>> do you believe the allegation? >> were you willing to be the 50th vote for judge kavanaugh? >> i never thought of it as 51, 52. i had -- if i had been in that position, i would have liked to have brought this place back to normal procedure. >> shame on you! >> why did you wait for collins to make her announcement before you made your announcement? >> i think that was basically what -- i saw her announcement that she was going to do, she would do that. >> reporter: did you follow her, decide to vote that way, because she voted -- >> no, no, no. i think everyone labored with this. everybody labored with this decision. >> shame on you, shame on you, shame on you! >> senator murkowski is not voting with her party. does that affect your decision at all? >> senator murkowski is a very, very, very, very dear friend of

mine. very dear friend of mine. and i -- she did everything -- she crossed every t, dotted every i. she went through the same process we all did. she came to a different conclusion. i came to my conclusion, really, this morning, when i went through in our hour and a half. >> do you believe the allegations? >> do you believe dr. ford? >> i believe dr. ford. something happened -- i don't believe that the facts showed it was brett kavanaugh. but i believe something happened. >> you think it was someone else who did it? >> i think something happened to her. i just -- there was no way -- no way at all we could see. >> reporter: senator, what do you say to women who watched this process unfold, heard dr. ford's story and feel like judge kavanaugh is getting confirmed anyway, even though they have stepped forward? and that the senate -- >> i've had people all over come forward. >> look at us, look at us, look at us! >> the trauma they went through. and i don't know. i mean, i have empathy and

simp sympathy to make sure this doesn't continue. >> reporter: do you think there was an adequate fbi investigation? >> i only have what's in front of me. that's all i have in front of me. >> reporter: based on what you've seen -- >> reporter: do you think there should have been more witnesses interviewed for the fbi investigation? >> i think there's always more that could have been done, i guess, if people are looking at it. i looked at what was in front of me and i had to make a decision. >> reporter: based on what you have seen, is that a thorough investigation by the fbi? >> it was -- it was thorough, from what i saw. the people i was concerned about, what they said and why they did it. >> reporter: senator, do you think there is still a place in the democratic party for you after this? >> i am just a west virginian. >> reporter: you're up for re-election in a difficult race. are you concerned the base is going to revolt? >> i didn't look at this -- i didn't do that. >> reporter: are you concerned about kavanaugh's temperament? >> thursday bothered me. thursday bothered me a lot. but i saw that basically -- >> shame on you, shame on you,

shame on you! shame on you! shame on you! shame on you! >> what is wrong with you! >> powers of the united states senate, senator joe manchin, following susan collins, a republican, he's a democrat. he announces he will vote to confirm judge kavanaugh to the united states supreme court. so for all practical purposes, unless there is some huge surprise overnight, it looks like he's going to be on the united states supreme court. >> it does. l can i just say, what -- talk about a tale of two announcements. you had susan collins speaking at length on the senate floor in a very formal way. and then joe manchin barely heard over the shouts of protesters at his office, because he came out and did it in a more impromptu discussion with reporters, explaining his

vote. barely heard over people yelling "shame, shame, shame." and this is a big moment for the president. this is a critical moment for the country, given not just this court, but the seat on this court. and what this all means. but it's already instantly going to be looked at through the lens of what's happening in less than five weeks. which is the midterm elections. and what you heard and saw in and around joe manchin's office, people protesting him, and -- >> you heard them screaming, "shame on you!" >> he is a democrat, who was voting for a republican nominee. he is a democrat from a state where the president is probably the most popular. he's gone there to more than any other state, i think seven times, to campaign. he, the president. and there's a reason for that. but that is just -- we've seen the protests. we've seen the energy. we have heard it and felt it. and it's hard to imagine. but i think it's only going to

escalate right now. >> yeah. i couldn't agree more about the midterm moment, the timing of this right now. every republican strategist you've spoken to, i've spoken to, i'm sure, for the last year-and-a-half, they kept saying, the one thing that really concerns me is complacency on the republican side, which happens when you have power. when you have all the levers of power, that happens electoral to both parties. and it's been such a concern for the republicans. and they just got such a boost in the arm today. that's the one side. that they're really jazzed up about this, and that helps elevate them, especially in those red states where these democrats are running for re-election in the senate. but we also know that this plays into the unbelievable energy we have seen on the democratic side this entire trump era. democratic turnout, breaking records, special elections. and in the house map, where white college-educated women and suburbanites dominate the landscape. if the republicans are to

