hello to our viewers in the united states and around the world. 200,000 american deaths, the united states very close, just about to pass that gut punch marker today. yet the president grades the coronavirus response an a-plus saying the united states is rounding the final turn. doctors and the data tell us that is not true. more on the virus later but we again with the death of supreme court justice ruth bader ginsburg. word last hour, justice ginsburg will lie in repose at the supreme court this week and word from the president this morning to move full speed ahead with a replacement, 43 days from the november election. >> there are actually five i'm looking at. it's down to five and we're, you know, they're all -- it could be any one of them. i'll make a decision friday or saturday. i will announce it either friday

or saturday and then the work begins. >> the supreme court pick, a confirmation would reshape the american legal system. this fight will reshape the final six weeks of a presidential election. the president cam pans in ohio. joe biden in wisconsin. the president thinks a court fight is to his advantage making it a campaign issue helped in 2016 but the democrats believe a high court with three trump justices with the votes to unmake obamacare and undermine roe v. wade, democrats think the issue works in their favor. the first test is whether the president and leader mcconnell can win the votes. it would take four republicans to block that and there are two already. biden making this case in the appeal for two more to step up. >> my appeal to those few senate republicans, the handful who really will decide what happens.

please, follow your conscience. don't vote to confirm anyone nominated under the circumstances president trump and senator mcconnell have created. don't go there. uphold your constitutional duty, your conscience. let the people speak. cool the flames that have been engulfing our country. we can't keep rewriting history. >> let's get straight to kaitlan collins at the white house. joe biden has a view and the president's view is i have this power, i plan on using it. >> reporter: yep. he's made clear that he wants that confirmation vote to happen before the november 3rd election, that is what he conveyed to senate majority leader mcconnell in several phone calls they had this week, something he said on fox news and so of course the question here is going to be the timing and the president says he is going to announce his pick, who's going to be a woman, he noted by friday or by saturday

and if he announces it on friday that would give him 39 days until the election to get that nominee confirmed by the senate. there are still so many questions about whether or not they have the votes and will be up to mcconnell whether it's before or after the election and factors that go into play there and that 39-day period would be incredibly short given it's taken on average 70 days to confirm supreme court justices and the white house repeatedly pointed to how long it took rbg to get confirmed closer to 50 days but that is the timeline they look at and moving quickly and the president is encouraged by several people to do so. what they spernt the weekend doing is the president was on the phone a lot, whitd led the list to the top three women. these are three women they have been looking at, the latter believe may be too young b out

pick is going to be because they realize there's absolutely no room for error if they're going to move quickly and try to get someone confirmed in the next 45 days or so. >> the next several days going to be consequential as the president makes the decision. appreciate the live reporting there. step one for the president and leader mcconnell or step two make the pick and then prevent two republican senators from joining murkowski and collins. they will not vote before the election on a new supreme court pick. let's get up to cnn's manu raju on capitol hill. they said the president has a rite to pick. the question is can we get from two to four? >> reporter: that is the question. we don't know the answer to that. there are several republican senators who have not said one way or the other how they will ultimately come down.

and getting someone done in just probably 38 or 39 days if the president were to nominate someone on friday or saturday as he's saying typically the process takes two or three months and by election day is incredibly complicated particularly as senators want to campaign to keep their own seats. a senator is corey gardiner of colorado in a very difficult race and democratic-leaning state and he of course in 2016 said that the voters should decide who the next president is and that president to pick the nominee when barack obama named his choice in march of that year. he was asked over the weekend back home whether he stands by what he said in 2016 and he side stepped the question. >> we need to make sure that we are giving time for personal reflection on this loss of an american i con and i hope before the politics begin, there is plenty of time for that, that we have some time to reflect on the

legacy of a great woman that led to the nation's highest court. >> reporter: but trump this morning applying some pressure to republicans like cory gardiner and he criticized collins and murkowski. collins would be quote very badly hurt by moving forward before the election and collins in a difficult race, most difficult of her career up in maine. there are other senators who have not said how they will come down. chuck grassley of iowa told me in late july they should not move forward with a vacancy this election year. of course where will mitt romney come down? i'm told that he is not going to weigh in after he meets with republican senators tomorrow so a lot of questions about whether to get it done before the election or after the election, particularly if trump loses but those are aumoll the questions y

have to grapple with today. >> dramatic few days in washington. a punch from cory gardner trying to figure out the politics. grateful. we'll stay in touch. let's continue the conversation with chief political correspondent dana bash and errol lewis. the president sportsnet the weekend reaching out to advisers and he is conflicted. >> very conflicted. i spoke to a source familiar with the president's thinking who said he is really appears to be torn between at this point the two leading contenders, barrett and lagoya. amy coney barrett is the pick for social conservatives and for those in conservative legal circles who are very, very influential historically, with presidents but most importantly

