The senate should take up a vote before the election. If just four republicans are willing to press pause, trumps nominee will not get a vote, at least not right now. Lisa murkowski and Susan Collins believes no vote should be hel before the election. Earlier today the democratic nominee for joe biden says whoever winning the election should get to make the pick. To jam this through the senate is an exercise in raw political power. I dont believe the people of this nation will stand for it. Even if President Trump wants to put forward a name now, the senate should not act until the American People select their next president , their next congress, their next senate. Cnns lauren fox is joining us. Alexander was seeing as a possibly opponent to a speedy vote. Tell us what hes saying and why its so significant. Essential the math this weekend was two reps, both much them had said they were uncomfortable moving forward with a Supreme Court vote to fill that vacancy. In fact, Susan Collins was very clear she said she didnt even want anybody who didnt win the election to select the Supreme Court replacement. That was very important. We were just looking for two more members. Alexander was someone we were keeping a close eye on. He has since said hes comfortable moving ahead. He said, quote no one should be surprised that a Republican Senate majority would vote on a republican president Supreme Court nomination, even during a president ial election year. The constitution gives senators the power to do it. The voters who elected them expect it. Senator Mcconnell Connell is only doing what Democratic Leaders said they would do if the shoe was on the other foot. That makes it harder to figure on who are the two remaining republicans that. Its important to remember we dont know when a vote will formally happen on the senate floor. Thats a question the Senate Majority leader will be asking his members. Theyll meet for a conference on tuesday for a regularly scheduled luncheon. That will allow people to voice their opinions. The some republicans will be pretty uncomfortable taking that vote when theyre staring down an election or reelection in november. Meanwhile, the risks are always run is the longer you wait, things can change. What happens if President Trump loses the white house and republicans return in a lame duck. What does that do to the vote . Its uncleek, a unclear, ana thank you, lauren fox. No more, of course, it appears the dominos are falling into place for the president. Reporter thats right. He was a longshot possibility all along. If you go past Susan Collins and Lisa Murkowski, everyone is a long shot here, in part because appointing conservative justices is a key tenet of what republican politicians believe in. Republican senators can look at this as much as a Mitch Mcconnell appointment as a donald trump appointment, especially if its a painstrema appointment. They wouldnt reverse themselves having blocked mer rick garland, but theyre happy to change their position when is it suits their own party, so some of the other possibilities, lindsey grahamic who said in 2016, you can use my words against me, im not going to do different in 2020. Well, hes done different. He reversed himself. Theres chuck grassley, then the judiciary chairman, will he stick to his words . I dont think any democrat is counting on it. And yet we heard from joe biden earlier, trying to make an emotional appeal on this issue. Fill us in. Well, hes doing a couple things, first of all hes saying it would be an abuse to shove this through, second pointing out the hypocrisy. Hes also saying that republicans should keep in mind the political temperature of the country. Its hard, divided, theres been a lot of anger this summer, and hes urging them to put the temperature down, try to bring the country together, also not being too pollyannaish about his prospects for success. Look, im not being naive. Im not speaking to President Trump, who will do whatever he wants. Im not speaking to Mitch Mcconnell, who will do what he wants, and he does. Im speaking to senate republicans, who know deep down what is right for the country and consistent with the constitution. Reporter so thats consistent with joe bidens belief that he can Work Together with people of goodwill on the other side, trying to appeal to their conscience about what this would do to the country. I do not think that joe biden has a huge amount of confidence that thats going to work. John harwood, thank you for walking us through all of that joining us now, chris van hollen. No sooner did we learn that Lisa Murkowski is saying pump the brakes, senator alexander is saying hes okay with a senate vote. What do you plan to do . Well, ana, good to be with you. As joe biden said, we are still pushing hard on republicans and were really not relying on trusting what they might have said before. Almost all of them said in 2016 we should not move forward in a election year, but of course their American People and constituents, this is why Vice President biden talked about the stakes in this Supreme Court choice, specifically with respect to the Affordable Care act, the fact that the Supreme Court is taking up the Affordable Care act case in mid november. What Mitch Mcconnell and donald trump are trying to do through the courts is what they were unsuccessful at doing through the legislature. They failed by one vote in the senate to destroy the Affordable Care act. Now theyre trying to take