Until the voters picked a president in november and let the winning candidate choose a nominee. I urge every senator to take a step back from the brink, take off the blinders of politics for just one critical moment, stand up for the constitution you sco swore to uphold. This is a time to deescalate to put a end to the shattering of precedence that has thrown our nation into chaos under this president. Just because you have the power to do something doesnt absolve you of your responsibility to do right by the American People. At the top of the hour, the president will hold a previously unscheduled press conference up until just about an hour or two ago, all of this coming now just two days before trump and Joe Biden Square off in the first president ial debate of 2020. With just over a month to go before voters head to the polls, the high stakes battle for control of the white house, congress and the u. S. Supreme court all intensifying. We have a team of correspondents covering all of these developments. Lets begin with bidens strong rebuke of president Trumps Supreme Court nomination. Arlette sainz is in cleveland where they will square off tuesday night. Biden honed in on the fate of Americas Health care act, riding on the Supreme Court nomination confirmation. Reporter yes, thats right, fred. Joe biden really trying to turn the Supreme Court vacancy into an issue over health care. This was the first time that he was commenting since President Trump nominated judge andy Coney Barrett to the Supreme Court and what biden has argued is that health care is at stake right now in this election. He once again urged his former Senate Republican colleagues not to vote for judicial Justice Nominee for the Supreme Court until after the next president is selected, and he warned that health care is under siege with President Trump. Take a listen. Never before in our nations history has the Supreme Court justice been nominated and installed while a president ial election is already under way. It defies every precedent, every expectation of a nation where the people, the people are sovereign, and the rule of law reigns. Theres no mystery about whats happening here. President trump is trying to throw out the Affordable Care act and hes been trying to do it for the last four years. Reporter now this is something that youve heard over and over again from biden, trying to reinforce this message that health care is at stake. Just a week after the election, the Supreme Court will hear oral arguments in a case challenging obamacare. President trump earlier today tweeted that if the Supreme Court terminated obamacare, that would be a win and what democrats and biden are hoping for is that this issue of health care will help invigorate voters and have them head to the polls to vote for biden and democrats in order to keep obamacare in place. All of this comes as we are getting just another snapshot of where this race stands nationally right now. A of polls finds that joe biden is leading President Trump by nine points nationally. Now, in a lot of those battleground states where this election will be decided, it is a much narrower race but on the national level, joe biden right now is ahead especially as the Supreme Court fight is playing out. Arlette saenz thanks so much, in cleveland. House Speaker Nancy Pelosi says the president is trying to hurry through barretts confirmation so she can join the court in time for the hearing on the accord football care act. Jessica schneider joins me with more on this. Reporter democrats drilling into this idea that the confirmation of amy Coney Barrett in particular the speedy confirmation of barrett would be detrimental to health care in this country because on november 10th, one week after the election, the Supreme Court will hear arguments on the Affordable Care act, in particular, whether that individual mandate that has been struck down to zero dollars as the penalty for people who dont get insurance, whether that is constitutional or not, and if it is ruled unconstitutional, the entire Affordable Care act should then fall. Back in 2012 that the chief Justice John Roberts sided with the liberals ruling the mandate was a tax and it could stand. Five years after that, before she was on the seventh circuit, amy Coney Barrett wrote in a law review article and said this, she said chief Justice Roberts pushed the Affordable Care act beyond its plausible meaning to save the statute and democrats are pointing at that line that amy Coney Barrett would vote to strike down entire Affordable Care act and house Speaker Nancy Pelosi pointed to the problems and detrimental effects it would have throughout the country. Doesnt matter what the process is here. What matters is what it means personally to the American People. If you have a preexisting medical condition, that benefit will be gone. If you were a woman, well be back to a time being a woman is a preexisting medical condition. If your children are on your policy, your Adult Children on your policy, no longer will they be and that at a time of a pandemic, and if you have seniors in your family who are having longterm care paid for by medicaid, theyre going to be soon moving back home and living with you. Reporter democrats are pushing this message. Meanwhile the Trump Administration thats pushing for the repeal of the Affordable Care act, their argument in the Supreme Court, but fred, its important to note that the arguments are taking place november 10th. However, a decision would likely not come down until the spring or early summer of 2021. Fred . All right, jess is aschneider, thank you so much. We are just 37 days away from election day, and in just over 48 hours, well see President Trump and Joe Biden Square off, when the first president ial debate kicks off in cleveland. Earlier today our Brian Stelter spoke with the cochair of the president ial Debates Commission to find out how viewers will be able to separate fact from fiction when the nominees take the podium. When we choose moderators, we make very clear to them that theres a vast difference between being a moderator in a debate and being a reporter who is interviewing someone. When youre interviewing someone, if they Say Something in direct opposition to something they said a week ago, your duty is to follow up and say wait a minute, you didnt say that a week ago. Thats not the case in a debate. If one of the candidates says something on the page, its the role of the other person in a debate to be the one to raise that and say wait a minute, youre changing the position and so forth, rather than the moderator. Okay, were also learning new details about how the pandemic will make this years debates look different, including no handshakes between the candidates or the moderator. The three men on stage will be socially distanced, but will not wear masks. Joining me is todd graham, debate director at Southern Illinois university. Todd, good to see you. Hey, how is it going . Pretty good. All right, so no handshake, also no opening statements. How