♪ is is. >> announcer: this is "new day" weekend. here's a look for all of you up very early in san francisco. welcome to the show this morning. thank you for making us part of our morning, especially so early. it is a morning where this country is coming to grips with the death of supreme court justice ruth bader ginsburg and what is going to happen afterwards. bracing for the political

turmoil and the senate as we close in on the 2020 press lengs election. which is 45 days away now. >> for a second day, they went to the supreme court to remember ginsburg. we also know that there is a fight that has already begun there on capitol hill to determine who should pick her successor. when that vote should happen. >> so far at least one senator, susan collins of maine is breaking with her party saying there should not be a vote on the nominee before the election. president trump and republican leaders say that's not true. the time is now. >> i totally disagree with her. we have an obligation. we won and we have an obligation as the winners to pick who we want. that's not the next president. hopefully, i'll be the next president. but we're here now. right now we're here. >> cnn's rebecca buck is in

washington. we heard at the rally, fill that seat as a chant from the crowd. tell us what you know from the president. he hasn't named a nominee. what we know about the plan to do that. >> reporter: that's right, victor. we're not only expecting the white house to move forward with this nomination, but we're expecting them to put their foot on the gas and move very quickly nominating someone quickly this week. the president said over the weekend that he wants to nominate a woman for this seat. of course, that is just step one and an intense fight lies ahead in the united states senate. a political fight as well with the presidential campaign ongoing. of course, the underlying question here, should the president be nominating someone to fill this vacancy with the election just six weeks away? and possibly a new president coming into office in january. should joe biden win that election. the president defending his right to make this nomination over the weekend. i want to take a listen to what he had to say. >> so article 2 of our

constitution says the president shall nominate justices of the supreme court. now, it says the president is supposed to fill the seat. that's what we're going to do. we're going to fill the seat. >> reporter: as you mentioned, his supporters at this rally over the weekend chanting, fill that seat. in support of the president and his decision to move forward with this process. but it's not clear yet how this is going to shake out politically. as you mentioned, one republican senator, susan collins, announced that she will not support filling this vacancy before the next president is sworn into office in january. it's unclear whether republicans will ultimately have the votes to move forward with this nomination. of course, a lot will hinge on who the president picks. meanti meantime, though, we're seeing incredible energy from democratic voters responding to the death of ruth bader ginsburg and the president's decision to

fill her seat in a lame duck session or -- breaking fundraising records with millions of dollars of donations coming in. if brett kavanaugh and his process was filled with drama, filled with energy, possibly motivated democrats to go to the polls for elections, could mean more over the next few weeks. >> rebecca buck, so appreciate it. thank you. the debate on capitol hill is somewhat of a test to the senate. democrats are calling the gop hypocrites and vowing, quote, nothing is off the table in regards to how they'll respond. >> mitch mcconnell has to find out, at least search around if he has enough votes to move things quickly. here's the latest. >> this decision ought to be made by the next president. >> that was senate majority leader mitch mcconnell then. when barack obama was president in 2016 with a vacancy on the

supreme court. but times have changed and so has the president. >> how are we feeling? >> republican leaders are plotting a full-throated effort to firuth bader ginsburg's seat. republicans control both the white house and the senate. privately, mcconnell and trump speaking about potential nominees on friday night. 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 fill 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 should be made by the president elected in november. with a majority, democrats need a total of four republicans to vote no and stop the nomination. gop senator lisa murkowski,

before ginsburg's tett made clear she did not want to move ahead on vacancy before november. 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 they'll vote to confirm trump's nominee this year. even though some endangered republicans like north carolina senator tom tillis took the opposite position in 2016. >> if we're going to let the american people speak. >> moving ahead before november could squeeze republicans like cory gardner running for re-election in colorado. gardner's office did not respond to questions about whether the winner of the november election should make the hugely consequential pick. it took them two to three months to pick a supreme court nominee meaning it would be faster than usual to approve a replacement

before november. there's another complication. if arizona's appointed senator martha mcsally loses in november, that would mean democrat mark kelly could be sworn in the end of that month, bringing the majority to 248 -- mcconnell has little margin for error. several are uncommitted. like mitt romney and some have been wary about an election year confirmation. like senator chuck grassley who roo refused to hold hearings. >> i couldn't move forward with it. >> on saturday, his office declined to say if that is still his position. others have shifted theirs. including lindsey graham who chairs 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. >> lindsey graham says things

