Most Americans think the election winner should choose RBG's replacement

FiveThirtyEight's Nate Silver breaks down the polls on the Supreme Court nomination and key battleground states.
3:06 | 09/28/20

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Transcript for Most Americans think the election winner should choose RBG's replacement
The Supreme Court seat mate be a battle falling down mostly partisan lines the polls show as we mentioned that most Americans want to wait until after the election to fill the Supreme Court vacancy but. Are also against backing the court after the election. For more on that let's bring in 538 editor in chief Nate Silver and eight you look at twelve different polls asking whether Ginsburg seat should be filled by president trump. Or should be filled after the present after the election what did you find. Something must have you would prefer to wait until after the election. It also tracks with preference for the presidential vote over all pretrial voter you Mexico now three by Moody's. Later. Right now there are more by homeowner's income voters and whole life he's leading by seven or eight points the average national poll. The margin the court and be a bit I didn't happen at all kind of comes down the same partisan framework easy for almost every question these days. As some have suggested that in the next president could increase the number of justices on the court we heard a repulsed elaborate on that a little bit. The polls say about that. Generally unpopular move Americans are kind of change resistant we all grew up with the Supreme Court we beat nine justices large. But we Democrats who argues vehemently and our agenda passed. Is to expand the size of the court. So it's a fairly new opinion. A new idea for my people right now system in new ideas. The tie future for the time being it's not super popular news. And shifting gears happened this issue some taxes affect the race. It's a bit early to say and what the president is behind in polls now by a margin of what is at centenary quite a bit closer maybe worth five points in the swing states. So he's to have a lot of people balance happen for him of the remaining forty days the campaign he has to me debates he has had a Supreme Court battle with his favorite. So anytime you have a story that is negative for competent me constantly question okay how fair is this how well he's the president actually. You know he doesn't want you playing defense when he passed it passed and make up this decently sizable deficit so again. It's anybody's guess right now. But there's downside crisper for prison truck. Now this election is. Likely going to come down to a handful of battleground states what apples in those states telling. Fischler retirees the national polls. A look at what's that you look at. Wisconsin and Michigan our studies ever period he last time. By and actually has fairly large leads in this these many seminary points. And it had Florida. A state he also Lowe's last time Michael ticket come back with older voters is that we need to points there. Right now we call a tipping point state must pivotal state is Pennsylvania. We're back as I'm 85 points in polls. That's the ceiling can be decisive Electoral College so. Although true I have this nice. Deficit nationally by next we need we actually should say it's more like five points in Pennsylvania which is the most importance to time. Right Nate Silver fourth from 538 thanks saint. Definitely thank you.

This transcript has been automatically generated and may not be 100% accurate.

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