About it. And all jokes aside, the first public apology from Ellen Degeneres. What shes saying about toxic workplace allegations now that shes back in the studio. She had some things to say. But first, heres todays eye opener. Its your world in 90 seconds. As our nation mourns the loss of ruth bader ginsburg, i will soon announce a nominee for the United StatesSupreme Court. The president told his crowd of supporters that he will name his nominee for the Supreme Court by this weekend. The president said he wants this done very quickly. Before election day. Can it be done . We believe that it can. With a fight over the next Supreme Court justice looming, joe biden tried to keep voters attention focused on the pandemic. The virus was too big for him. He just wasnt up to it. He froze. He failed to act. He panicked. The u. S. Will likely hit 200,000 coronavirus deaths today. Were rounding the corner in any event. But were going to have a vaccine very soon. A great vaccine. Tropical storm beta lashes the gulf coast, unleashing the powerful surge of seawater. Its an emotional and mental toll for a lot of our citizens. The Louisville Police department is under a state of emergency ahead of a major decision involving the deadly shooting of Breonna Taylor. Three nfl coach es fined for failing to wear masks. Each coach fined 100,000. Each franchise 250,000. Raiders win their first game at their new home. The Hand Sanitizer celebration. And all that matters. If ive ever let someone down or hurt their feelings, i am so sorry for that. Ellen degeneres addressing allegations of a toxic Work Environment. If youre watching because you love me, thank you. If youre watching because you dont love me, welcome. On cbs this morning. Another year of record low raethss for the emmy awards down 12 from last year. You watch, i hosted the emmys last night. You did a wonderful job. Thank you. Did you see that lakers game last night . Yeah, i was watch wait a minute. How did you see the lakers game if i was hosting the emmys . Ii tivod the lakers and was watching the emmys. He was multy tasking. Jimmy did do a great job. Competition was very tough. He was a knockout. Knocked it out of the park. Welcome to cbs this morning. Well begin with politics. Specifically, the political fight over the Supreme Court vacancy. Have you heard . And new claims from senate republicans, at least one key senator says they already have enough votes to confirm Justice Ruth Bader ginsburgs replacement before the election, even without knowing who President Trump will nominate. Ginsburg will be honored on friday as the first woman ever to lie in state at the u. S. Capitol. The president will wait until saturday to announce a nominee. According to white house chief of staff mark meadows this morning. Ben tracy is at the white house. Ben, what do we know about the president s decision . Well, good morning. The president says that hes considering five different women but that two are top contenders. And cbs news has learned hes already met with one of them in person. The president is now using this court fight to shift the focus of the campaign from coronavirus to this issue that fires up his base and that he feels helped get him effected in 2016. A lot profits get none. Weve had three. Its blowing their minds. Reporter at yet another packed Campaign Rally in ohio monday night, President Trump teased his Supreme Court pick. Probably saturday we will announce the nominee, and its somebody that youre going to have Great Respect for. Great respect. Thank you. Big stuff. Thats a big thing. You know, they set the course of our country for many years to come. Reporter the president is pushing to get his nominee on the court in the quickest confirmation since Sandra Day Oconnor was appointed in 1981. Id rather see it all take place before the election. So before november 3rd. Are you concerned if you lost the election it would be harder to get the person confirmed . No, i dont think so. I think were going to win. Reporter cbs news learned amy coney bairts, a federal Appeals Court judge and favorite of religious conservatives met with President Trump at the white house monday. Vice president mike pence cold cbs evening news anchor and managing editor Norah Odonnell that the goal is to install antiabortion rights judges at all levels. Are you convinced that judge barrett would overturn roe vs. Wade . What im convinced of is that judge barrett, and the other finalists on the list, will interpret the constitution in a way thats consistent with the great tradition of justice antonin scalia. Campaigning in wisconsin monday, former Vice President joe biden appealed to some of the same working class voters that elected mr. Trump in 2016. The simple truth is donald trump ran for office saying he would represent the forgotten man and woman in this country and then once he got in office, he forgot us. Reporter biden then tried to turn the focus back to the president s handling of coronavirus. He froze. He failed to act. He panicked. And americas paid the worst price of any nation in the world. Reporter the u. S. Is now on the brink of 200,000 coronavirus deaths, but the president gives his response to the pandemic an aplus. He says any criticism is the result of bad Public Relations and fake news. Tony . Ben, thank you. Democrats say theyre not giving up the fight over the Supreme Court appointment, even though only two republican senators have said the vote should wait. As nancy cordes reports, gop leadership is confident they can fill that vacancy quickly. Weve got the