have changed in that confirmation of brett kavanaugh. that vicious confirmation fight that he views the situation differently. republicans do move ahead and succeed in moving ahead, democrats are warning they may retaliate, potentially by moving legislation next year if they take the senate majority to expand the supreme court. to do that, they have to change the filibuster rules and that could have dramatic ramifications for the senate and for millions of people for years to come. nevertheless, that is an option that's on the table. chuck schumer yesterday talking to senate democrats said that all options are on the table. democrats aren't taking the fight lying down. victor and christi. let's bring in our supreme court reporter. the president says his nominee will be a woman. he actually took a cheer poll at his rally yesterday from his

supporters, which is unusual considering it's only been 24 hours since the late justice died. who is on the short list for potential nominees? >> victor, you hit on a point. two days after the death of justice ruth bader ginsburg, of course, it's being felt on the court and on the country as a whole for the election. pretty poignant up here this morning. people have been leaving cards and pictures and heartfelt posters. short-term here at the court, we have big cases like obama care but think down the line, issues like the second amendment, abortion, roe v. wade, affirmative action. those are coming up. that's playing out on the campaign trail and trump is saying that he is going to nominate a woman. the short list has always topped with amy coney barrett. she's a judge out of the 7th circuit. she's a favorite of those of religious liberty. another is barbara lagoa.

she was the first cuban to be on the florida supreme court. florida is important to president trump. there's another allison rushing. she's on the young siechltd i think she's about 38 years old. again, a favorite of the religious right. if white house soun wants to stay within his own office, there's a woman named kate todd. she's a former clerk to justice clarence thomas. part of her portfolio is judges. that's where we are at the court. in the short-term, victor, we only have eight justices. if the court splits 4-4 in the coming days in some orders or if this prolongs into the election, keep in mind that means the supreme court can't do much. they've base kpli affirmed the lower court opinion. they set no new precedents. >> confirmation of a nomination, i mean, it would mean a majority

for the gop, does that change in any way, ariana or dilute the chief justice's power? i mean he's the swing vote. >> it's interesting, right? in the last two terms, you've seen there are times when he has played the swing vote. even last term, if you think about it, even though there were five conservatives, there were times when the liberals won in areas of abortion, for instance. so chief justice john roberts has played that swing vote in some cases. now, if there were a more conservative nominee, appointee put on the bench, obviously, there would be a five conservative majority. chief justice john roberts wouldn't play a role. that's something to watch carefully as we go forward. >> let's bring in the "washington post" opinion columnist and commentator, katherine. i want to start with the statement from susan collins.

i think it's important that we're clear about what she's saying and not saying. she's saying there should not be a vote before the election. but in this statement, she leaves open the possibility that if president trump is re-elected, but the country has sent back democratic control to the senate, there could be a vote to confirm a nominee in a lame duck session. >> right. she's a little bit unclear about her commitments going forward. i'm pretty sure that's deliberate. she wants to give herself room to change her mind. she's in a tough election in maine. presumably, this was meant to appease people who were considering voting against her, particularly people who might have been upset with her past votes for trump's judicial picks. brett kavanaugh in particular. she's giving herself liberal room here to decide that she's either going to vote for a trump nominee, even if there's a

democratic senate or, in fact, i read that statement as not committing either way as to whether she would abstain from voting or vote against a trump pick if, in fact, he has one before the election or after the election in a lame duck and there is a biden win. so she doesn't officially commit herself to voting against the trump pick if mcconnell goes against her wishes, which i'm pretty sure he will. she just says i don't think it should happen. >> she's saying what she'd like to see happen. she doesn't say what she'd do dependent on what happens. there's an important discussion on the calendar for the supreme court. we all lived through this pandemic. a week after the election, there's taking up bam obamacare. how significant of a driver might that be when the president talks about trying to push this through before the sflex. >> -- election. this is incredibly significant. this would strike down the whole

of obamacare. that is protections for preexisting conditions, the medicaid expansion program and all sorts of other provisions that tens of millions of americans rely on for their coverage of -- for their health care, essentially. if this seat isn't filled, this decision could very well be a 4-4 tie, in which case it's sent back to the lower court decision and the law is entirely struck town. there could be intermediate decision where they say, well, we're going to kick it back to the lower courts. take more narrow -- some narrower issue. in which case, this will be a zombie law that lives on in limbo a little while longer. it's pretty striking that tens of millions of people could lose their health insurance. 18% of the u.s. economy could be thrown into chaos just because of single jurist tied.