with this president, because he understands that it's those figures who really helped him become president of the united states across the country holding their nose and saying, okay, we are with this nominee as long as he gives us the judges we want and then barbara lagoya, i'm told he is saying privately and really likes the idea of her, the idea of a latina, somebody from florida but we know that the way that he tends to go, according to again a source i was talking to that one of the issues and one of the questions is is he going to go for what the source termed a social conservative war with barrett because she is somebody who has been publicly very clear about her personal views being against abortion or is he going to go for somebody that might be

more politically promising for him in the short term? if past is prologue this is a president who tends to go with the base-driven decision on whole host of issues. >> and he has two already confirmed and so he and mitch mcconnell have a relationship where he trusts the math from the majority leader. errol, the democrats scream hypocrisy. when obama tried to appoint garland nearly 300 days. this is six weeks and the republicans say, yeah, so what? forget what we did in 2016. listen to the president this morning making clear we have the power, use it. >> this is up to the senate. the only problem was president obama did not have the senate. we had the senate. and the senate didn't want to do that. and mitch didn't want to do that. so there's a difference. when you have the senate, when you have the votes, you can sort

of do what you want as long as you have it and we have the presidency and we have the senate. and we have every right to do it and plenty of time. >> it is interesting to me in the sense that he is the undisputed leader of the republican party, he does not tend to care about other people saying this could doom susan collins race in maine. the president telling the voters i'm mad at her doesn't help but the president here trying to pressure the other republicans, manu trying to do the math for us. will it be romney, grassley? a surprise? the president is trying to say don't you dare. >> that's right. every one of the senators especially up for election and the rest of them, as well, looking carefully at the polls and the upside of this is the voters get to weigh in, maybe not just directly in the early voting states and november 3rd but those who want to make the

voices heard now is the time because everyone is looking over the shoulder to see how's this going to play? basic raw power calculation is just as the president described it. they have the presidency, control of the senate, they have the votes and they have enough time because the time stretches until the inauguration next year so they've got what they want. they just have to figure out what will work for them and fear something we see early signs of which is democratic backlash meaning a democratic surge in activity in fund raising activity, emails going out all over the place, every part of the democratic coalition sees what is at stake in this election beyond the economy, beyond the pandemic. the future of really important issues is going to be decided including the outcome of the election possibly itself by the high court and becoming a top issue going into the election. >> and, dana, because of that there are some -- internal conversations, you talked about

the president internal conversations and who's the best pick for the court and to help us in november, whether that's the presidential perspective or the senate map but the democrats have a calculation, too. there are other more progressive democrats saying biden should be saying with roe v. wade at stake, obamacare at stake, do this, mr. president, do this, leader mcconnell, we will expand the court if we win. we'll expand the senate if we win. instead joe biden more of an institutionalist trying in the short term to focus on winning over a few old republican friends. >> look. i'm not being naive. i'm not speaking to president trump who will do whatever he warrants or speaker mcconnell. i'm speaking to those republicans out there, senate republicans, who know deep down what is right for the country and consistent with the

constitution. >> biden has been incredibly consistent on this point. even when he was taking flack for it in the primaries. there are progressives who like to tell him they don't believe that world exists anymore. >> that's right. they are telling him that. what we saw emerge yesterday is a good cop/bad cop situation go going on. biden not going there on all of the things that democrats could do if they take the house, if they take the senate and the white house to make sure that this situation doesn't happen again or to change the dynamic like you said, expanding the court, changing the filibuster rules beyond just nominees but also on legislation. he doesn't want to go there. he is appealing to the kind of negotiator that he actually had on the other side of the table with mitch mcconnell when he was

vice president but chuck schumer is doing it for him, the democratic leader in the senate. yesterday he not only said everything is on the table, the imagery and the theatrics of how he had his press conference, standing next ocasio-cortez spoke voluntarily yunemes to th both trying to appeal to every player on the political spectrum here. >> this is the political stacks and the legal stakes are fascinating. appreciate the reporting and insights. later, the legacy of ruth bader ginsburg on the bench. up next, president trump givers himself an a-plus on the handling of the coronavirus pandemic. cheeseburger on ciabat, no tomatoes.. [hard a] tonight... i'll be eating four cheese tortellini with extra tomatoes. [full emphasis on the soft a]

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horrifically grim milestone, 200,000 americans dead from the coronavirus. president says he deserves an a-plus. the case trend starts to go back up. take a look starting with the 50-state map. red and orange are bad. 28 states now reporting more new infections now compared to a week ago. 28 states meaning trending in the wrong direction. eight with 50% plus increase. eight of them in the deep red. the rest in orange trending in the wrong direction. 16 holding steady. six reporting fewer few infections. down to about 20,000 new infections a day memorial day and then a horrific summer surge up above 60,000 infections. look at this. everybody before you look at the number, that is not the way you want that line going.