maintain control of the house, they need to keep those districts, and this plays directly against them on that. two different worlds, but it is going to have -- >> you know, dana, 51 senators, 50 republicans, one democrat, joe manchin, will vote in favor tomorrow when the final vote comes on the senate floor. 49 -- 48 democrats and one republican, lisa murkowski of alaska, will vote against confirmation. 51-49. he will be on the united states supreme court. >> yeah. and as ariane was saying, this could press a sea change in the court. and maybe ariane can help us with what's on the docket. i was reading that they have kept it kind of noncontroversial, or -- >> absolutely. because they knew if they have this eight-member court, so far they don't want to do too much. and there is no blockbuster cases on the docket right now. but in the wings, there are a lot. >> exactly. >> daca, affordable care act,

lgbt rights, and petition or emergency motion will hit this court with nine members. >> and if i could just talk to david's point and maybe mark, you know a lot about this. i think the question really is whether the republicans can get anywhere near parity to democratic enthusiasm. because democratic enthusiasm is so huge. and it may be that it will help him in the senate. and they could keep the senate. but still lose the house. >> there's no doubt that the left is energized for this. and i'm not sure this nomination could have more further energized the left than they were. i believe that chuck schumer overplayed his hand. i think he's jeopardized heitkamp and donnelly and manchin. because this is something that could have been confirmed a while back. he's protracted intentionally to make this he thought a win for himself financially. >> manchin voted for kavanaugh. and followed his state's wish --

trump won by how much? >> all the polling data i've seen is joe manchin significantly had a morsi throughout this. >> so when does the president come out and gloat? does he wait until the final vote tomorrow? or will we see him start speaking out more aggressively tonight? >> well -- >> you worked for him for a long time. >> i think it is fair to say, this is a substantial victory. >> i know. but when do you think he would start talking about this? because he's been very silent. >> in light of susan collins' remarks. >> and joe manchin's remarks. you think he'll make a statement. when will he address the nation? >> i would hope tomorrow. >> after the final vote. at that point, he goes to the oval office and addresses the nation. so it will be a dramatic moment. >> yes. >> for the president. >> yeah. i mean, not too get too corny. you're right. it's a victory lap. a deserved victory lap, because he won the presidency. and he got to pick a supreme court nominee. because justice kennedy said he was going to retire. and it looks like his guy is going to get on.

but not to get too corny, but one of the things that senator collins said is, can we get back to the place where there actually are bipartisan votes for supreme court justices? i don't know. >> i think we're a long way from that. i really do. obviously, we all know the process started to fall apart a little bit with bork. but we also know that someone like lindsey graham, who has been adamant about the politics of this, and adamant about judge kavanaugh. he voted for sotomayor and kagan. >> and ruth bader ginsburg had 96 votes. >> right. if she got 96 votes. but we also know that merrick garland was never even considered, because of the politics of all of this. so i don't know how you get back there, unless you have a president who is bipartisan, or independent or something like that. >> and merrick garland -- we can't forget -- that's an

important, important point. >> yes. >> because mitch mcconnell, you're right. he has done a masterful job at strategizing to get the courts built up. but at what price? because it has been raw politics. both sides are playing it now. but he started with the raw politics of no merrick garland. even though the president had almost a year on his -- left on his term. and so that has no question built in. >> there's no doubt that both sides are at fault. there's no doubt about that. i do think it started with the bork confirmation hearings. i think it's become more of a personal characterization. to get back to what you were saying earlier, dana, i think also susan collins did all republicans a huge favor today. there is no one else who would have had as much attention on his or her speech as she did in this dramatic moment and be able to walk through all of her reasons for supporting him and also being able to rebut the testimony of dr. ford is something only she could have done that other male senators could not have done as effectively as she did. so i think her remarks today were a big asset for all of her