an important jurist. the health care system could be thrown into disarray because one person isn't on the court. i think it doesn't speak terribly highly of our democracy. but that's the situation we're in. you could imagine that this very scenario, what's going to happen to the health insurance system, could motivate a lot of people on either side of the issue, presumably more likely democrats than republicans given what we saw in 2018. >> one more on -- we've heard chairman graham, the tapes from 2018 saying if there is an open seat, we will not move forward in the last year of the trump administration. he's now reversed that and says things have changed because of the filibuster rule changed in 2013. the kavanaugh vote, which he made the commitment after the committee vote. we'll get to that next hour. a tight race in south carolina. latest poll has them tied at 48% with jamie harrison, the democrat there.

is this an existential fight for him to push this forward to try to get out of this deadlock with harrison? >> i think there's no other way to see the motivations, not just graham but some of the other republican senators who are also in tight races who have not committed, at least at this point about what they will do. i feel like i hear a lot of people asking, well, are republicans going to -- are republican senators going to grow a conscience and decide they're going to treat trump the same way they treated obama. they'll stand for principle and refuse to hold a vote. will they refuse to hold a vote on a trump nominee? i think that's the wrong way to think about this. you have to remember that the prospect of putting more conservative justices on the highest courts of the land, indeed the highest court of the land, was the reward that these republican sfors and their voters were seeking. it was the reason why they held their noses and tolerated so much objectionable behavior from

this president. it was the way they assuaged their consciences the last few years. i don't think it's about principle or conscience. i think they want the conservative justices. they know they will energize the republican base and that's the calculus here. they will make decisions, whether it's lindsey graham or cory gardner or others, based on will this get my voters to turn out. not if it's consistent with past statements i've made or principles that i said we stand for. >> good to have you this morning. thank you, ma'am. >> thank you. so the conversation is continuing later today. a great show coming up on state of the union with jake tapper. who will have former president bill clinton, senator amy klobuchar, marc short and admiral brett gir oir that airs

at 9:00 eastern on cnn. the u.s. is getting close to 200,000 confirmed deaths connected to covid-19. more than a dozen states are recording new daily records of new cases. we'll tell you about some of those and the uptick we're seeing in a live report coming up. what we're seeing across the country, how people are honoring the legacy of supreme court justice ruth bader ginsburg. >> it's sad, no question that she's passed. but it's also, you know, a motivation to keep on her fight. it's the ones that got away that haunt me the most. [ squawks ] 'cause you're not like everybody else. that's why liberty mutual customizes your car insurance, so you only pay for what you need. what? oh, i said... uh, this is my floor. nooo!

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>> they're registering new daily case records. cnn correspondent natasha chen has more of the details. natasha, good morning to you. what are you finding in terms of how these numbers are rising right now? >> christi and victor, there was an overall decline for several weeks. there's been a recent uptick and some people are pointing to college campuses. college and universities in all 50 states reported infections. there's been a stay in place order in michigan for a couple of weeks for the students at grand valley state. providence college has seen an outbreak. even new york governor andrew cuomo asked the state liquor authority to keep a closer eye on bars and restaurants where college students gather to make sure they're following safety protocols. >> we are getting crowds. this is pandemic and we're rounding the turn. we're rounding the corner on the pandemic. okay? >> last night, two really

different public gatherings. a vigil at the u.s. supreme court with most participants wearing masks. and the president in north carolina, his crowds largely maskless. this as daily covid-19 cases in the u.s. have been ticking up recently as the nation's number of lives lost closes in on 200,000. >> some of this may have come about after the labor day weekend. 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. also kids are going back to school. this is our first experience understanding what happens with community spread when, in some places, kids go back in school. also, maybe there's some covid fatigue where people are letting down their guard. >> in florida, health officials reported 3,573 new cases of covid-19 friday. bringing the state's total to

