Elections and they believe they have the supports necessary if the judge confirmed if she is selected barrett would solidify the conservative tilt of americas highest court. E. U. Foreign ministers meeting in luxembourg have agreed to impose sanctions on russia for the poisoning of kremlin critic alexina bundy the german french proposal targets individual suspects is being involved. This is news from berlin follow us on twitter and on instagram news or visit our website w dot com. For. All. Her name is amy coney bear in just 3 weeks she could be the new judge on the u. S. Supreme court she could determine the future of Affordable Health care and if the president ial election result is contested she could very well decide who the u. S. President will be immediate and incredible power but at what price the credibility of americas highest court is on the line can the court withstand the pull of partisan politics tonight the jury is still out im bored off in berlin this is the day. I. Want to hold is here i believe we should not be moving forward on this nomination a lot of people on our side just ran it through not until the election is ended i would like the world in this country to know more about judge where this is a vacancy this occurred to her tragic loss to the great woman and were going to build it i can see it with another group the stakes are extraordinarily high for the American People theres nothing unconstitutional about this process. Also coming up corona virus infections are rising across europe but nowhere is the surge as great as in spain and the people say they know who is to blame to not get him or do not want to experience that again the government has to do its homework and must keep its promises and more personnel. Thats who our viewers watching on p. B. S. In the United States and to all of you around the world welcome we begin the day watching americas politicians trying to hold court today Senate Hearings of the contentious kind got under way for Amy Coney Barrett the woman President Trump has nominated for the Supreme Court if confirmed barrett would tip the scales of the court in favor of the conservatives now to those who would like to see the court overturned major decisions of the past such as the right to an abortion barrett is the holy grail to those who since decades of social progress such as same sex marriage being eroded where they say barrett is a holy nightmare but bear it goes beyond the usual parameters of partisan politics President Trump says he wants her on the court by election day next month the implication here is obvious and its troubling if trump loses the election but refuses to accept the results and if the Supreme Court is asked to decide would barrett come down in favor of President Trump which day the battle lines were drawn 1st thing take a listen. The bottom line is Justice Ginsburg when asked about this several years ago said that a present serves 4 years not 3 theres nothing unconstitutional about this process this is a vacancy that is occurred through a tragic loss of a great woman and were going to fill that vacancy with another great moment when Justice Scalia died in february of 216 Senate Republicans refused to consider a replacement for his seat until after the election at the time senator mcconnell said the American People should have a voice in the selection of their next Supreme Court justice. Well if approved amy kone berridge would be President Trumps 3rd Supreme Court appointment in 3 years his presidency has already seen the appointments of neil gorsuch and brett kavanaugh. At 48 to judge amy coming back to could shape the Supreme Court for many decades to come 3 years ago trump appointed the staunch conservative to the federal court of appeals in chicago she has indicated support for gun rights trumps immigration policies and restrictions on abortion and al g. B. T. Rights group called her quote an absolute threat feminists fear she may move to restrict abortion rights in 2013 as a professor at the university of notre dame she was quoted as saying life begins at conception Senate Democrats grilled her on her religious views during the 27000 Appeals Court confirmation hearings and into california senator Dianne Feinstein was even accused of anticatholic bigotry i think your case professor. When you read your speeches. The conclusion one draws is that the dogma lives loudly within you barrett has said repeatedly that her faith would not interfere with her judicial decisions if barrett is confirmed to be for election day on november 3rd one of the 1st cases in front of her will be about the fate of the Affordable Care act known as obamacare trump wants to invalidate the law which provides health care to millions of americans. Would today judge barrett deliberate her 1st statements in the u. S. Senate and she outlined the role of the courts in her legal opinion but courts are not designed to solve every problem are right every wrong in our public life the policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people the public should not expect courts to do so and courts should not try but my 1st guest tonight predicted the predicament of todays u. S. Supreme court years ago in his 2010 books the decline and fall of the American RepublicBruce Ackerman writes that the u. S. Presidency in the 21st century will be one of demagoguery and with that will test checks and balances in government and that includes Supreme Court nominations resume and is a law professor at yale and is one of americas authorities in constitutional law he joins me tonight from new haven connecticut mr ackerman its good to have you on the day is President Trump is he the demagogue president and with his nomination of judge amy barrett is he doing what a demagogue president does yes. Ok thats thats the thats the long answer that our best allies answer there. Answer is yes and hell should how should Congress Since were talking about 6 a balance is how should Congress Deal with that well you see i mean i think that the important thing to recognize is that congress isnt some kind of unitary thing. The real question right now is the republican senators who are looking in their crystal ball some of them are going to run for reelection in 3 weeks and in about 5 or 6 of them are in very close races. What happens do they really want to vote for this nomination before they know whether what happens in november if they vote for judge byrd. They will alienate. Many conservative. Will educate and professional women who will either not voted all or vote for the competitor and so if they make it clear that they dont want to vote then the majority leader of the senate would be able to do it do you think there could still happen though yes. Yes moreover theres a whole group of senators who will be in 2022 in 2024 and they wont know they they dont know whether trump is going to win or not and they will therefore. Be very cautious because if they vote for trump and he loses this will be understood as a. And then just bear gets if that audition gets that gets on the Supreme Court this will be understood as a humiliating moment in the history of the constitution of the United States so. My question my point is not to tell you that you or the senate what they should do but to inform your witnesses that think that its more complicated that if it appears if you ask me yes they probably will appoint judge barrett but it is by no means as clear as every want to say right now the president has implied that he wants barrett on the court by election day in november in case he contests the Election Results now if that does happen witten Justice Barrett wouldnt she have to recuse herself or could she actually sit in judgment should be the next u. S. President. The president doesnt surprise me unsurprisingly doesnt know the law the law is that. The Supreme Court will not. Intervene in determining who the next president is going to be rather this decision will be made and this is the constitution is very explicit about this the constitution has 600. 