitely a feeling among republicans that this is something that, a, helps change the subject from covid, which is a political loser for the president, and b, gets people excited. on the democratic side, though, this is why you saw tonight, alexandria ocasio-cortez and chuck schumer together arguing we have to be motivate to do. it's about health care, it's about younger voters. but i can tell you that in talking to both parties tonight, i think there's a consensus

there's a feeling it helps trump and republicans on the billion lot more than democrats right now. >> do you see it that way? do you see the campaign pi pivoting? >> i think trump is stirring up his base, but this is going to play more in favor of biden and the democrats. the pitch for suburban women, the numbers of suburban women who want to see rosmt roe v. wade overturned are not dpoing to be turned on by that proposition. very strongly want to protect when you have a preexisting illness or problem in your health care, they want to be protect ed. on november 10th, this administration is going to be arguing to the supreme court that the entire obamacare act be struck down with no substitute in place to protect people like

that. so you can go issue after issue. i don't think the issue today is about gender it it's mostly about fairness and about what kind of view you want represented on the supreme court. do you want a 6-3 majority on the conservative side. the polls show us on issue b after issue, suburban women don't support the ideas represent ed by those conservative jurors. >> i wanted to ask where you see this playing politically for each party. >> i think this is a fitting cap for donald trump to end his campaign. it reminds me so much of how he courralled republican support t win his 2016 campaign. if you go back and think about the way that donald trump got reluctant republicans on board, people like ted cruz, who tried to blow up his convention, it was because he promised with a

list to deliver conservatives to the supreme court. and so here we are again. donald trump is going to shore up republicans with another promise to deliver conservative judge to the supreme court. he's a base play are tpresident. he's never tried to get those suburban women you have been talking about. so he has to do this. to have a hope of winning, there are people. we can read the quotes. lindsey graham and all the rest who destroyed their credibility and became hypocrites. and we're seeing that again. you can play the statements about what they said about merrick garland and they are completely turning an about face. that's because this is all about raw politic and power. that's really the theme of the donald trump presidency. so i do think it will help donald trump, but the republican

party will probably pay a price. i can see the nominee and losing senate seats. that's the other lesson of trumpism. it works for trump and thot many other people. >> that's a really good point. that's exactly the right answer. he would sometimes tell people they are slow to anger. but when they become angry, watch out. and i think there's a lot of anger breeding this development. three nights in a row people have been out there demonstrating and expressing their gratitude. that matters. the fact that there's so many people who think this is an abuse of power, it's so hypocritical, it's so brazen, i think it's going to whip up over time more opposition to trump than he as imagined. i think she was right when she

is said this may come? the realm before it's over. >> do you agree that it might come whipping around. even for those who admit that it's hypocritical, there's a lot of people who say, okay, it's hip pypocritical, but everybody in the political world. this is a power move. >> the polly anna in me wants to think that people will punish politicians in both parties for being hypocritical. but we don't have a lot of evidence in that. there's a lot more evidence of members of congress and politicians across the board, elected leaders getting promoted by voter who is are happy with whatever the position is that they are holding at that moment.

just to go back to what amanda said, and senator santorum said last hour, donald trump became president for lots of reasons. but one of the big ones was mitch mcconnell holding firm despite so much criticism. saying that president obama would not get his nominee. and that helped to rally conservatives, who at the beginning of the primary process, couldn't stand donald trump. the head of the susan b. anthony group, which is a group of conservative women for whom abortion is a big issue, they were trying to defeat donald trump at the beginning of the primary process and they came around to him for wasn't reason. that's because his promise to appoint conservative judges. and that matters a lot. and the question is whether or not things have changed because there's so many other factors

going in particularly when you look at motivating issues on the democratic side. >> i got to leave it there. great discussion. thank you all. appreciate it. up next, i'll talk with dan rather about his recollections of ruth bader ginsburg. ♪ ♪ for all the moments you've missed and all the moments you haven't "hi" love, can't wait -"got the ring!" -"yes!" and with jared it doesn't have to ♪ -"got the ring!" -"yes!" i'm a verizon engineer. and i'm part of the team building... ...a powerful 5g experience for america. it's 5g ultra wideband, and it's already available in parts of select cities. like los angeles. and in new york city. and it's rolling out in cities around the country. with massive capacity. it's like an eight-lane highway compared to a two-lane dirt road. 25x faster than today's 4g networks. in fact, it's the fastest 5g in the world. from the network more people rely on. this is 5g built right. only on verizon.