back up. 36,000 and change new cases yesterday. case count tends to dip some on sunday. we are averaging more than 40,000 new infections a day. this is the sad count of american deaths. sunday 199,509. that is the population of salt lake city, utah. huntsville, alabama. grand rapids, michigan. wiped out by the coronavirus pandemic. this count sadly continues to climb. the testing trend in the united states relative plateau at 800,000 new tests a day. public health experts would like it higher but we have a straight line of 800,000 tests. what matters most is the results. nationally the average holding steady. flat line there at 5%. public health experts say try to

push it down from there. the problem is different states at different times having issues. ten states above 10% over the last week. 10% of the tests coming back positive. high positivity, new cases, new cases ultimately that death count kicks in and why the president says give me an a-plus, we have turned the corner. the experts say this is no time to let down your guard. >> we have to stay strong and do the things that could decrease the spread. number one, wearing a mask when we can't physically distance. avoiding crowds. hygiene and with smart testing we can flatten the curve and slow the spread but we have to be disciplined and diligent to obey that every single day. >> joining me now is dr. yasmin. i want to start by, i want you to listen to the president of the united states. you know the numbers better than

i do and the president said we've turned the corner. >> we're rounding the corner. with or without a vaccine. they hate it when i say that. we have done phenomenal job. not just a good job. a phenomenal job. on public relations i give myself a "d." on the job itself, we take an a-plus with the ventilators and vaccines years ahead of schedule. >> if you take those words and match them up with the data it's a parallel universe. >> it doesn't match. you just have to wonder what kind of adjectives used to a leader of a-plus for a pandemic response that failed. we're hitting that milestone of 200,000 americans who died. over the last week, average of 41,000 new coronavirus cases every single day, that's a 1%

increase from previous weeks. he gives himself this grade of a "d" for public relations. i would say as a communications professor myself he gets a "f" for failure. dr. red fooerld said to congressional lawmaker that is even if a coronavirus vaccine was approved that it still would not be widely available to the american public until the late second or third quarter of 2021. and then that same day, john, just a few hours after the cdc direct or the said that the president convened a white house prez conference saying that dr. redfield was mistaken, confused and would be getting a covid-19 vaccine in a matter of weeks and then two days after that he said actually there won't be a coronavirus vaccine available for most americans until april and that is not guaranteed so his self grading is abuysmal.

this lack of clear communication is just causing so much confusion about the virus and about a vaccine. >> and the trajectory at the moment is concerning. i say that as a layperson who crunches the numbers every day. 40,000 new infections a day heading up after several times too slowly but starting to come down heading back up. dr. scott gottlieb says here we go again. >> i think we have at least one more cycle with this virus heading boo the fall and winter. there's an unmistakable spike in new infections. 15 states the positivity rate is 10% or higher. about 30 state where is the rate of transfer is above 1 and they have an expanding epidemic. >> how big of a spike is this? what can be done to minimize it if possible as we go into number

one the high positivity rate and the new cases starting to mount and the seasonal changes which is more people indoors? >> and seasonal is the flu season heading into now. people need to get the flu vaccine to be sure to be protected against that virus. but dr. gottlieb makes this great point of so many other states seeing increases in positivity rates. because even though the national numbers are not great it can be misleading in that some states like north dakota, south dakota, virginia, west virginia, guam and puerto rico seeing a high spike and then you take that into a global context, too. you see what's happening in europe, you see what the world health organization is saying about daily case counts across the planet and we need to double down. we need to make sure people have the right kind of mask, physical distance, getting the flu shot.

all the of that is much more difficult under leadership with an a-plus grade for a pandemic response that's failing us. >> leadership trying to pretend this has gone away because it's an election six weeks from tuesday. >> yeah. >> doctor, as always, appreciate your insights. >> thank you. to that election, the battle for 270 electoral votes likely come down to maybe a few states and possibly a congressional district or two. (upbeat music) - [narrator] this is kate.

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we have some new changes in the cnn electoral map heading into the final six weeks of the campaign. supersonics weeks from tomorrow is election day. the campaign being reshaped by the big supreme court fight. joe biden without a doubt has an advantage heading into the final weeks. the question is how will it play out with the debates and the supreme court pick and the like? 269 electoral votes solid or leaning to joe biden. takes 270 to win. if it's dark red it's solid republican. if it's dark blue like california it's solid democrat. if it's light blue like arizona it leans biden. 269 to 169. this is where we were just last week, 268 to 170. what changed in the map?