problems. >> and she knows one thing. that in the wings, had this nominee not been -- this nominee, it could have been andy coney barrett, somebody who at least on roe was someone she wouldn't want. and she was very interesting, though. and this will infewer rate some of the groups. she talked on and on about precedent, how she talked to him about precedent in the religious liberty cases. in the -- in roe. and people on the other side will come back and say, she's being just bamboozled here. >> dianne feinstein already did it. she tweeted that when she spoke with him that he did not say it was settled law. he said -- on roe, he said it was entitled to respect. >> she is sending her speech -- his views on honoring precedent would preclude attempts to undo roe. that is what -- susan collins and dianne feinstein believe fundamentally different things about brett kavanaugh. >> they had different meetings, i guess. >> the groups have just released a statement saying she has

turned her back on the women in maine coming forward and saying you just can't say that about precedent. that means nothing, because precedent, they believe, can be overturned. >> and she made that point. on some of the legal issues. but she did make a strong point about a presumption of innocence and fairness, which she said is so important. she kept referring to that. and she kept mentioning that yes, she believes that professor ford was sincere, compelling. she's a survivor. this has up-ended her life. then she also said, four witnesses that she named could not, david, corroborate what she had alleged. >> that's right. and she said the charges cannot fairly prevent kavanaugh from serving on the court through this standard of the more likely than not that she applied that standard, not a criminal standard, she was saying, but her standard for this is that the allegations of dr. ford failed to meet that more likely than not. your point about presumption of innocence, that is a fundamental

principle of fairness. and if you'll recall, donald trump in new york, when he was up there for the unga, the day before the ford hearings, had that press conference. and this was his main point there. was driving this home. and it was the one thing you could just understand, the messaging out of the white house was this point that susan collins now made the very core of her argument, that you cannot presume someone guilty. that we presume someone innocent until proven guilty and you can't up-end that american tradition of fairness for anything. >> what was interesting was that collins said that she had talked with kavanaugh a second time. and she said, to ask him very specific additional questions. so you've got to presume that was after professor ford's testimony. >> you know, dana, it underscores what is so obvious. that elections really do matter. >> they do. >> they have consequences. if hillary clinton would have been elected president, judge kavanaugh would not have been

nominated for the u.s. supreme court. somebody else would have. presumably a much more liberal jurist. and it would have had a huge consequence. >> and for a generation, republicans in particular, the conservative movement, have been almost singularly focused on the bench. and on the courts. making that a key issue. that is, as you said, basically how donald trump got the republican nomination, making those promises. and at least for that same time, democrats haven't been that focused on the courts. i assume after today, that's going to change. >> or disciplined. they vice president haven't bee disciplined. we have never had a nominee before he was elected come up with a list of supreme court justices. that had never occurred before. the republicans, trump, mcgahn, leonard leo, they had a rare discipline to drive this forward. >> whose idea was that? >> putting aside the merrick garland -- >> no, whose idea was that? was that trump's? >> i think as well, i do think the previous administration

missed opportunities to get other judges confirmed. there were so many supreme court vacancies because of obama and reid. >> a historic day today. a very historic day. the consequences are enormous. everybody stand by. our special live coverage will continue, right after this. if you have moderate to severe plaque psoriasis or psoriatic arthritis, little things can be a big deal. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats differently. for psoriasis, 75% clearer skin is achievable,

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confirmed judge brett kavanaugh, redefining the supreme court for a generation to come. we are back with our panel now. i want to begin with paul begala. paul, the president with these two nominations now, gorsuch and it appears kavanaugh has redefined this court for possibly a generation. >> absolutely. this will be the fourth member of a nine-member court appointed by a president who lost the popular vote. that's extraordinary. the supreme court is heading into a crisis of legitimacy. and when -- not if, when judge kavanaugh helps them to chip away at civil rights, voting rights, women's rights, abortion rights. i don't think this is going to sit very well with the country. the judge in his unhinged speech last week said to the democrats, you have sewn the wind and now you'll reap the whirl wind. that's one thing he didn't lie about under oath, jim. you watch the whirlwind come on november 6th, because the women of america are not going to settle for this. >> how convinced -- how convincing do you find that

argument, dana? because republicans are convinced that this was actually an energizing issue for their voters. >> yeah. i mean, it was hard to get to a point where republicans were maybe less energized than they were before this. there's no question that what you saw from the president, what you have seen from mitch mcconnell and others has been an attempt, of course, to get their nominee on the supreme court. but it's also been a very, very clear attempt to rally republican voters who have been really not that excited, not that energized, certainly not even close to the comparison compared to the democrats, and wake them up and get them angry enough to go to the polls. it's probably -- they're certainly more energized than they were before. you know, that the republican committee in charge of electing house members, they're claiming they're getting more low-dollar donations, things like that.