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dan rather says he first met ruth in the '90s and said she will be remembered as a legal lelgd but has become much more than that. dan rather joins me now. thank you for being with us. i'm wondering what you thought about her leg dacy. i know when you heard about the news, you tweeted a shock, a sadness, great loss. a passing of ruth bader ginsburg leaves a a hole in a nation already reeling. talk about her legacy she leaves behind. >> i don't think there's any question she leaves a long legacy. it's not just what she did.

it's who she was. what she did, the combination all that she was as a woman, as a person, as an american is stunning when you take a look at it. this power house was a pioneer and she was small in physical spectrum, but she was a giant. not only in the professional, but in general. and she was a hero, which is apt in this case. she's a hero in our history and in our hearts because she earned. . it's not something we gave her. it's something she earned. part of her signature was she is was such a hard worker. and her legacy will be a banner

for decency moving forward. i don't think there's any question about it. it's too bad there wasn't a decent between her passing and everything being consumed in politics talking about who is going to succeed her and that sort of thing. but this is how it worked out. but i don't think too much -- she was everything she did her very best. we should mention things that too fogged up is courage. she had had real guts. but what it took for her in her effort to stave off cancer, what it took for her, she never missed an oral argument. that took tremendous courage. anybody who has had a brush with cancer knows how much courage that took. >> also just the courage she showed throughout her life.

her died when she was 17. just about to graduate high school. she made her way through cornell. she got into harvard law school after getting married and having a child. i mean, argued six times before the supreme court. i think won the vast majority of those cases. she really changed the mind of many supreme court justices about the quality of women. she did it systemically and brilliantly. >> absolutely. so many people are saying she's absolute model for young women. but she's a model for both young women and men. it's not agenda specific with her. if you look at the overall record going pretty far back as

you just did, she represents the best in america. and when we get down and sometimes kind of down about what's going on these days with the coronavirus and the economic situation whrks you get down and think about the country being in peril and danger, you think about her and as long as this country continued to do the likes of her, even in a very small quantity, then i like our chances. >> i don't know anyone that hasn't gotten down during this virus. and the economic situation. just the political situation now, as you said. obviously, it turned very quickly. muitch mcconnell putt out a statement making clear about what his position was going to be. how do you think this is going to play out?

>> the honest answer is i have no idea. in the immediate effect is the vantage for president trump. because it changes the subject he was not doing very well and the recovery was on how he mishandled the coronavirus. so at least change the subject. however, as the days go by, depending on how things develop, i can see this being an advantage for democrats and they were already depending on this for a degree. so democrats might be able to turn it. but as far as they were concerned, trump and mitch mcconnell have the grip hand. if they decide to really press

it on through, the odds are strong they can do so. however, you and i have been around politics long enough to know what you most expect in hearings and you get a vote and get it through, but what we most expect sometimes doesn't happen. particularly in a political campaign. so can they convince four or more republican senators to vote. i don't say it's impossible. right now, we have to clearly see that trump and mitch mcconnell definitely have all the cards. >> you said that the divisions in america are more, treatment thextreme than even the '60s. if they push a normminee throug before inauguration, even before the election, what does that do?

i guess, if the president didn't get are elected and vice president biden is running on being able to kind of heal things and bring sides together, that seems like a tall order if this gets ran through. >> i would agree with ta. if he gets the nominee through, i can't see any other outcomp. the country would be even more divided than it is now. and i do think the country -- we have been very divided before during the terrible civil war. but i don't think we were this it divided in the 1960s. but they still had part of the party, which was somewhat moderate to do some business. and a lot of important legislation got passed during the '60s civil rights legislation, medicare, medicaid, that passed. but not much has gotten through

in recent times. so i would say as divided as we are, if it we wind up with a 6-3 court majority with a new donald trump nominee, we're going into 2021 this country will be as very divided as perhaps any time with the exception of the civil war. >> wow, dan, it's always a pleasure to talk to you. i appreciate getting your perspective. thank you. >> thank you. good to be with you. >> we'll be right back with more news ahead. ...or this.... ...or even this... ...we've seen and covered it. so, get a quote today. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ ♪ this feeling watch me while i break the ceiling ♪ ♪ yeah i do it right cuz i'm a diamond... ♪ did you know that you can shop online with a virtual consultant? ask about special financing with the diamond credit card.

