Fighting fight now erupting in washington. In his pointed remarks biden now going after Senate Republicans by name calling them out for their hypocrisy as they rush to name a replacement for the late Justice Ruth Bader ginsburg before the election. Jam this nomination through the senate is just 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 after the American People select their next president. Their next congress, their next senate. Bidens speech coming as the country nears a devastating milestone nearing 200,000 people who have died from coronavirus. Our correspondents are standing by with the very latest on all of these developments. Lets begin with jessica dean in philadelphia where joe biden just wrapped up the remarks. We heard biden mentioning the pandemic as another reason why he believes a justice shouldnt be rushed before the election. Reporter right, fred. Really tying that to health care and the Affordable Care act. Theres a lawsuit before the Supreme Court and joe biden saying, look, there are big implications here coming to health care and prexsting conditions and we are middle of a historic pandemic, nearly 200,000 people dead. This is not the time in his opinion to be trying to dismantle the Affordable Care act and wants to strengthen it ian to ensure that people with preexisting conditions are able to be covered and said that time and time again both on the road and also here today. He also called out to Senate Republicans. Remember, joe biden was a member of the senate for decades. It is a very important to remember that as you think about who he is as a politician and how he operates. He really believes in finding common ground. In bipartisanship. He really spoke out calling Senate Republicans to in his words follow the constitution, to do the right thing, to listen their conscience and wait for the election to be over. He reminded everyone that back in 2016 Senate Republicans did not want to take up a vote on president obamas nominee for the Supreme Court because it was an Election Year and that was months before voting and joe biden saying voting is happening. I was in minnesota on friday. It is already happening there inperson voting and joe biden saying thats a bell that cannot be unrung and that the American People should choose the president and the president to choose the next Supreme Court justice. We expect to hear more about the health care point, how Important Health care is why thats going to be such a defining issue. In 2018 House Democrats retook the house, that was their message and it worked well for them. The Biden Campaign really believing thats a strong message for them here in 2020. Maerking a strong correlation of the coronavirus and the Affordable Health care act and preexisting conditions that preexisting conditions of tomorrow may be related to Coronavirus Infections today. Jessica dean, thank you so much. Lets go to come hill. Lauren fox there. Two key senators now joining democrats partially shall we say, though, right . Reporter exactly. Two important lawmakers to keep an eye on senator Susan Collins, a republican up for reelection in maine and Lisa Murkowski, a republican from the state of alaska, said they wont support moving ahead with President Trumps nominee ahead of the election. The two statements different. Collins making it clear whoever wins november 3rd should get to select the next nominee for the Supreme Court. Thats important because basically saying if trump loses then they should wait and not confirm anyone in the lame duck session. Senator murkowski did not say that the person on november 3rd election gets to select the nominee. An important distinction there perhaps because one of the members is up for reelection. The other, murkowski, is not. It was important to remember thats two republican members. In order to block this nomination democrats will need to convince two more republicans who those individuals are, we have a couple of guesses for folks that might be thinking more seriously about whether or not to side with mcconnell or say that this is not appropriate right now before this election and thats mitt romney from utah, someone that voted with democrats on one of those counts on impeachment. The other person were watching very closely is senator lamar alexander, a republican from tennessee whos retiring, a student of the senate and cares ablt about this place as an institution and close with mcconnell and not crossed him with Important Party vote so those are a couple characters to watch but a reminder of how fast this is moving, you know that mcconnell is having conversations with his members and meet in person this week coming up, a first opportunity lawmakers have to sit in a room and hash this out and important when mcconnell makes decisions about timing here. A lot to consider there. Lauren fox, thank you so much on capitol hill. So President Trump says he will name a replacement for Justice Ginsburg this week and promising to name a woman. Just hours after ginsburgs death announced, President Trump made it clear at a rally in North Carolina that he is going to use the open seat as a Major Campaign issue. So article ii of our constitution says the President Shall