681,233 on saturday according to the florida department of health. this marks the most covid-19 cases reported in a single day since september 11th. florida state's football head coach announced he had tested positive for covid-19. in a statement sent out on saturday, he made the announcement saying, quote, in our most recent round of covid testing yesterday, i received a positive result after being negative in two previous tests. the state of georgia reported the most new cases in the state since september 3rd. on saturday, it reported 2,313 new covid-19 cases and 63 additional deaths according to the georgia department of public health. in utah, governor gary herbert issued an executive order saturday extending the state of emergency in an effort to contain the spread of covid-19, a day after the state reported a record number of cases. the wisconsin department of health services on friday reported a record number of new covid-19 cases.

the department urged in a tweet friday, quote, a second record-setting day for wisconsin cases as we add 2500-plus to our total. please take steps to avoid illness and protect your community. stay home if you can. stay six feet away from others. wash your hands often and #mask up wisconsin. >> parts frt country doing well have remained masked up. walk through the streets of new york. just about everyone is wearing a mask. similar in d.c. and, of course, after the national cathedral will toll the bell about 200 times, as you mentioned, at 5:00 this evening, there's going to be a protest outside the white house at about 9:00 where people are going to have -- to commemorate the 200,000 lives lost. that number, we will potentially hit by the end of this weekend. christi and victor. natasha chen. >> thank you. let's get to physician and

public health specialist dr. matthew. thank you for being with us. >> thank you. >> i want to ask you, when we talk about the confusion out there from people who say that they've heard so many different stories, they don't know this is a fluid virus, they don't know what they really should do even though it's been very obvious and you all have been good about breaking down the mask wearing, the social distancing. the cdc itself, this week on friday, it gave a reversal to asymptomatic patients or people who may have come in contact. initially, they said you need to be tested. that was revised. they said you don't need to be tested on friday. they reversed back to their original. the hhs, health and human services department is involved in this guidance somehow. how is the cdc monitoring or even keeping up their credibility at this point? >> good morning, christi.

i think for the first time cdc is standing a chance to sort of be undermined and people questioning its credibility. since 1946, christi, this is the first time that the centers for disease control is not at the forefront of a pandemic. my question, just like yours, christi, would be how can anybody change the wordage, the verbiage on your website and the cdc officials not know about it? you know, i think that when i found out about it that next morning, the big question i had is will dr. redfield and cdc hold a press conference to explain exactly why this rule was changed? then miraculously, it's changed back to the old guidelines. ultimately, when we're talking about a race to a vaccine that needs to be safe, you know, trusted, we're talking about sort of regaining that trust with the american public as scientists like myself.

>> saju, justice ginsburg's death was reported so soon after the president's conference, i don't think it got enough analysis -- there will be enough of the vaccine distributed by april for every american to be vaccinated. there is no approved vaccine in mid-september. is that realistic? >> no. victor, unfortunately, while we all want a good vaccine that is safe, effective and trusted, we don't have a vaccine at this point. yes, we do have three good platforms that are advancing in phase 3, but without a vaccine, we can't even talk about how all americans will be vaccinated by march. i agree with dr. fauci and a lot of other scientists, victor, where i think that, number one, once the vaccine data has been evaluated, remember, there are a lot of independent boards to

look at the data and make sure it's safe. one thing that our viewers need to understand is, once the two shots have been given, you really need to wait at least 42 days. most side effects with the vaccines occur in the first 30 to 60 days. so i think a more realistic time schedule would be really next summer before most americans can potentially get the vaccine. >> which is what we heard from dr. redfield that the president said was inaccurate. >> sorry christi. >> since you were talking about vaccines, dr. fauci also in the last couple of days said we may not see this double whammy that people were concerned about regarding covid and the flu because it's mid-september and we're fweerg up towards flu season. i know the guidance is get your flu shot now. but there is evidence that it's not happening in australia. is there evidence that the flu may be tamped down here? >> i think there could be two