but you also have democrats who are already completely on fire, hard to imagine that they could be more on fire. but this is the only thing -- >> women in particular. >> no, look. i think this will energize the democratic party. i don't know how much you can go over 100%, but they are -- they are going to get up there, and i don't know if the republicans can get anywhere near parity in terms of enthusiasm. and, you know, this is really going to help the democrats in the house. in those moderate, suburban districts, particularly the ones that hillary clinton won. i'm not so sure at all that it helps the democrats in the senate. i think it helps the republicans in the senate, in those red states, those ten red states that democrats now occupy. i think it will help republicans there, so they could conceivably keep the senate, lose the house, with this a very big part of it. >> a couple smart folks have mentioned to me this week, and i'm curious if you agree. that the loser is the more energized, right?

that if democrats do, and it appears they have, their voters will be energized and republicans might sit back and say, okay, we've got our guy, all will be fine. do you buy that? >> yes, to a certain degree. i think the point about the senate versus the house impact matters. because suburban women in some of these districts where hillary won, where republicans have open seats now, a couple percentage points can go either way. we saw that in ohio in the special election, in pennsylvania. so this is going to be an issue that i think democrats, if they weren't already energized, will boost them. where republicans, i don't think they're going to sit in their laurels, because trump is going to go out there, and he's going to campaign in a lot of these places and continue to say, look, we might have won, but if you let democrats take over, they're going to reverse everything. he already started that. and that's a motivating force for republicans. and they have already closed the enthusiasm gap, which was considerable, was double digits at one point. and if even now.

which is considerable. >> a lot of ground made up in a short period of time. do you agree with that assessment? >> well, i completely agree with that assessment. and a little bit more. i think this would have been a disaster for the republican party, had kavanaugh not been -- well, has not been confirmed on the road to confirmation. if he's not confirmed. a win is a win, in the first instance. and secondly, for most of the american people, i know we're sitting around here in washington and so forth. you have majorities in the congress. you have a republican president, a republican senate. and this one isn't even a filibuster argument that's difficult to explain at times. because you had a simple majority. you can't muster your party behind you it get things done. i think republican voters would have been deflated and it would have been difficult. i also think playing all these shame things and so forth helps with republicans. and i'll tell you why. i disagree with my friend paul. i think the only ideologues on the court that i've ever seen have been on the left, who have been always completely -- the

same things were said of sandra day o'connor, anthony kennedy, reagan appointees. they were talking earlier, about destroying women. justice roberts voted to keep obamacare. i've never seen liberals on the court move to the conservative side. so i think this is going to be an important moment for republicans to rally not only behind the president, but to make sure that not only does he fulfill this promise to put a conservative, but to ensure they continue to move in that same direction. >> the only ideologues on the court, on the left? >> absolutely not. but in terms of the -- let the games begin. both sides. this will be the clash of the titans, not just this november, but going into 2019 and 2020, as well. and the democrats will walk them down to where i believe democrats will win back the house. that will bring some more balance. but also some more in-fighting. >> even as you see on the gener generic ballot, tightening through the kavanaugh fight. >> i get that, jim.

all it is about who can en liven their business. that's why i say it's going to be the clash of the titans. >> we all remember election day, the day after election day, where there was this incredible outpouring of emotion on both sides. but frankly, much more of a raw emotion on the democratic side. >> the women's march. >> yeah. and david chalian was making this point before. and i agree. it's not going to come close to that. because it's not the presidency. but it's just underneath. >> listen, we're going to continue to follow the breaking news. kavanaugh has the votes now to be confirmed to the supreme court. a lifetime appointment of court. democratic senator dick durbin is here with us with his reaction. that's next. this is not a bed. it's a revolution in sleep. the new sleep number 360 smart bed is on sale now, from $899, during sleep number's fall sale. it senses your movement, and automatically adjusts to keep you both comfortable. it even helps with this. so you wake up ready to put your pedal to the metal. and now, during our fall sale weekend special,