nominate justices of the Supreme Court. I dont think it can be anymore clear, can it . I dont think so. I will be putting forth a nominee next week, it will be a woman. For more on this, bring in john harwood at the white house. John, you know, we saw the president change the tone a little bit because he seemed genuinely shocked, you know, taken aback and he was very conservative with his words, he was fired up just 24 hours later. Reporter he is reaching for something to jumpstart the president ial campaign, losing to joe biden nationally and in the battleground states. This is a different topic to talk about and you heard that certain elements of the base have very fired up about that possibility but we know about what the president s going to do as you indicated in the toz tss that hes going to move quickly, probably next week, plans to pick a woman for the job. The most often mentioned is amy coney barrett, an Appeals Court judge from the midwest. Conservative catholic. Young. So she can serve for decades on the bench. That is a prime prospect. A runner up to Brett Kavanaugh for the last pick. You have joan larson. Midwest is a crucial battleground in the election. That would be an argument in her favor. Barbara lagoa in the state of florida, cuban americans are a very important voting bloc for the president. But of course, whoever he picks it is in the hands of mitch mcconnell, hes been effective for the party. He inhavented a rationale in 2016 for denying president obamas nominee for a vote saying you cant do it in an Election Year and now saying that rationale only applies if the president and the senate are controlled by different parties. You heard that echoed by mark short with jake tapper this morning. I reject the notion as hypocrisy. Precedent is when the president nominee going back to George Washington the party confirm the nominees so i dont think theres hypocrisy. Again the people of america elected President Trump in 2016 because he said heres who i would nominate. Reporter so as we heard from lauren a few minutes, ago, collins and murkowski propose to withhold the votes until after the election. Dont know what they would do in a postelection lame duck kind of vote but the help for democrats more likely than mitt romney and Chuck Grassley is that the American People make their views known in the campaign or on election day so that they dont get it done by election day and joe biden has a victory then it is more difficult for republicans to hold the line, fred . Thank you so much for that from the white house. With me now to talk more about the life and times of Justice Ginsburg is cnn Supreme Court analyst joan biskubik. You are learning inside perspective of joe bidens speech he just delivered pertaining to the Supreme Court. Thank you, fred. I dnsaw a man who had run the Senate Judiciary commit tee many years reaching back to bork, Clarence Thomas and he was speaking to his fellow senators at the same time hes speaking to the public. Hes obviously trying to Energize Voters on the Affordable Care act, health care, the need for coverage of preexisting conditions but a plea as a former senator and a former Senate JudiciaryCommittee Chairman saying please hold off and wait on whatever nomination President Trump puts forward. Hes only got two ways to within here and thats public pressure on health care, abortion rights, religious liberty but an inside game to work for one or two more senators, two or three to pick up, and you know, as i said i really saw him speaking not just as a candidate but hes done on nominations and the criticism of the list of President Trump beginning in may of 2016 and renewed last week. I have to say former Vice President biden makes a very good point about what happens when you put someone on this list. You know . I have observed this from potential nominees that donald trump has put on. Those individuals immediately, you know, pull their punches, they write differently. They either try to avoid controversy because they know theyre being watched or they try to frankly audition for to get on the list. Yeah. I thought that was very power. So intuitive of you to note that he was speaking to his fellow senators given hes done that before but then also trying to educate voters on this is why president ial candidates have never put out a list, because of that kind of influence that would happen on the bench before being nominated and then, joan, we also know, you know, of raptorss final wishes that she conveyed to her granddaughter, even joe biden made notation of that. And hes actually impressing upon the fellow former senators, right . To honor her wishes. You know, thats right. One thing about Ruth Bader Ginsburg having watched him from 1993 when she was first apointed, i was in the rose garden when president clinton was hailing her, is that she has become a more she had become she became a more outspoken justice in terms of civil rights and liberalism through the years and doesnt surprise me that she would leave that message but she became much more of a public figure and had some things to say and came with age and confidence of wanting to leave a mark not just in the law but, you know, shaping the