it away from people in the middle of a covid19 pandemic. So the American People need to be calling their senators. There are a number of elections, so well continue to highlight those stakes. So if youre pushing on some of the republican senators, i wonder how youre doing in a. Weve had heard some suggesting in biden wins, if the senate turns over to democrat jersey come november, that democrats should just expand the number of Supreme Court justices. You have equititweets like thisy nadler tweeted something similar. Is that the plan . Ana, our focus right now remains on trying to stop this abuse of power right now, to try to get another two republican senators who will not want to face the wrath of their constituents. Obviously relying on people like lamar alexander, who some thought might want to retire with some dignity, obviously we cant be counting on that. So who are you counting on . Who are the other two who might join Susan Collins and Lisa Murkowski. There are, of course, a number of reps wublicans, who an have not wade in on this. Theres a number of key states. Im not banking a corey gardner, but hes in a very tough race right now. He did not win without independent and moderates voting for him. Look, again, ana, what im saying is we will use every procedure opportunity, and we are calling on the American People to way in. If somehow they abuse their power and ram this through, with he obviously will consider all the alternatives available, but we remain focused on strip away the Affordable Care act. Okay. Heres what joe biden said last year. He said, no, im not prepared to go on and try to pack the court, because we will live to rue that day. As you know his whole candidacy is he will return the office of presidency to some kind of normalcy, he would be a uniter, not a divider. So when you say all options are on the table and prepared to take these further a. S if you cant convince republicans to stop moving forward with a Trump Nominee to the Supreme Court, doesnt that openly contradict what biden is trying to sell . No, ana first of all, im saying we are focused right now on trying to stop this paragraph at this moment. That is our focus, trying to get those two more republican senators, as we also use all our procedures options. Obviously were weighing what kind of forgive me o for interrupting. Options, what does that look like . Whether theres ways to use our clock to our advantage, to make sure we use our full amount of time on any kind of motion going forward, and whether thats enough to essential block consideration before election day. Im not say it is for sure. Im saying we will pursue every option we have in that regard, as we community indicate the importance of this fight. And try to per suede two more republican senators to join senator collins and senator mruczkowski. As mcconnell established this room himself but, again, i want to emphasize this is not over. Were going to find i hear you saying youre going to try to delay this process, but that means this fight is going to be in the spotlight that much longer. I have to think that republicanser breathing a sigh of relief that not all the oxygen is on the coronavirus. So if you have this protracted fight over the Supreme Court, could that play into the republicans hands . I dont think so. What the republicans will be telling the country is that its more important to abuse their power and try to pack the court with justices who will take away peoples access to Affordable Care act, to take away protections for people with preexisting conditions, than it is to deal with this is a proxy fight over whether or not were going to provide the American People with Affordable Health care in the middle of a pandemic. What republicans are saying is not only are they going to refuse to take up the heroes act and vote on the heroes act, trying to pack the cord with rightwing ideologues who are right now prepared to strip away the Affordable Care act. Thats been the president s goal since day one. Hes sued, that case is up in november. Thats what this pick for Supreme Court is all about. Senator chris van hollen, thanks very much for the time. Ana, good to be with you. That, again, was a look inside what the Senate Democrats have in mind from replacing Justice Ginsburg, but what else might be on the table . What can the minority do legally without the help of at least four republicans . Form form former u. S. Attorney paree pareet bahara joins us nest. Ted. By providing disinfecting wipes and Healthy Habits resources like reminder posters, social distancing guides, and timely lesson plans. Lysol is here for healthy schools. We have different needs. Y. But one thing we share is wanting to make our lives the best they can be. If you have medicare and medicaid, a dual complete plan from unitedhealthcare can help. Giving you more benefits. At no extra cost. And a promise to be there for you. Whatever your story may be. To learn more, call or go online. Dual complete from unitedhealthcare. Senate democrats say all options are on the table as they try to stop what they call a power grab from republicans trying to hijack the appointment to the Supreme Court. Preet bharara is here to discuss, also host of a podcast called stay tuned with preet. Im finding it hard between the balance to grieve and the urge to fight in this sad moment. Is threatening to stack the court the only way to fight . Because democrats really cant stop it, can they . That remains