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we're back with the breaking news. brett kavanaugh, a seat on the supreme court, all but certain now with enough votes to confirm kavanaugh in a vote tomorrow. i want to bring in democratic senator, minority whip, dick durbin, of course, also a member of the senate judiciary committee. senator, thanks very much for taking the time. >> glad to be with you. >> so kavanaugh, he has the votes. your reaction. >> well, i sat on the floor and

listened very carefully to senator collins' presentation much. i respect senator collins, but i respectfully disagree with her. i don't know how she and others can come to the floor and say how credible dr. ford was. how the allegations she made were so specific, and yet they dismissed them. i asked dr. ford, my first question at the hearing, what is your degree of certainty when it comes to the fact that it was brett kavanaugh who attacked you? she said 100%. 100%. i don't know how you can walk away from that statement. i think it was clear that she believes he was the attacker. and said as much under oath. the fbi investigation avoided all the corroborating and character witnesses which she suggested they meet with. that didn't leave a very credible result. >> it was striking, because we have been speaking all week to folks who are sex crimes investigators, prosecutors, et cetera. and they say that often victims remember details of the

attacker, the laughing, perhaps a hand over the mouth, et cetera. but not necessarily the exact time on the clock. or the street address. et cetera. did those words from her almost similar to president trump questioning her story during his rally, were those words particularly striking to you? >> well, i can tell you, when the president decided to mock and ridicule dr. ford, he went a step too far. his appalling conduct, which we witness on a regular basis, reached a new low at that mississippi rally. and i'm afraid it sent a message to an awful lot of victims of sexual violence. that, be prepared. you're going to be mocked, ridiculed, even shunned. that's a terrible message to come out of this episode. >> one of your democratic colleagues, of course, senator manchin, west virginia, he voted yes, as well. granted, a deep red state, but democrats were not able to stay unified on this. your reaction to manchin's yes vote. >> well, there's an awful lot of people who think we crack a whip

here, since i guess that's my title. and we have all these ways to twist arms and discipline our members. it just doesn't work that way. individual members have to reach their own conclusions. particularly on historic decisions. we can talk to them, we can give them our point of view. ultimately, they make the decisions. that's what the senate is all about. >> are you disappointed, personally, in senator manchin? >> i'm not going to say that. i will say i had hoped he would vote the other way. but joe is my colleague, we have worked on many things and i hope we continue to in the future. >> the mid terms are just about a month away from now. republicans convinced, and there is some evidence in the polling, frankly, a tightening of the generic ballot lead for the democrats. republicans convinced there is an energizing -- this fight has been an energizing issue for their voters. do you believe this will energize democrats to get to the polls? >> i know it will. and i have seen the polling data that's coming back from my home state of illinois in congressional races, and i know that the challengers to many incumbent republicans are doing

very, very well. breathing down the necks of those incumbents. this debate in washington is not going to change it. people are more concerned about preexisting conditions, the availability of health care, and whether they can elect men and women who will stand up to this president when he steps over the line. >> what about women in particular? of course, it goes without saying that women -- i've heard this, and i know you have, as well. people close to me, people, your constituents, et cetera. they watch this with particular attention and emotion and reaction. particularly christine blasey ford's testimony. what do you say to them now? some who might be disappointed that democrats were not able to stop this nomination from their perspective? >> my message to them is don't be discouraged at all. the day is coming, and soon, where we are moving more toward justice when it comes to the relationship with women, sexual violence and harassment. i will tell you, as a father of daughters and granddaughters, i want them to be able to grow up fear-free when it comes to the

country they live in, and the society they live in. this is not a setback. this is a step forward. >> if kavanaugh is confirmed, again, all indications are he has the votes, if people stick with those votes tomorrow, the decisions of this court, particularly that key position, because kennedy, who kavanaugh would be replacing, of course, had been a swing vote on so many 5-4 decisions, giving this court a conservative slant for decades on so many issues. congress could pass, for instance, gun control legislation. a court could reject that on issues like roe v. wade, issues with redistricting, with intense political ramifications. how do democrats counter that? >> well, we do our best to pass good laws, and hope that we'll be in the majority to do so. the supreme court does have the last word, and many of these cases, and at this moment, if judge kavanaugh goes forward to be on the supreme court, he would make up the 5-4 difference, we think, in terms of conservative versus