might that change kind of the tone, the tenor of this debate . Well, it doesnt change it right away. I think the area where it changes it is in that same article, when they were talking about how its set up. It also means theres no spin room after the debates, and for me, thats the best thing thats happened. Because lately, in the last couple of president ial debating cycles, it wasnt what they said in the debate that matters, but it was how they interpreted it, when they walked off stage into the spin room, and they would say well, mr. President or candidate x, you said this. What did you really mean and they would spin it and so im quite glad about the social distancing. It means two things. It means theres no spin room right after, so it will be harder for the candidates for their surrogates to get online to get on your network, for example, and spin, and the second thing is, frankly, i kind of like the fact that theres more social distancing because in the past, weve seen candidates hover over one another like trump did with Hillary Clinton four years ago and al gore tried to do it to george bush. They cant do that so i think its good. I could elaborate on that further. No spin room but analysis on this network and many others postdebate. So lets talk about the whole issue of Fact Checking, and those concerns. What are the risks that you see, that it will be potentially only the two candidates on stage who will try to hold each other accountable . You just heard theyre, the expectation is its not up to the moderator, but on each other. With all due respect to the commission on president ial debat debates, theyve got this one a little bit wrong. So what we need to do is have Fact Checking before the question. Thats totally legitimate and the way you do that is to put the facts in the question, so you frontload it and say two months ago you said this, yet your policy hasnt been the same. Why has that changed and what can you do about it . Then you let them answer it. You fact check before they give the answer. I think what the commission is trying to avoid getting into an argument back and forth with the moderator. You dont let them go back and forth. Disappointment otherwise, too. Yes, whats the point, right . We can do that with the computer. So what we need to do is have the moderator ask basic followup questions. That was a good point. Can you prove that, sir . Do you have examples before that. Basic stuff, and the other thing is please dont make the candidates fact check each other. Everyone is emailing todd, there should be Fact Checking. My answer is oh, god, no. If joe biden thinks he should fact check donald trump in every answer, hell never get to his own offense. Debate just like any other activity is a game of defense and offense. If joe biden is playing defense by Fact Checking donald trump, then the only advantage is the candidate who lies the most because theyre always on the offense and the other person doesnt get a chance to make and make their own offense why they should be president. The offense is that was a lie and let me say what ill do. Joe biden says there will be preparation, didnt necessarily say there would be mock but we dont know about President Trump, what kind of preparation are there any mock debates hes going through. The moderator, fox news is Chris Wallace. He sent out a framework of some of the things that will be, hell tackle the candidates records, Supreme Court battle, coronavirus pandemic, the economy, race and violence in american cities, the integrity of the election. Where do you think biden will be most strong and perhaps weakest . We have a pandemic going on. Thats where pbiden is the most strong. Compare our solutions what, weve done in this country with virtually every other western country in the world. Were way, way behind. Our solutions are the worst, more deaths and more economic impact, which is why joe biden needs to tie donald trump back to the economy. There will be two debates, two ships passing in the night. Donald trump will be talking about the economy before the pandemic. Joe biden will be talking about the economy after the pandemic. Whoever debates best will be the one who ties the two together. And quickly, do you see where trump might be strongest . Yes, trump is always strongest on humor, so hes got and believe me when i say this, because ive studied humor, humor is important for an audience and important to get them bonding and liking and trumps always had that going for him. That i think hell talk about the economy, a great deal, because before the pandemic, that was his strength. Now to my favorite part, i want to look back at highlights of president ial debates past. I will not make age an issue of this campaign. I am not going to exploit for political purposes my opponents youth and inexperience. [ laughter ] we have a question right here. Yes, how has the National Debt personally affected each of your lives . Hes practicing fuzzy math again. Theres differences. Its not only what your philosophy and whats your position on issues but can you get things done . And i believe i can. In the 1980s, are now calling for the Foreign Policy bank because the cold wars been over for 20 years. I think donald was about to say hes going to solve it by repealing it and getting rid of the Affordable Care act, and im going to fix it, because i agree with you, prem premiums too high, copays, dedubtibles Prescription Drug costs and laid out a series of actions we can take to try to get the costs down. Makes you laugh. Reagan, the humor you were talking about and the hovering. People have learned lessons from what doesnt work. Checking the watch, eye rolling, all that. What do you expect in the body language, how much it will matter and be read tuesday . I dont think the body language is going to be as big a deal, again, because of social distancing. What we have to worry about more is their verbal communication. The two of them like to interrupt quite a bit in debates. The two will probably do a little bit, have some anger displayed, joe biden and donald trump is bad with that. If youre looking for something in the cultural memory, something well know 20, 30 years from now it might be the whole chaos of these debates because the moderators other than Chris Wallace are new. We could see cats and dogs living together, mass hysteria. We dont know whats going to happen in these debates. Oh, boy, chaos just what Everybody Needs right . People are hoping for some clarity. Hopefully. Todd graham, that was fun. Thank you, appreciate it. Thank you. All right, you can watch the first president ial debate between donald trump and joe biden right here on cnn, special live coverage begins tuesday night 7 00 eastern. Coming up in the newsroom a new brush fire burns more than 1,000 acres in the last 24 hours and evacuations are ordered in napa county. Plus, the fight against coronavirus is far from over. Health experts raising red flags about an increase in cases in some states. 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