to be seen. I was expressing what a lot of people were feeling friday night. On the one hand, you mourn the loss of this petite giant, as so many have called her, but on the other hand realizing what is at stake. If the democrats want to prevent the republicans from putting in their pick, what do they do . One thing is to mention to threaten with full force that that is the thing they will do come january 2021, which depends on joe biden winning the presidency, and depend on the senate changing back to departme democratic hands. So i dont know how strong a threat that is. They can also try to use whatever maneuverings they can, not to stop it, but to at least delay the possibility of a confirmation until after the election. Some of the dynamics change after november 3rd, depending on what the results are. How concerned are you if the republicans push think another Trump Nominee . Well, i think people are beginning to understand, on both sides, how important the Supreme Court is. I feel like sometimes that only happens when theres a vacancy. Its been a long time since theres been a vacancy that would change the direction of the court as dramatically as this. When you replace a up conser conservati conservative with a conservati e conservative, it changes absolu trump gets his person on the court, the Affordable Care act is in deep trouble. It may only be put back together if biden gets elected. Those are just two examples of things that would be very different in the coming months in this country. Here is what joe biden said a short time ago. We cant keep rewriting history, scrambling norms, ignoring or cher irsystems of checks and balances. That includes this whole business of releasing a list of potential nominees, and now saying, after they after ruth bay bader ginsburg, they say joe biden should release his list. Its a game for them. Theres a lot discussion about norms, but i wonder if you agree with biden, or should he release potential picks, as trump has done . I think thats up to the individual candidate. I think its more about politics and less about the court. He understands that a lot of things he does and says are not that popular. His style and rhetoric is not that popular. Certainly his handling of the pandemic is not at all popular, but the one thing that keeps him popular with many, many diehard conservatives is his judicial selections. They would be the same he understands by putting out a list, and the list is either vetted by or prepared by or blessed by the federalist society, that earns him points. Joe biden has made it very clear and pretty specifically, he intends to nominate a black woman to the Supreme Court. Thats not an infinite set of people. I think people can make their lists, and joe biden has no need to make a list of his own. And he reiterated that today himself. I also think your point is well taken, in that i talked to a number of voters in 2016, who werent necessarily big trump fans, but they were voting for him because of the Supreme Court opportunity that posed. One republican talking point is from lawmakers like ted cruz, we may have a contested election, and the court must have a full roster of nine justices. Whats your reaction to that argument . It sort of sounds good in its face, if it was made in good faith by somebody like ted cruz, who doesnt say the complete opposite and was pleased to have months and months of a Supreme Court at 44, and what it sounds like underneath that statement, the subtext is, yeah, we may have a contested election, and so, therefore, trump should get to put a thumb on the scale by having one of his justices be put on the court. So its not deadlocked in a way thats adverse to donald trump. Thats what theyre saying. Theres going to be a contested election, so let one of the people in the contested election make the decision at this late date, contrary to a lot of precedent to have a thumb on the scale. I dont think that holds a lot of water analytically. You talked about grieving while fighting over her vacant seat. We got pictures of that actual seat, draped in black. It is a tradition that dates back to the 1800s. How would i like ginsburg to be remembered . I think a lot of people who knew her better than i are better able to talk about that. As i said at the beginning, she was not only supersmart and superfocused on work, but also an inspiration to a lot of people, especially women. Some of the things ive heard about how they were inspired to go into the law, how they were inspired to be aggressive, seek positions in the law, seen the trailblazing that she had done, is incredibly moving and inspirational. I think if part of the measure of a person is how much they inspired people, protected people, improved peoples lives, i think her contributions are immemorable. And weve heard how meticulous and brilliant she was in her intellect. As a lawyer, as somebody who is very seasoned in your field, have you learned anything from her writings . She was a very clear writer. Her opinions were always excellent. The other thing that comes out, if you study her more, not that she was a staunch advocate for equality, but she understood you dont do that by being smart. Also being shrewd as a lawyer, as an advocate before she came on the court is something that i think lawyers and people generally who work in complicated lessjobs can take a lesson from. Its something that people can take, her friendship with a antonin scalia, which has been commented on. You had two people who cared deeply about their differing principles, but they were friends. I think we can think of that in a good way as well. Thank you preet. Why is the mask message still not getting through to so many . Youre live in the cnn newsroom. Secret aluminum free helps eliminate odor instead of just masking it. And is made with three times more odor fighters. 