00 words out of lets say depends on how you count 3000 which was devoted explicitly to how the president should be selected and the constitution explicitly says that the president and Vice President shall be selected as their 1st act by the joint session of congress that meets on january of this year 5th or 6th and this session will be presided over by of all people mike pence. And mike pence is the presiding officer and. He will open the ballots this im quoting the constitution and the 12th amendment which revives it and and then the each member of each. Members of the house will vote in a special decision rule unique in american in the american practice in which each state delegation the 53. 00 delegates of california and the one house member from. Population state has equal delegates. So there is the need 20. Shish delicate delegations. To select the president of the United States. And thats going to be the crucial moment of truth because there may not be 26 republican. Delegations or they may be. Actually what do you think that the president do you think hes expecting there to be a repeat of what we saw happen there in 2000 with george bush and al gore isnt he planing on that happening where the Supreme Court does decide. Well you see i was representative of al gore her. Theory i was his representative in that in before the Florida State legislature the. It is quite correct to say that the Supreme Court intervened before january 4th in that case but in our case today there are going to be shipped or 7 states that are closely contested contested it is really john roberts will do his utmost to prevent a repeat of bush against gore except the court would have to intervene in 6 or 7 different states and find facts and make decisions in blinding stime you know this is you know if i dont think it at all i happen to also be quoted with john roberts he is a rule wall conservative a serious jurist i disagree with him on a lot of things but not that hes a serious jurist and he and it is and in this particular he will persuade his colleagues now if truck were to win. By manipulation or something of this kind in the joint session of my view with pence making all the contestable rulings and predictably on the side of trump. If. Trump does win then we will see a devastating transformation john roberts will lose control of his court which. We have 5 really strong conservatives with disparate being extraordinarily. You know radical conservative. Really let me ask you before we run out of time here are just for the delay we were talking olds in each other here i said at the beginning of the program that the legitimacy and the credibility of the Supreme Court are now on the line do you think that that that statement is true either way with a reelected President Trump or with a newly elected president by the if trump winge our democracy is in crisis it isnt only the Supreme Court our entire democracy will be invited maher. 1931 ok. No mistake about that but if biden winge and the. Very strong conservative court appreciates to us soldiers womens rights as they surely will but even more they will assault the foundations of health care in this country and end the regulatory apparatus and environment and other things this will precipitate a crisis that is comparable to the Court Packing crisis of 1937 and. So is the there is no question that. That if biden witnessed the Supreme Court members will have to really think do they want to provoke a foundational crisis of the republic of iraq which will no telling them no no no if. A dont know whether any longer control the his colleagues over we definitely will come back to you mr ackerman when we get closer to election day and after the election as well to see what happens professor ackerman we appreciate your time and your insights tonight thank you. And here in europe the summer of low corona virus infections is over all of them is here and the virus well its proving that it never left more European Countries or reimposing coronavirus restrictions as the continent grapples with rising infection rates space is the hardest hit country with 860000 cases the spanish Central Government has declared a state of emergency in the capital madrid doctors there say that they are preparing for the worst. The lineups continue to get longer in front of moderates health care centers. The workday should already be over for dr mano garo but shes making time for a quick interview outside her clinic the authorities have banned doctors from talking to the media however she wont be silenced and she remembers only too well the disastrous weeks back in march when moderates Health Care System collapsed. Did not get him or do not want to experience that again the government has to do its homework and must keep its promises and more personnel thats the only way well be able to master the situation and protect the population. The number of those testing positive in madrid has been increasing dramatically for weeks but instead of dealing with it the conservative Regional Government got in broiled in a dispute with spains Ruling Center left government. Epidemiologist trend under gothia together with 600. 