future. She knew she was taking a risk not retiring sooner but expected to possibly retire under the administration of Hillary Clinton after the 2016 election. And she obviously held on as long as she could but i think that what she wanted to put out was the sense that she would really like her successor to be more in the vein of her approach to the law and equality than what President Trump will putt forward. Fred . Her tenacity and endurance and another former clerk who felt just like you did a moment ago, kind of correcting themselves to speak in past tense. It is. Under. Joan biskupic, thank you. Thank you, fred. Mourners continue to flock to the steps of the u. S. Supreme court to pay respects. A makeshift memorial, it is remarkable and vigils have been taking place around the clock since news of her death announced on friday. Suzanne malveaux has been there from the start and reflecting on her own encounter and moment with the late justice. Sew suzanne . Reporter thousands of people have been gathering here and they just keep coming. It is the most beautiful mosaic, a canvas if you will, in front of the marble steps, chalk drawings and flowers and handwritten letters and cards and balloons and a man on horseback blowing a rams horn for a shout out to the justice as well as many other expressions of recognition and a call to action. Some of these chalk drawings they say rest in powerful. Well take it from here. Turn your fear into fuel. You have seen the various expressions, kids just bringing teddy bears or childrens books, there was a Birth Control tablet out and many carved pumpkins as well as personal letters out here in front of the steps of the Supreme Court. I have had a chance to talk to many, many people and there is a common theme here. It is about rercognizing this justice and the next step, a fight ahead. Just take a listen. I mean, this is she is revolutionary for human rights and especially for women rights and she was a per fektd role model for everybody, all the moirn moir minorities. It is an inspiration to be here. It is important to me that my daughters understand the impact that Justice Ruth Bader ginsburg made on women across the country and the country itself and i wanted them to have an opportunity to remember this for years to come. Yeah. I have a lot of books about her. She was a hero without a cape. But a robe. Found her as a hero and how she womens rights and everyone found found her a heroine and so do i. Reporter fred, you heard that little girl saying this is a superhero that was wearing a robe and not necessarily a cape. I had a chance to talk to a lot of young people, a young activist with his younger brother and said he didnt know much about ginsburg. He was here to teach him about the connection of black lives matter and equality and what she stood for. You will hear in the background, fred, a soundtrack of unity songs playing all day here, a celebration and a call to action to so many people who will continue to come in the days ahead. So nice to hear from the young people with their perspective. I mentioned yesterday that just that growing memorial, that tribute just remind me of the beginning stages of Buckingham Palace after the death of lady diana and in this case its a celebration of this true american superhero. Suzanne malveaux, thank you so much. Well be right back. The u. S. Is nearing 200,000 coronavirus deaths. And right now more than a dozen states includeling florida and georgia registering new daily records of coronavirus cases and almost 30 states are seeing an uptick. With me now is dr. Esther chu at Oregon Health and science university. Good the see you, doctor. So, as we hit this, you know, or approach this horrible milestone, what are your thoughts . Yeah. It just shows that we cannot relax. I think theres a tendency to think once we have the first round of cases and then see a redurr reduction theres a feeling that we are over it. We have to have a sustained effort and it is difficult to think that. Its difficult not to take some shortterm wins and feel like we can relax and reclaim normality but of course with colleges reopening, and people just feeling relaxed over the labor day weekend, we were bound to see a resurgence and we have. We cant drop our individual le folks relax and then theres a surge. Were seeing case numbers surge also in europe and british officials specifically warn just today that a new National Lockdown may be needed there. Is it your view that its too late for the u. S. To have lockdowns . No. Its not too late and i think we need to be really responsive to the numbers. Also make sure that we have adequate testing. And that we remain really nimble in the response. I think we did after a lockdown in the spring we did earn some relaxation in many areas depending on testing rates but as we see in europe you just cannot assume that your status at any one time is going to be a status the next month. I think we need to be really aggressive on testing and on Contact Tracing and once theres an uptick in the community we need to pull back to some level of containment that can mean lockdowns dperndi lockdowns depending on each community. President trump promising 100 million doses