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Nears 200,000 deaths from the coronavirus, moments ago in the nations capital, the bells of the National Cathedral range out 200 times for those lives lost. [ bell tolling ] 200 chimes, nearly 200,000 american lives gone since this pandemic began, according to Johns Hopkins university data. Its a somber moment i want to discuss with dr. Jonathan reiner, a professor of medicine at george washington, university. Doctor, did you ever think we would see the day that over 200,000 americans would die from the coronavirus . No, ana, i did not. Its almost too terrible a toll really for anyone to bear. Every year on the anniversary of 9 11, they read the names of the almost 3,000 americans who died during the terrorist attacks. If we tried to read the names of all 200,000 americans who died during this pandemic, it would take a week. It would take a solid week of reading these names around the clock. The toll is immense. More than 30 states are seeing an increase. Lots of red and orange there. However, there has been an overall decrease or trending downward in terms of the number of daily deaths. Are things moving in the right or wrong direction in. Were a bit better than we are in june and july, for sure, but unfortunately we plateaued at by 40,000 case per day. Thats been steady. 40,000 new cases a day. That translates again to a steady about 800 though 1,000 deaths a day. Im afraid weve plateaued as an unacceptable level where many epidemiologists are concerned that the incidents will rise, so this is not the plateau we needed to be at at the beginning of the fall. We have the ability to do this. We just need the political will to do it. To that point, the president s coronavirus testing czar was on our air this morning and emphasized how important under the circumstances for people to take all the right health precautions. Listen to this. We have to stay strong and do the things that could decrease the spread. Number one, wearing a mask, number two, avoiding crowds. Number three with hygiene and mart testing. We do have a formula to reduce the deaths, reduce the cases, but we all have to be diligence and disciplined. Yet a few times this week, including last night, the president held a huge rally, most not wearing masks. I mean, talk about opposing messages. Its so frustrating. Its so frustrating. My weve reminded me earlier this week at the scene at the end of the wizard of oz where the good witch has told dorothy shes always had the power to get back to kansas. Weve always had the power. Thats the magic, yet we have the president of the United States you and i talk about this seemingly every week, the president completely pulling the rug out from people who are trying to get the numbers down, yet the commander in chief feels the compulsion to hold events with unmasked, nondistanced supporters. Its maddening. Clearly counterproductive. As always, doctor. Thank you. The death of Justice Ginsburg will have a big impact on the election. And our polling guru harry enten is up next. Get ready our most popular battery is now even more powerful. The stronger, lastslonger energizer max. Now if the stakes werent high enough, the death of Justice Ginsburg is raising the stakes again in an already historic election year. President trump vowing to nominate his pick to fill ginsburgs seat within the next week. Cnns senior Political Writer and analyst harry enten joins us now. What do the polls tell us about when president ial candidate voters trust more . There was an interesting New York Times college poll done in three important swing states arizona, maine, and north carolina. What did it show among those voters who arent choosing at this point . They overwhelmably preferred joe biden, 49 to donald trump 31 to pick the next Supreme Court justice. I should point out this poll was taken before the death of route bader ginsburg, but its still a good starting point for joe biden. Look, this to me is rather interesting. Theres all that talk in 2016 about how donald trump really benefited from the idea he could nominate the next Supreme Court justice. But look at our last cnn poll, and what do you see for this year . Is more biden supporters say its more important. So we see a real flip. You really cant compare the senate landscapes. The way we see it is look at the number of competitive races where there were democratic senators. There were five in states where donald trump won by ten. Or more. This year its just one. Indeed to get a better understanding of how in fact the congressional races may shape up this year, remember last time around back in 2018 before the kavanaugh hearings, what we saw was the democrats were up by eight points. They ended up with the same eightpoint lead. Democrats are well ahead. If in fact we see a Similar Development going on this year, if theres in fact a Supreme Court nomination, i really wouldnt be surprised if democrats hold their ground, at least in the rate for congress. And harry, you say arizona could play a heavy hand in confirming the Supreme Court pick. How so . You have and the democratic challenger mark kelly. That race, whoever wins that ray. Means well up in the polls, he could get seated by the end of november. You dont have to wait all way to january. If in fact kelly wins, that would be one less senator. In the lameduck session, if in fact it comes to that. Harry enten, thank you for breaking it down to us, brother. My pleasure. The late Justice Ginsburg transcended the court, secured a spot in pop culture. Coming tip, a tribute from kate mackinnon. These are live pictures outside the Supreme Court, as americans are paying their respects. Tmobiles new offer on iphone 11 pro is even better on our most powerful signal. 