00 Health Care Experts released a report accusing Decision Makers of not having learned from whats happened in recent months. That actions are simply negligent and they arent intervening the pandemic has worsened again since the end of july and they are apparently hoping that the problem will go away by itself. After 1st declining to deal with the accusations that the brits deputy minister of health is ready to state his case despite about 10000 people having died so far from the disease in the spanish capital he sees no reason to be selfcritical. So were not magic it is a safe city it has a fantastic Health Care System we already saw that in spring and considering all measures taken we certainly should not disregard the possible social economic consequences for citizens in the last friday the Central Government final. He imposed a temporary state of emergency in my view it effectively over powering their Regional Government since then stricter rules have been imposed again local its only allowed to leave the city in exceptional cases the virus would be less destructive if our politicians actually did that job its a sentence that you hear more and more on the streets off now that its people are increasingly tired of a political system in which power games seem more important than pragmatic Crisis Management and they hardly see any sign of improvement. Dr on mon overall it isnt done yet she takes a short coffee break 3 hours after her shift was supposed to end and will then it tends to more patients shes worried that the coming days will even be longer for her and her colleagues. I want to bring in now raphael mindor hes the madrid correspondent for the New York Times he joins us tonight from the spanish capital feels good to have you on the program spain we understand has been marking its National Day Holiday today what were those celebrations what well they were very natured in past years you would have had a big military greet and certainly many more people out on the streets this year you had a new social media rate you had just a very small gathering of political leaders. This morning and what you need instead was what was essentially a crude test a coppery. Led by or encouraged by the all right books 92 crew test the latest state of emergency measures and he says yes the government the Central Government to resign or the. On friday the National Government imposed a walk down on the capital against the wishes of the Regional Government why is it that spanish politicians cant agree on a strategy during what is obviously a National PublicHealth Emergency but i think you have to go back to the fact that just as spain have not been agreeing on very much for many years we can now run a long list of other things on which they have leverage and i think year 2 will suit keep in mind in what kind of political situations got into this Coronavirus Crisis generally was the coming into office of complete limbo year 2 elections of the new mine riki left wing government and in 2 months up to date it was facing endemic it probably was one of the weakest governments and one of the most controversial ones in the sense that the opposition was already calling for the government to to resign even before it came into office so i think spain unfortunately the country started off from a very very fragile position in terms of its politics and the crisis has made things any worse all the divisions that were there before rather than getting a bit of a deeper yet especially in madrid infection rates in madrid are double the rest of the country why has it hit the capital so hawt. Its a difficult one because its the same scenario we had in the spring one small madrid is basically accounting for about one 3rd of the National Numbers both in terms of cases and casualties number dead i think. We have to take into account that. Its one of the it is the biggest city it has alongside barcelona dear in the big Subway Network its also a city that attracts well as one of the arguments that is the gateway to spain so the fact that spain has basically not been testing people on arrival at madrid apple probably hasnt helped and i think also its fair to cedars its a very densely populated city specially in some of its. Outer areas in the suburbs. Its its just hard to explain exactly why i did differences mr sharon but it makes sense you know in big cities there are more people moving around more people than we transform whats the situation in the hospitals in madrid i remember when we had had the 1st spike or surge back in march and april we talked a lot about the number of Health Care Workers who were infected and who died. Thats right i think one plus. In this new wave is that Healthcare System is better prepared. In the 1st wave essentially doctors were sent to the hospitals without even basic protective gear and that brought some of the worst infection numbers anywhere in terms of the health care stuff this time around of course they have had time and they have gloves they have protection gear but i would say that more rubble is down from last time because theyve already given a lot to fight the 1st wave from much to do i think its a its a mixed picture but in terms of help wrist doctors and nurses i think its and its down from what it was back in april but you still get looking at it from the outside you get the impression though that spain has maybe not more in the lessons that it should have learned from back in april when you can pair it to italy for example which is fairing much better now is that it is that a Fair Assessment. I think right now its a Fair Assessment because thats what the numbers tell us but we see that the numbers in all countries in europe shift very quickly so you know what were seeing too tonight my not hauled in in 2 weeks time but i do think one thing that is fair to say is that spain was desperate to get a good summer a good economic summer its a tourism country and it felt they needed a rebound in the summer if it was going to survive economically so getting out of the. First wave was done as quick as possible in the case of madrid actually was fast tracked the german the last days of what was supposed to choose to be. Moving out of the lockdown and and now were seeing them seeing spain paid a price for this against a certain extent they did their best to have a good summer and it didnt have it right here mentor for joining us tonight from madrid rafia we appreciate your reporting tonight thank you thank you the day is almost done the conversation continues online you find us on twitter in 30 w new she can follow me important golf t. V. And remember whatever happens between now and then tomorrow is another day well see you then everybody. Im going. To. Find a lot of communist east germany was a clear. Chance to move. On to don. The muslim wait im going to make the Biggest Issue from professional in the soon to be man in germany. Thank. Confrontation between china and taiwan the superpower is threatening to invade its neighbor. How serious is it how is china justifying its claims. The ws Richard Walker analyzes the causes and dangers of the conflict in taiwan chinas next target comes up. In 60 minutes on d w. Every 2 seconds a person is forced to flee their home. The consequences have been to some asterisks. Our documentary series displaced depicts traumatic humanitarian crises around the world. Fuck up and we dont get out of it i didnt go to university to kill people and i think that a 1000000. People feel for their lives and their future so they seek refuge abroad but what will become of those who stay behind. This place starts october 16th on g. W. Done is this the posse it and ive got no critics in. This. Case. Once thats established that weve got this analysis that were going to this. Is not like a semi is it up oil