progressive. but, you know, tomorrow is another day. we don't know what the next vacancy will be. we don't know what the next opportunity will be. we're going to be prepared and take this next election very seriously. >> final question. i was able to speak to one of your colleagues on the judiciary committee this morning, senator kennedy. and he said something that strikes me as a bipartisan -- bipartisan agreement. and that is that the court politically is in trouble here. he used the words -- the process is a mess. he said that the court is viewed by a large percentage of american people as another extension of politics, and that this process added to that impression among the american public. what does congress do about that? >> well, i can tell you, the senate used to have a standard of 60 votes. had there been that same standard applied to this situation in this supreme court vacancy, it might have been a much different debate. it could have been a much different nominee. so we have kind of gone beyond that. i don't know that we can ever put that back in the bottle. but if we can move to the point

where we require bipartisanship, when it comes to the selection, it would make a significant difference. >> senator dick durbin, thank you very much for joining us this afternoon. >> good to be with you. let's go back to our panel now for reaction to the senator. but also on that bigger issue there. both sides agree, paul ma gala, that the court emerges from this wounded. it was already wounded. and those confirmation battles, the votes are getting more and more partisan over the last ten years. but this fight, particularly divisive. >> right. the court is not on the level after today. americans ought not have faith in their supreme court. i say this as a licensed attorney. it breaks my heart to say that. it began for me with bush versus gore, where the court is not supposed to play a role in the presidential election. i have read the constitution. they're supposed to let the house of representatives decide if the electoral college can. they gave the election to the guy who lost the vote. and this notion is particularly offensive to me. because robert bork was voted down because his views were anti

let california to most americans. he believed that segregation was constitutional. he believed that the civil rights act was unconstitutional. he believed that senator turner could be turned away from a lunch counter, because of the color of her skin. his views were outrageous. and i thank god every day that the senate voted him down. somehow that becomes an unfair treatment? no. so i think we have terrible politicization of our courts now. and really, the person responsible is mitch mcconnell. >> adolpho, do you agree with that? >> i can't disagree more. first of all, i want to go down memory lane or history here. but, of course, my opinion, judge bork's positions were completely distorted. >> let's put that aside for a second and talk about today. >> this is the third democratic smear, in my opinion. the first was bork, the second was clarence thomas, and now we have this one. >> are you saying that the allegations against thomas and -- were -- >> i think -- >> manufactured? >> i think -- i believe that i

think justice thomas had to right when he said this was a high-tech lynching. and -- >> she -- >> i believe that in both these instances, democrats have not had the votes to defeat these nominees on the merits and have turned instead to smear campaigns against these people without corroboration, without evidence whatsoever. and i think senator collins' position today was the correct one. and that is, at the end of the day, there is -- this isn't a job interview. notions of due process and fairness. and the accused has rights, as well. so if you can't corroborate the witnesses that you yourself identify, can't corroborate or can't produce evidence, there is no instance that someone cannot make something up in america. that's an -- >> i want to hear from both of you. >> rewriting our jurist prudence. >> without relitigating clarence

thomas, harry reid was the one who -- the option to change it from 60 votes to 50. >> with the 60-vote margin. >> that's right. >> the lower courts, not the supreme court. >> i know, but he started that. and we warned about it then. all right, it's going to come back to bite you guys. and here it has. but, look. the implication about this whole corroboration and that someone can just smear someone and there's no presumption of innocence, you cannot sit here and say that you believe that something happened to dr. ford and then make the allegation that, well, it was a smear and that they just came out of nowhere and she was a political pawn used by some political operative, democratic operative, to take out a good man in brett kavanaugh. you can't have it both ways. this is cover. it's a cover for people who just think that they would rather put the political partisanship of a supreme court nomination ahead of women in this country who have experienced sexual assault. you cannot say you legitimately believe her, but think she was

mixed up and didn't know who her accuser was. plenty of survivors have approached me and said, i may not remember certain details of that day, but i damn sure remember who my attacker was. including my own mother, who was a survivor of sexual assault. so that is an insult. either you believe her or you don't. and clearly, republicans do not. and the message they have sent now to women is that, well, we believe you sort of, but not if it gets in the way of someone standing in political power. >> we heard from senator collins, something of a talking point. yes, of course, something happened to her, but not kavanaugh. >> also, this moment set a strong foundation moving forward. i believe there is promise in the problem. but just even going back to the president's rally, it's not just what senator collins had to say. but it was women and men in that audience in mississippi who were agreeing with the president. see, this is bigger than just the congress. this is about the united states of america. and we really lose that point. men and women. women were in that audience with