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To create fragrances infused with natural essential oils. Air wick scented oils. Connect to nature. I got it all from you im always pushing through i know well make it to the finish line i know youre waiting on the other side im like you ondemand glucose monitoring. Because theyre always on. Another lifechanging technology from abbott. So you dont wait for life. You live it. People across the country continue to pay tribute to the incredible life and legacy of Supreme Court justice, Ruth Bader Ginsburg. She was a force to be reckoned with. Justice ginsburg worked out with her personal trainer twice a week since 1999, calling him the most important person in her life. Her gym routine was highlighted by actress Kate Mckinnon on saturday night live. Arguments, they were so weak, i just hope their not holding up Justice Scalias chair. Im not using the im training for the 2021 olympics. Im going to do mental gymnastics. Cut the Response Team in 2018. And 2018 interview, she responded to mckinnons portrayal of her. I like the actress who portrayed me. Kate mckinnon . Yeah, and i would like to say ginsburg. Sometimes. To my colleagues. Mckinnon tells usa today that meeting the justice was one of the great honors of her life, calling her a real life superhero, a beacon of hope, a warrior for justice, a rogue crusader who saved the time time and again and when you picture ginsburg, you may picture her wearing those black robes, but on wall street, the fearless girl statue has a new look. She originally face d the charging bull, well she now wears a familiar collar around her neck making fearless girl even more fearless than before. In this weeks impact your world, a couple starts a nonprofit in chicago to help representative and provides where the charkts of the story are black. Its called young, black and lit. The books they read and it wasnt something i really thought about until my niece came around and it really kind of sat in any me that there were bookstores that she could walk into and not be able to feel seen. Its a Nonprofit Organization based in the chicagoland area. Our mission is to provide childrens books to youth featuring black characters at no cost to the youth or their families. Since 2018, we provided over 5,000 books to Community Ser centerses, organizations, schools and directly to students homes. It was just always a challenge finding the ones for his age. They introduced the program to the school. He was pretty excited about it. Show them the paper. Other people say they cant do stuff, then they prove them wrong. We try not to just focus on historical figures. I know we value their importance, but we try to focus on some of the every day life activities. Getting a haircut. His suit. Better than all the other suits and he has powers. To think spiderman. Yes, i do. On that happy note, im going to sign off for tonight. Thanks for being with me. A special i edition of the situation room with wolf blitzer starts after a quick break. Have a great night. One day well look back and remember the moment that things, for one strange time in our lives, got very quiet. Some lost work and invented new ways to get by. Others were busier than ever, and found strength they never knew they had. We sheltered with the people who matter most, sometimes finding how far apart wed drifted. We worried over loved ones, over money, over our planet. And over takeout. And we found a voice one the noise out there had kept quiet. When the world starts spinning again, lets remember this time where none of us felt secure, and fight for a future where everyone can. Because when the world seems like its standing still. Thats the perfect time for us to change it. Or order subway we ate footlong subs all the time growing up. They ate it so much, dad opened one up in the shed. Whats in the italian b. M. T. . You come here everyday now get a free footlong when you buy two, because its footlong season take the good, with the bad live the life you want to have send it off, with a bang whistling techand your car. , were committed to taking care of you tech well fix it right with nocontact service you can trust. Tech so if you have auto glass damage, stay safe with safelite. Singers safelite repair, safelite replace. This is cnn breaking news. Welcome to our viewers in the United States and around the world. Im wolf blitzer in washington. This is a special edition of the situation room. Im going begin with an escalating battle here in washington and the United States at the same time also approaching a tragic milestone. Up on capitol hill, two republican senators, Susan Collins and Lisa Murkowski have now said that any vote to replace Ruth Bader Ginsburg needs to wait until after the november 3rd president ial election. Demo