votes to confirm a Justice Ginsburg replacement before the election. Reporter senator Lindsey Graham says there will be a vote before november 3rd. Before that, there will be a battle. The American People are about to witness an astonishing parade of misrepresentations about the past. I want the republicans to live up to their word. Reporter that word was the gops claim in 2016 that a Supreme Court nominee should not be confirmed in an election year. So they blocked president obamas pick. Of course, the American People should have a say in the courts direction. Reporter the protests have already started. Democrats fear a more conservative court would overturn the Affordable Care act and roe vs. Wade. The stakes of this vacancy concern no less than the future of fundamental rights for the American People. Reporter democratic vp nominee Kamala Harris could find herself called back to capitol hill in the closing weeks of the campaign. Whoever is elected should be making the decision about who sits on the United StatesSupreme Court. Period. Period. Thats how it should be. Reporter with voting already under way in some states, two republicans want the party to wait. It would take four republicans to block a vote. And last night, Colorados Cory Gardner announced he will vote to confirm a qualified nominee. Graham, who, like gardner, is facing reelection, said republicans would not back down. Theyre not going to intimidate me, Mitch Mcconnell or anybody else. Im getting outraised 3 to 1. If you want to help me fight back go to Lindsey Graham. Kcom. Five or ten bucks from half your audience would fill the gap im facing. Reporter grahams plea for money just moments after cory gardner announced his vote, thousands of dollars of donations began pouring into his competitors campaign. Justice ginsburg will make history this week when the nation honors her in washington. Jan crawford is outside the Supreme Court where that formal farewell begins tomorrow. What events are going to be held . Ive heard theres a lot of really important things going on for her. Yes, its all going to start tomorrow. I mean, right now, youd never believe it. Its just almost strange here because its just so quiet. Like this calm before the storm of a confirmation battle that we all know is coming. But tomorrow and then thursday, the court will begin to memorialize her and members of the public can come and pay their respects. Justice ginsburg is going to lie in repose tomorrow and thursday at the top of the steps here at the Supreme Court after a private Service Inside the courtroom for her family, close friends, the justices, and their spouses. Her casket is going to arrive here at the court just before 9 30 in the morning and take it into the building by Supreme Court police officers. Theyll be greeted by some of her former law clerks who will be serving as honorary pallbearers. And shell lie in repose underneath the portico at the top of the steps until 10 00 on thursday night. On friday, Justice Ginsburg is going to lie in state at the u. S. Capitol which, for a woman who was so often the first, is also going to be a first. Shes going to be the first woman to lie in state inside the National Statuary hall. There will be a private Internment Service next week at arlington maemorial ceremony where shell be buried alongside her husband of 56 years, marty. Ive heard so much about the marriage they had. Shes the first woman to ever lie in state at the capitol. Lets just think about that for a second. Number one, sorry that its taken so long, but if you have to be a first, its so fitting that it would be she. You covered her for many years. What does this moment mean when you think about her legacy . You know, its hard to even put it into words, gayle. Because i think ive never covered anything like it in the 26 years that ive covered the court. I think we have to look back years when you see, you know, a battle to replace a pioneering, trailblazing figure who led a life committed to equality for all. This is really a unique moment, i think, in our nations history. Not only for her legacy and what she meant to the country, but for what the country is now about to go through with the battle over her successor. All right, jan. Were all watching. More to come. Thank you very much. This morning, thousands of flags cover the National Mall in washington honoring the nearly 200,000 americans killed by the coronavirus. This image stands in stark contrast with President Trumps comment last night saying the virus affects, in his words, virtually nobody. Our lead National CorrespondentDavid Begnaud has spent months speaking to americans paying the price in this pandemic. David, good morning. Good morning. I was thinking before we came on the air, whats one thing that just about every family has told us, and it is this. Take this seriously. This morning i want to introduce you to recorda. He lives in arizona. Hes lost nine members of his fam three coronavirus. He also lost his job in the catering business. And as hes trying to find where the family is going to get their next paycheck, his wife is about to deliver a baby. Most people dont think its real until it comes knocking on their door. Reporter the feeling of loss associated with coronavirus just will not go away for ricardo aguirre. He spoke to us just hours before attended a rosary for his father, Jose De Jesus aguirre sanchez. He died on september 11th after a fourmonth battle with coronavirus. You know how he contracted the virus . No, i do not. All i know is that my mother is the one that