of a vaccine this year and then enough for all americans by april but his advisers say thats not credible. Even a few million doses in november or december, 5 or 10 of the population that we can vaccinate, we get 80 of the benefit. For example, if we could vaccinate workers in nursing homes, we could protect the elderly and the vul from disease, that would make an enormous impact on mortality, to vac sit nate the teachers and those with preexisting conditions or those surrounding those people. Do you agree with that math . Well, first of all, i mean, i agree with the idea that we need to have a strategy that targets our hotspots and the places of a ton of spread, nursing homes. But to be clear saying tar getting people with prexstiexis, more than a quarter of americans have a condition or age and that level of vaccine we wont have and is not on a political timeline and will not come in when its convenient for the election cycle or any politicians, but on a scientific timeline and the scientific timeline for having the phase three evidence we need to move forward confidently is not going to be by the end of year. Good to see you. Thank you so much. Thank you, fred. Next, back to our breaking news. Two republican senators say they oppo oppose taking up a Supreme Court nomination before the president ial election. If two more republicans join them then Mitch Mcconnells hands are tied. Are they . If so, for how long . Well discuss next. Switch and get two new lines of unlimited for only 90 and 2 iphone 11 pros on us. Only at tmobile. Is now even more powerful. The stronger, lastslonger energizer max. The stronger, lastslonger he used to have gum problems. Now, he uses therabreath healthy gums oral rinse with clinicallyproven ingredients and his gum problems have vanished. crowd applauding therabreath, its a better mouthwash. At walmart, target and other fine stores. Unlike ordinary memory itwansupplements. Ter . Neuriva has clinically proven ingredients that fuel 5 indicators of brain performance. Memory. Focus. Accuracy. Learning and concentration. Try it today with our moneyback guarantee tech when youve got. Safelite can come to you. Tech and youll get a text when were on our way. Tech just leave your keys on the dash and well replace your windshield with safe, nocontact service. Tech schedule at safelite. Com. Singers safelite repair, safelite replace. Xfinity is your home for the return of live sports. The passing of the iconic Supreme CourtJustice Ruth Bader ginsburg has ignited a political firestorm in washington over who will replace her. President trump saying he intends to fill the seat with a female justice. Senate majority leader mcconnell vowing to bring whomever the president brings to the floor. The democrats said they previously opposed Election Year nominations. I want to talk through all of this with tim naftali and Meredith Mcgraw is White House Reporter for politico. Good to see you both. Thank you. Meredith, it is Something Else that two senators say that they do not want to see a vote before election. But what really would make a difference or what could impact the road ahead is what happens in that lame duck session. Well, we are really about to see a historic and heated battle play out on capitol hill. As you mentioned we have already heard from two republican senators, senator murkowski of mcmcand senator collins of maine who said that a vote should take place after the election and democrats need to have four votes from republicans, four defections in order to block any nominee that the president puts forward but Senate Majority lead leader mcconnell said hell plow ahead with this before the election and meeting with conference in the coming days to see whether or not theyll have the votes to put this forward but hanging over all of this from the democrats is what happened in 2016 when Senate Republicans blocked president obamas nomination of Merrick Garland from moving forward and theyre going to be hanging that over republicans as we move forward with this. Still unclear if thats going to be, you know, anything big enough to make a difference among many republicans. Tim, this firestorm that we are seeing, you know, over this potential lame duck session particularly really has a long history, does it not, going back to Thomas Jefferson . Yes. The partisan nature of some judicial appointments has been clear from the very beginning. When two major parties formed in the early republic our first ideological transition but in 1801 when Thomas Jefferson defeated john adams, the jefferson republicans defeat the federalists. The federalists were very nervous about what jefferson would do to washington and so they created a whole Circuit Court system and packed the system full of federalist judges weeks before the end of john adams term. In those days the inauguration was in march. This was remarkable, the very first ideological transition involved the very first packing of courts. So from 1801 to the present, there have been moments when the court has become a very become a focal point in the Election Year and this is not the first time and 2016 wasnt the first time. It is always a question of power. In 2016, republicans created