potential pathways, christi. either we could have the best flu season this year or the worst flu season. get this. last fall or last winter in australia, they had 61,000 cases of flu. this year, they just had a little over 100. there's really no secret behind why australia experienced a no flu season. they practiced mask wearing, social distancing and washing their hands. my only concern would be, while i'm excited about that potential same occurrence here in the u.s., we're not a mask-wearing culture. 51% of americans six months into this pandemic don't wear masks. but if we practice all the social mitigation guidelines, we might actually have a relatively low or no flu season. but, again, i want to make sure that our viewers still get the flu vaccine. that's going to be important. >> all right. dr. saju matthew, good to have

your perspective. thank you for waking up with us as always. thank you. late justices, ka'lia and ruth bader ginsburg didn't agree on much when it related to the law but they were close friends. scalia's son reflects on their relationship. in the middle of the darkest night it's true, i will rescue you oh, i will rescue you

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cross the country, memorials and vigils are being held and erected to remember the late supreme court justice ruth bader ginsburg. >> here's jessica schneider. >> as the shocking news of supreme court justice's death, mourners quickly formed and impromptu vigil on the steps of the supreme court to honor one of their heroes. >> you feel gravitated to be here. it's for younger folks like ourselves, she represents so

much. so much progress that's been made. it felt like a natural place to be. >> i just felt like i should bring my daughter down here and kind of demonstrate to her the impact that ruth bader ginsburg had on our family. >> at one point spontaneous applause broke out for the much beloved senior justice. as mourners continued pouring in to pay respects, small vigils were springing up around the country packed with young supporters. in denver, mourners gathered by candlelight, some sporting rbg masks. >> she was an inspiration. mostly all the -- are because of her. she's a strong wonderful woman. >> in san francisco, voters already expressing fears about future court decisions without ginsburg's voice. >> going into this election year, i'm terrified because there's so many rights at stake for immigrant communities, for minorities across america. >> justice ginsburg has gained

stark status over the years, especially with young and liberal voters as she consistently voted progressively on divisive social issues. saturday in front of the supreme court, mourners, some in tears, continued to gather bringing flowers, signs and their families. parents helped kids draw messages of love and support on the grounds with chalk instilling the importance of the event. vice presidential candidate kamala harris and her ruhusband were taking in the rows of messages. one sign saying thank you for holding on for slangs yas long could. she fought several bouts of cancer over two decades. >> she was a good person about needing a voice at the table and women should be places where decisions are being made. that was super inspirational to me. trying to be a voice at the table where i am. i'm always going to remember that and always going to vote

and just fight for things she fought for. >> her death, less than seven weeks before the election, opens up a political battle over the future of the court. supporters are making it clear, they're motivated to keep up her fight. >> it's sad, no question, that she passed. it's also a motivation to keep on her fight. >> the singing and the celebration continued into saturday night with a vibrant vigil. the crowds stretched from the steps of the supreme court to the capitol grounds. they were here to pay tribute to justice ruth bader ginsburg, someone who personified a tireless champion of justice. that's how the chief justice, john roberts, referred to her. victor and christi. >> thank you so much, jessica. they were on opposite ends of the ideological spectrum. but justices antonin scalia and ruth bader ginsburg shared this gin win friendship. >> you take a look at this

picture taken together when they were in india. scalia's son spoke with chris cuomo about their friendship. >> they were friends for a very long time. it wasn't just they who were friends. their spouses were friends with each other. it was -- people think it's mysterious. as you said, it lasted a very long time. it was because they had so many things in common. despite their many differences. i can share a story that one of his former clerks told recently. this former clerk is now a federal judge, jeff sutton. he was visiting my father shortly before my father passed away. it happened to be justice ginsburg's birthday. my father said i have to go down the hall and give ruth these roses. he bought her two dozen roses. judge sutton tease him and said what are you doing that for? what was the last time she was ever on a 5-4 opinion with you

that ever mattered? he was teasing, of course. my father said in reply, some things are more important than votes. >> such a great line, isn't it? we could all learn from that. >> beyond the bench, justice ginsburg was a cultural icon. she was in films, television and books. her character was. now, the people who played her on screen are reacting to her death. we'll have more of that in a moment. get ready - our most popular battery is now even more powerful. the stronger, lasts-longer energizer max.