started having the symptoms first. And from there it was my dad, myself, my wife, my two kids and then my brother. Over the last seven days, the average rate of new Coronavirus Infections nationwide increased to roughly 40,000 every day. And on friday, the cdc published a significant change to its guidance on how the virus spreads. It said that in addition to spreading through respiratory droplets produced when an infected person sneezes or coughs, another main way the virus can spread is through aerosols. Small airborne particles produced by talking, breathing or even singing. It also said the virus can travel further than six feet through the air. Particularly in indoor environments like restaurants. But on monday, the cdc scrubbed that guidance from its website saying it was a draft that was posted by mistake. Many of us read the draft that was up and thought, wow, they finally get it. This is really good information. This is what is supported by the body of science information out there. Dr. Michael osterholm is an Infectious Disease expert at the university of minnesota. He says that flipflop yet again by the cdc is hurting the agencys credibility at the worst possible time. If they had just left it up, you would have found many of the leading scientists outside of cdc congratulating them for an outstanding job. Instead, they now are drawing the fire of incompetency again. We got an email from the cdc explaining what happened. The spokesperson told us the bottom line is aerosol transmission is possible, but its not the main way the coronavirus spreads. Look, dr. Osterholm and the other experts say the cdc has got to get it right, and theyve got to do it consistently. One thing theyve all been consistent othe cdc and the leading experts is that masks work, and we should wear them. Tony . David, thank you very much. Lets get more on that wavering guidance from the cdc by talking to our david agus who joins us now. Good morning to you. So the cdc was already saying that the virus spreads easily and rapidly between people, but it was focused on the droplets that hang in the air as opposed to the aerosols which float for hours. How big is that distinction . You know, the droplets are within six feet. When you and i speak, droplets come out and thats the dominant mode of transmission of the virus, period. That being said, aerosols, the virus can float in the air and Linger Longer and further. That may be a mode of transmission. Its not the dominant mode but it may be a mode of transmission. We just dont know. What you are seeing is the sausage being made for the first time in front of the american public. Right . We are learning the science as we go, and this is new. We normally know the science because viruses have been around for a long time. As other diseases. But here were learning as we go. Do you think the cdc, given the challenges its had recently, with maintaining public trust should have kept the guidance up . We heard dr. Osterholm from the university of minnesota say this is good science. It was fine. Why not publish it . You know, whats interesting is that science going up on a website and then literally a day or two later somebody finding that and putting that into the media, i think its the wrong way to go. I think there needs to be a conversation whenever theres a change. Explain it in detail because there are a lot of policy implications for changing that guidance. And so i think that we deserve a conversation. We deserve an explanation. What are the data and why. Not just the change on a website. How would our lives change if this guidance became the new rule at the cdc, that this was a virus spreading through aerosolized particles . Well, it would change how we isolate patients in a hospital, for example. They would need specialized rooms that have specialized ventilation which we dont have that many of them in the country. It would change some of the requirements for opening schools, restaurants, indoor places to require certain ventilation requirements that are now not always there in many of these establishments. So this is a big policy change if it goes through. I think discussion needs to happen. All right. So but for the moment were thinking droplets and six feet, no more, and we await further word from the cdc. Dr. Agus, thank you. And were thinking masks. Masks, of course. And they block aerosols. They block everything. Goes without saying. Thank you, dr. Agus. But it seems like youve got to say it. It really makes a difference. Tropical storm beta made landfall overnight in Southeast Texas bringing heavy rain and wind. This is the ninth named storm to hit the u. S. This year. Tying a record from 1916. Betas eye made landfall near port oconnor with winds of 45 miles an hour. Storm surge flooded homes and businesses along the texas gulf coast. Thats south of houston. Betas biggest threat is flash flooding. Its already dumped more than a foot of rain and several more inches are expected there. It will move out of texas some time tomorrow on its way to louisiana and mississippi. Ahead, the important decision coming in the Police Killing of Breonna Taylor. Why a louisville officials have declared a state of emergency to prepare for it cubanamerican much more news ahead. Ellen degeneres talks directly to her viewers about the reported toxic Work Environment at her talk show. The challenge she face at the start of the new season. And the latest cbs news poll shows President Trump gaining ground in florida. We asked some of the voters what they are looking for in the biggest battlegr