president trump, cheering on his mocking of dr. ford. that is a revelation that we do not want to deal with in this country. we don't deal with sexism and the generational implications of that, and then sexual assault, and we certainly do not deal with racism and the generational implications of it. >> just really quick, susan collins lent credence to donald trump mocking dr. ford by saying, i don't know. i don't remember. i don't know. and then in her defense, she gave him -- >> we're going to have a chance to discuss it more. so much to discuss on this breaking news, including how this will help or hurt republicans and democrats in the midterm election. stay with us. we'll be right back.

the major breaking news. brett kavanaugh has the votes to be confirmed as an associate justice of the supreme court of the united states.

a lifetime appointment. let's go, if we can, to the politics a bit here. polls show, consultants say, republicans enthused by this battle. mid terms, though, more than a month away, and after all, democrats are the ones who lost this one. and mark preston told me earlier today, anger is a great driver. democrats have the anger. do they have the advantage in the mid terms here? >> maybe in the house. in the house. i think it's different in the senate. you have a different dynamic when it's statewide. and because they have tougher ground to defend, democrats do, as opposed to the house, where everybody is up for re-election. so in those suburban swing districts, where you have college-educated women who are going either way. politics has affected every aspect of our life and even now something like the supreme court, which is supposed to be a partisan-neutral branch of government. the founding fathers set it up that way. they warned us about factions,

didn't like the idea about parties. and they would be very upset with seeing the way the supreme court has been factionalized, that i think should be disturbing to everyone. if that's a motivating force, i think you're going to see women already in record numbers running for office. women already in record numbers coming out. that's only going to be amplified by this. >> adolpho, i imagine you're hearing from republicans who are energized themselves. >> i think very energized. i think this is the kavanaugh bump. let's talk about some specific races. first of all, the battle in the last week or so has shown this going dramatically in the opposite direction in favor of the republicans, and both house races and in both certain senate races. but everyone has known that the real question was the senate. because of the favorite environment we have with retirements in the mid terms, with the party in power with the house. i think heidi heitkamp voted the way she did because she's

already toast and with the kavanaugh situation, 12 points down. im i think this vote today will help indiana. i think joe donnelly is in trouble. i think claire mccaskill very much in missouri. i think the only one that was helped today was joe manchin. marsha blackburn in tennessee was helped by this and arizona. but i think the other big news of the day is 3.7% -- >> sure. let's set aside -- >> the employment numbers are important, because it's the direction. and i have to hand it to my friend at the department of labor, that's going to play in with this enthusiasm. >> for sure. and we are going to be, to be clear, talk about that the next block. but one note. nina, we noted, looking at the calendar, that it was around this time in 2016 that t"access hollywood" tape came out. people thought they were over and a month later, he was elected. it's a month away, the mid terms. does this kind of thing fade,

for both parties? does this fade as a voting issue by election day, november? >> i don't think it does. certainly, on the democratic side, we're going to make sure that it does not fade, that's for sure. but your point about the "access hollywood" tape is a great reminder to us not to overthink that, you know, this situation -- because we thought -- we did think -- democrats did think that president trump would never be president trump. and, again, i go back to the woman factor. we know overall he got the majority of white women to vote for him, even with that "hollywood access" tape. so we still do have some serious problems in this country, and women need to look in the mirror as well as men. >> speaking of women, in a poll this week, 55% of women were opposed to brett kavanaugh's nomination, paul begala. are republicans accepting democrats, at least on the house side? is that a driving number, a decisive number, in your view, in the house. >> it is. this election will prove

newton's third law of motion. a reaction has an equal and opposite reaction. aside from the russian's stealing and mr. comey stealing it, was the collapse of my party with white high school educated men. the white working class. we collapsed with them. and mr. trump excelled with them. the equal and opposite reaction of that is highly educated women. college educated women, particularly white women. women of color have already been in the democratic party, thank god, that's why we have a democratic party. president obama lost to them by six points and he's a good politician. they're coming to democrats in overwhelming numbers. this will only put cakerosene o that fire. satisfied people don't vote. all those guys who were all ginned upp, and adolpho is righ. they had to get their guy kavanaugh on the court. he's going on the court. they're going to be calm and happy. and they're going to go back to watching football and there's no