a new rule, a new principle and were pious about it. There was no such principle you couldnt install a president ial appointee in an Election Year. It depending on the votes, the people in congress. There were times when republican president s had democratic majorities in the senate and still got their Supreme Court nominee approved in an Election Year. Yeah. The issue was power but in 16 the republicans made a principle out of it and why they look so cynical and so hypocritical today. We heard the former president bill clinton saying this is about republican power and then the former Vice President in the last hour saying its about the mcconnell rule, thats how he koi coined it. Her di meredith, how do you think the ginsburg vacancy changes how the Trump Campaign plots out the Closing Argument before election day . Well, soon after Justice Ginsburgs death, i talked to white house officials, republicans close to the campaign, and they all told me that this completely changes the calculus. One person told me that this is the election now and a moment whether the Trump Campaign was southeaste seen as the underdog with Vice President biden they hope that this opportunity to put a conservative on the Supreme Court will energize the base and the conservatives who may have been a little skeptical of the president this time around especially with the tone and no motivated to get to the polls with the nature of this, especially for issues that they really care about and we already saw this play out last night when the president was in North Carolina. There was a new chant that we heard from his crowd, fill that seat. Its really going to be a rallying cry for President Trump. It is one of the reasons he feels he was elected in 2016 and Justice Ginsburgs death really has raised the stakes even higher and were about to see it get even more heated. All right. Meredith, tim, thanks to both of you. Appreciate it. Thank you. Thank you. All right. My next guest says forcing through a replacement before the election would tear the country apart and that maximum pressure must be put on republicans to stop it from happening. Does she have any ideas for democrats on how do that . Well ask, next. Technology makes it brilliant. The visionary lexus nx. Lease the 2020 nx 300 for 339 a month for 36 months. Experience amazing at your lexus dealer. We have different needs. Y. Experience amazing 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. 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It would be terrible for the Supreme Court. Ruth marcus joining us right now. Good to see you. Thank you for having me. Im sorry its under these circumstances. It is a tough time. So tell me more about how you came to this conclusion that it would tear the country apart. Okay. Lets be clear. It is not like were doing such a great job of being united and getting along with each other even without this. So i grant that. And same with the senate. It is not like the senate is a model of bipartisan cooperation. But the reality is that the contrast between the treatment of the scalia vacancy and merritt garland which is 11 months before the inauguration, 8 or 9 months before the election, and the rush to judgment by the very same people, the rush to confirmation, by the very same people that did not think it was a problem to have a 44 court, who insisted the American People had to have a voice and to be able to speak and to now ram through so much closer to the election the confirmation of a successor to Justice Ginsburg would just unleash nuclear war. The legislative and political e quiver len equivalent of nuclear war. If a democratic president would to take over and a Democratic Senate you would see Court Packing which would not be good for the court, not good for the country, but as i say in the oped it would be hard to argue against once you use tactics this extreme and this hypocritical. So what did you make of joe bidens statement in the past hour saying health care, equality on the line and people should decide who the nominee is based on who wins the election . The stakes for this replacement could not be higher. I wrote a book about the Brett Kavanaugh con fir maegs and cler theres a majority on the court but this would have an impact and we saw this in the last term in a bunch of really closely divided cases where the chief justice surprised people and went with the liberal justices. It would have an impact on everything from abortion rights to civil rights to religious freedom to Voting Rights to just about everything that you can imagine that the court is at the center of and including as the Vice President said to health care and the future of the air fordable care act. While that was her dying wish, that was Ruth Bader Ginsburgs dying wish, theres nothing in the constitution that says a liberal to replace a liberal, conservative must replace a conservative. No. There is nothing in the constitution that says that. For the most part though justices have tried to time their retirements when they are voluntary. This is different. So that they can be replaced by the president of the same party. That didnt happen in this case. Honestly, Justice Ginsburg, if she had wanted