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herb fight wasn't just for women's rights, but civil rights. she never stopped doing it here's cnn's jessica schneider. >> ruth bader ginsburg ease rise from a brooklyn neighborhood to the nation's highest court a classic american story. >> what is the difference between a book keeper and new york's garment district and a supreme court justice? just one generation. my mother's life and mine bear witness where else but in america could that happen. >> she was smart, tied for first in her class at columbia high school. the glass ceiling stood firm. >> first, she was a woman, second, she was jewish, and third, she had a young child. >> she turned to teaching law and fighting generate discrimination for the aclu. >> very much with the model of the naacp's legal defense fund led by thurgood marshall. you had to built precedence step

by step. >> she became a federal appellate court judge. >> so help me god. >> 13 years later she was named to the supreme court by president clinton, the second woman on the bench, the first, sandra day o'connor, glad to see her. >> we were nine justices. it wasn't seven and then the women. it was a great relief to me. >> as a justice, ginsburg consistently voted in favor of abortion access and civil rights, perhaps her best-known work on the court, writing the 1996 landmark decision to strike down the virginia institute's ban on admitting women. she was known for her bold dissents, like the one she wrote when the court stopped the florida ballot recount, and ended the contraception mandate for some businesses under the affordable care act. >> in our view, the court does not comprehend or is indifferent

to the insidious way in which women can be victims of pay discrimination. >> in 2007, the high court ruled against lily led better, a factory supervisor at a tire plant at a high-profile pay discrimination case. ginsburg urged depress to take up the issue in her dissent. 20 months later, the lily leadbetter fair pay act was the first bill president obama signed into law. after justice john paul stevens required in 2010, ginsburg became the most senior of her liberal colleagues. but she didn't slow down. steven colbert studied that the hard way, trying to keep up with rbg's famously tough zblorkwork >> i'm cramping. >> ginsburg hired a trainer after treatment for colorectal cancer in the late '90s. in 2018, doctors treating the justice for broken ribs discovered cancerous gratuitous on her lung. the surgery was successful, but

the recovery missed ginsburg to miss oral arguments for the first time in her career. she was also treated several times for pancreatic cancer. even after losing her husband, ginsburg was back on the bench the next morning. >> i love the work i do. i think i have the best job in the world for a lawyer i respect all my colleagues and generally like most of them. [ laughter ] >> her best friend on the bench was the late justice antonin scalia, her ideological opposite. >> what's not to like? [ laughter ] except her views of the law, of course. [ laughter ] >> they shared a laugh about ginsburg drinking wine before nodding off at the state of the union. >> i wasn't 100% sober because before we went to the state of the union -- [ laughter ] we had dinner together and justice kennedy brought in --

>> that's the first intelligent thing you've done. [ laughter ] >> in her later years, she gained rock star status with millennials thanks to social media. >> it was beyond my wildest imagination that i would one day become the notorious rbg. [ laughter ] ♪ biggie biggie biggie >> it was a play on the late rapper, the notorious b.i.g. there were books, clothing, tattoos, even a species of praying mantis in her honor, along with a can he rurecurring sketch. >> there was a documentary produced by cnn. rbg was an unexpected box office hit and gave the justice an even larger platform to share her life long mission of gender equality. >> people ask me sometimes when will there be enough women on the court. and my answer is when there are nine. [ laughter ] [ applause ]

>> a quick programming note. we'll have more on her life in an encore of "rbg" a cnn film at the top of the hour. we'll be right back. ♪ ♪ for all the moments you've missed and all the moments you haven't "hi" love, can't wait -"got the ring!" -"yes!" and with jared it doesn't have to ♪

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before we bring you "rbg" the documentaries on the life and legacy of justice ruth bader ginsburg, we want to leave you with those images we've been slowing you throughout the night, the memorial for justice ginsburg outside the supreme court where she served for just over 27 years. we've been seeing, really, images like this, crowds like

this from shortly after the time it was announced on friday that she had died. a legend the court remembered foldly. a life and legacy that will have an impact for generations. cnn coverage continues with the cnn film "rbg." blank ♪ ♪