big deal. there might be a good fight on the mma. >> i completely disagree. >> those guys will say, we've got to vote for trump! and that's the difference here. it's a different dynamic. >> there's one person. i think this is totally being misread and overplayed by the democrats. the fact of the matter is, if the election is only 31 days away or so, and this is going to be portrayed, i think correctly by republicans that this good man was treated unfairly. and let me finish this way. i think women have sons, they have husbands. and they have boyfriends. and i think this is going to be just as senator collins said, and just as senator fisher said, and just as senator ernst said. and these are women, and these are women that voted for mr.

kavanaugh. is going to say, this is about due process and fairness. and the idea that -- >> due process. that's not what they did. >> you know what, there is no statute of limitations in maryland. she could file charges tomorrow. dr. ford, why doesn't she do that? >> your reaction. >> i hope she does. you keep -- you guys are saying that on the one side, but dr. ford doesn't get that same compassion. you're saying, i have a son. and i want -- i definitely want him to be treated fairly in this society. but we do need to come to grips with the historic injustices in this country. first of all, it wasn't a court. and the fix was in from the beginning. it was in. >> they didn't investigate the evidence. >> one at a time, guys. >> that's the problem.

that's her talent. this is simply believing someone without any corroboration. with the witnesses she put forward. >> who was most likely the person up there lying? it was judge kavanaugh. >> that's not our system. >> quick final word before we go. >> the system does not limit who you can investigate. if it was a court of law, they would have investigated the calendar. they would have investigated the work history of mark judge. they would have investigated the house. >> have her file charges. >> guys. >> there was no corroboration. >> a straw man. >> we will see how dr. ford reacts going forward. thanks to all of you. there are a lot of unresolved issues here, though it appears kavanaugh has the votes. trust me, we're going to continue to cover it. more breaking news coming out of the white house. what president trump thought of senator collins' speech a short time ago.

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speech. he's no doubt pleased with how she ended it. >> jim, there's no question about it. we are told that the president was watching the speech, just off the oval office in the dining room. he was actually going to be signing an faa reauthorization bill. he had some house members over, but he asked them if they wanted to watch it, so they all watched it together. he's describ he's described in a very good mood, and he has a concerted legacy on the supreme court, getting a second appointment in just his second year in the presidency is extraordinary. >> so the president was largely a bystander, but certainly was pleased at senator collins' speech on the senate floor. >> and i understand you heard there was a president who lobbied senator collins, but it wasn't president trump. >> that's right, jim. we are learning that a short time ago, president george w. bush was on the phone with several senators, including susan collins, trying to reassure her of any concerns she had about judge kavanaugh's character. judge kavanaugh, of course,

worked for a long time for the bush family. he was an associate counsel in the bush white house. a staff secretary to president bush. so i am told by someone familiar with these conversations that president bush was having several phone calls with senators who weren't sure which brett kavanaugh to believe. the one they were hearing allegations about, the one that they saw in a heated moment at the hearing last week. but it was president bush, not president trump, who was making calls to senator collins. but jim, we cannot overstate what a moment this is, going into the midterm elections for this administration, for this white house. it has galvanized republicans. of course, it has stirred democrats' passions, as well. but president trump will be taking a victory lap on this. we have not heard from him, and we don't expect to today. but tomorrow night, he has a campaign rally into topeka, kansas. be sure, he'll be talking about it, and touting it there. >> of course, he had some good economic news today, as well. unemployment rate down 3.7%.

historical, since 1969. jeff zeleny, at the white house. tune into cnn this morning. cnn's state of the union, john kasich will join at 9:00 eastern time, 12:00 p.m. eastern, as well, on sunday morning. our coverage on cnn continues with "the situation room" right now. happening now, breaking news. the swing votes. after a day of very high drama, emotion and anger, undecided u.s. senators announced whether they'll vote to confirm the supreme court nominee, brett kavanaugh. the stage is now set for a final vote tomorrow. we're standing by to see if the president weighs in. court of opinion. after lambasting democrats and blaming the clintons for a so-called smear campaign overnight, judge kavanaugh began trying to repair his reputation for being impartial. but is his last-ditch effort too little t