to make a priority could have decided to retire when president obama was in office when there would have been enough time to confirm her. Thats not where we are and so not a question of abiding by the justices dying wish though that would be lovely but a question of applying the same rules in the same or even more close to the election circumstances. Yeah. Doing whats right for the country and i think what we really need to do now, what i was the people i was trying to talk to were republican senators who have some inward qualms about this. You only need four. Yeah. In terms of that plan to retire that you were talking about, we have learned so much by Ruth Bader Ginsburg because she said it like she felt it. But then we learned in the last 48 hours from people so close to her who said actually her plan kind of was that she might retire if Hillary Clinton were to be elected but when that didnt happen that plan changed she was just going to hang in there as long as she could. She made just a sort of disastrous, tragically wrong calculation about what was going to happen in the election and i say this with the utmost affection and regard for her. I was in the rose garden on the amazing and very emotional summer, spring day when president clinton nominated her so many years ago, and to think were at this stage is really heartbreaking. Right. In her passing shes now galvanized the vote, the impetus for people to get out and vote and try to declare what feelings they have about who should get that next lifelong seat urn like ever before. Thank you. Thank you for having me. Thank you. And this quick programming note. Discover Justice Ruth Bader ginsburgs inspiring life and career with the cnn film rbg tonight 10 00 on cnn. Stock slices. For as little as 5, now anyone can own companies in the s p 500, even if their shares cost more. At 5 a slice, you could own Ten Companies for 50 instead of paying thousands. All Commission Free online. Schwab stock slices an easy way to start investing or to give the gift of stock ownership. Schwab. Own your tomorrow. Wet dishes . Residue . Spots . Its not your dishwashers fault. Simply add finish jetdry 3in1 to rinse dry and shine your dishes. Solve three problems at once with finish jet dry 3in1. All right. Finally, its not quite an excuse for a dance party, but could be a step in the right direction for some investors. President trump said hes given his blessings to a deal between tiktoks Parent Company and oracle, but a lot is still unclear, as will ripley explains. Reporter theres still a lot we dont know about this deal in the works between tiktoks Parent Company and u. S. Tech Company Oracle along with walmart, both named by President Trump on saturday when he said, in concept, he has approved a deal for a restructuring of tiktok, a creation of a new Company CalledTiktok Global in which the chinese owners have a majority share, but the american stakeholders have full control over the information that the app obtains about users. And theres a significant number of users in the United States. Tiktok says it has 800 million active users, the most downloaded app in the apple store, about you the United States government says because it was owned by a company in china and therefore potentially beholden to demands for information from the chinese government, that u. S. National security would be at risk for tiktok to continue operating in its current form in the United States. This new deal now, according to President Trump, would establish separate clouds that store the information of u. S. Users. That was a key sticking point. As far as the financials and whatnot, other details are still being worked out. The Commerce Department saying they will not ban the app, but that that delay is only for one week. Will ripley, cnn, hong kong. Thank you for joining me this sunday. Newsroom continuing with ana cabrera, right after this. Was that your grandfather, leading armies to battle . Was that your greataunt, keeping armies alive . Drafting the plans. Taking the pictures. Was it your family members . Who flew. Who fixed. Who fought. Who rose to the occasion. When the world needed them most. Find and honor your ancestors who servered in world war ii. Their stories live on at ancestry. Unlike ordinary memory wansupplements. Ter . Neuriva has clinically proven ingredients that fuel 5 indicators of brain performance. Memory. Focus. Accuracy. Learning and concentration. Try it today with our moneyback guarantee take the good, with the bad live the life you want to have send it off, with a bang whistling she always wanted her smile to shine. Now, she uses a capful of therabreath healthy smile oral rinse to give her the healthy, sparkly smile she always wanted. crowd cheering therabreath, its a better mouthwash. At walmart, target and other fine stores. 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. Hello on this sunday youre in the cnn newsroom. Im ana cabrera in new york. Thanks for joining me. A second republican senator breaking ranks with her party this afternoon and publicly opposing taking up a Supreme Court nominee before election day. We have senators Lisa Murkowski and Susan Collins now saying any move to replace