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45 minutes past the hour. victor, i can't help but think about what it must be like for the actors and actresses -- the actors, actresses to play the role of justice ruth bader ginsburg. i mean, the honor that has to be and now how they feel about it. >> we saw how she felt about it in the rbg documentary. she found kate mckinnon to be pretty hilarious. we're learning from those women about their legacy. brian stelter is with us now. the actresses who played her, they are now talking about this. especially the one was -- it was a great movie, on the basis of sex. that film. she's talking about the former justice. >> this is a wonderful drama by felicity jones playing ruth bader ginsburg. felicity jones saying in a statement this week that ruth gave us hope, a public figure who stood for integrity and

justice. a responsibility she did not wear lightly. she will be missed not ohm as a beacon of light in these difficult times but for her razor sharp wit and extraordinary humanity. she taught us all so much and i will miss her deeply. that's felicity jones. in a different way, kate mckinnon loved to play ruth bader ginsburg on "saturday night live." we heard from mckinnon overnight. here's what she wrote. she said for so many of us, ginsburg was a beacon of hope, a warrior for justice, a robed crusader who saved the daytime and again. playing her on snl was a profound joy. i could feel the overwhelming love and gratitude that the audience had for her. it was one of the great honors of my life to meet her and shake her hand and thank her for her lifetime of service to the country. it's not just television and film. i've seen so many books that are best sellers again about ginsburg. some are by ginsburg. others about her.

she is are, of course, notorious rgb, the famous book by our colleague. including children's books that celebrate ruth bader ginsburg's life. that's another testament to how she broke through and inspired so many. you know, there are multiple children's books about her that are once again best sellers this weekend. >> that's such a great point. they tucked about that, i think it was -- talked about that. how her 9-year-old son, when he heard the news, he immediately pulled out one of his books talking about the supreme court and about her. so we forget that kids pay attention, right? and that some of these books may be helpful for them, too. interesting. >> the emmys are tonight. the prime time emmys. i suspect we'll hear her name more than once tonight there. >> stelter, great to have you here. he brought it up.

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the 2020 emmys are going to look like something we've never seen before. for one thing, that red carpet. there will be a lot of them. they're going to the stars. >> that's interesting. the pandemic, of course, means that the show will be mostly virtual. cnn's stephanie elam shows us what to expect. >> you are the lady of the emmys. everyone is talking about it. >> gone is the red carpet. and the audience of stars. >> things are going to be quite different. >> this year's emmys are virtual with stars accepting awards from home. >> yeah. i mean, i get to bring my dogs to the emmys.

how often is that going to happen? >> jimmy kimmel will host from staples center. a larger venue than normal >> this is what makes me feel comfortable. >> social distancing is planned for the crew and star presenters like morgan freeman and oprah winfrey. >> this is a moment where people are going to address black lives matter movement, climate change, politics. we have an election weeks away. >> 114 locations across ten countries. >> to boost the fun factor, live cameras were sent to stars' homes. >> we're hearing that the tv academy is trying to feel out with the major nominees, would they be comfortable having someone essentially in a haz-mat suit, deliver a emmy to their door should they win? >> variety reports that kimmel and producers told stars to, quote, come as you are but make an effort. >> some people, that means they'll wear tuxedo pajamas. other people -- i talked to one person, she doesn't care what's going on.

she's dressing up. she's getting glam. >> hbos the watchmen is among the frontrunners -- netflix giving the show a pandemic poos. >> people looking for things to watch -- >> the emmys are sunday night. >> most likely going to hear something, possibly many mentions of justice ruth bader ginsburg. and what's at stake for naming her replacement. "new day" talks about that. we continue after the break.

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this is "new day" weekend with victor black well and christi paul. miami, you're beautiful. at 7:00 a.m. on a saturday. any time of the year. south florida, thank you for the shot. good morning to you. now the focus turns to the senate with all eyes looking at the ballot. the power on the supreme court. the country is mourning, of course, justice ruth bader ginsburg. already her death impacting 2020 politics. >> for a second day, there were people who were at the steps of the high court to remember the liberal icon hanging over the tributes, though to this incredible life of hers. this intense debate that's happening across the street on capitol hill. who should get to choose her successor. and when should that vote happen? >> so far, at least one senator