let's show you how that plays out. what did we move? we have moved pennsylvania. we had it learnining blue and wisconsin from toss-up to lean blue and az z frrizona from toso lean blue. advantage joe biden in the firnl weeks. the supreme court fight shakes everything up. does it motivate conservatives? joe biden knows what's what happened in 2016. in 2020 joe biden says liberals, progressives, independents, moderates, soft republicans, a trump court could tilt huge issues like health care. >> in the middle of a worst global health crisis in living memory donald trump is before the supreme court trying to strip health care coverage away from tens of millions of families. strip away the peace of mind of

more than 100 million americans with preexisting conditions. >> here to talk this over, david axelrod, now a cnn commentator. david, good to see you. you look at this map, we're heading into the final six weeks. it is advantage biden. yes, many of the battleground states are close but biden doesn't need to win them all. donald trump has a narrow path and yet there's a lot of skittishness talking to democrats. how much is headaches of 2016 and how much of it is about 2020? >> or the natural state of democrats, could be that, as welt. but look. i think there's reason for people to be skittish because they assume too much in 2016 on the democratic side and paid a price for that. but they have the advantage of having gone through that and there are a lot of things that are different now. donald trump is the incumbent. joe biden doesn't have the

freight that hillary clinton faced in -- or carried into the race in 2016 and this pandemic really hangs of us. it is something that donald trump simply can't escape. it is a brick on his ability to grow or it has been. we look at polling now. biden, "the wall street journal"/nbc poll up 8 points in january. up 8 points now. the race has been incredibly stable and that's not a good thing if you're the incumbent trying to make up ground. >> which is why the president thinks this court pick could help him at least shake things up. listen to him this morning on fox news. >> we want to have nine justices and we want to have somebody with a lot of talent added to

the talented people we have on both sides. we worn the election and elections have consequences. it is called you pick people from the supreme court and you pick judges, too. we have -- we will have almost 20 -- 300 at the end of the first term. >> that is, i know progressives don't like it, a remarkable first term legacy. two supreme court justices, now the fight for three. what is your sense identiout in america? in 2016, no question for the voters, 21% said supreme court was most important to them. is it different in 2020? can democrats turn this to their advantage this time or does that make you nervous? >> look. i think that if you look at the reaction to the news of justice

ginsburg's death and just prodigious amount of money the democrats raised in the first 24 hours, i think $100 million, for democrats that's energizing and biden put his finger on the most energizing piece which is health care and the affordable health care and the question is whether those people who are energized by the supreme court issue were in already. you know? we have great deal of enthusiasm about this election and among republicans and conservatives and e vavangelicals the supreme court is at the top of the list. does this elevate it in the minds of the democrats? i thought it was very interesting that chuck schumer stood with aoc yesterday in giving his response to the death of justice ginsburg and sent a message to young voters, particularly young women voters,

who may not have been as enthusiastic on the behalf of joe biden so i don't think i would assume there's an advantage to one side or the other in terms of enthusiasm and not assume that this transforms the basic structure of the race. the president would love to change the subject to this fight because the subject that everyone is talking about right now which is the coronavirus doesn't really work to his advantage. >> let's put you in an odd spot. you are a democrat that won two presidential elections. the president of the united states has to make this pick. if urn advising him, sorry, but if you were advising him would you tell him pick barbara lagoa, amy coney barrett? what -- if you're looking at just the raw politics, that map tilted against trump right now trying to change it, what should the pick be? >> we know that he's sitting down and pouring through legal decisions and writings and not

looking at the politics but if he were, john, if he were looking at the politics, you know, you could make a case for picking judge lagoa in florida because the last president to win a -- the presidency without winning florida, republican, was calvin coolidge. he thinks in those terms. i'm sure he's looking hard at a cuban american jurdge in the mot pivotal state he's got and on the other side of it amy coney barrett does excite the conservative voters, excites the evangelical voters, anti-choice voters and excites voters on the other side of the aisle so you might say, maybe i go for the win in florida and i don't stoke up my base in quite the same way to stoke up theirs.

>> david, we'll spend time in conversations over the next six weeks walking through this. appreciate your time today. as the president prepares to make a pick, we'll take time to reflect on the remarkable legacy of justice ruth bader ginsburg.

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♪ to the remarkable legacy now of the late justice ruth bader ginsburg, a pioneer in women's law before she was a judge and justice, a pioneer on the supreme court bench for 27 years. a pop culture icon nonas

notorious rgb. let's discuss this with jeffrey rosen, a friend of justice ginsburg and wrote the book "conversations with rbg." jeffrey, thank you for being with us today. you've lost a friend and i want to acknowledge that and very much appreciate you taking the time in a difficult moment to share your memories. what -- just a personal perspective, i stopped by the court yesterday after the sunday show to see the remarkable scene. flowers everywhere. what made ruth bader ginsburg not just an accomplished justice, but a pop culture icon? >> thank you so much, john, for taking a moment to honor her memory and let's all do that over the coming important days. people responded to the fact that she was so extraordinarily

powerful and self possessed at the same time. young women talked about the fact that she was such a boss. that was a word they used. she broke stereotypes. didn't behave the way older men and women were supposed to behave. in the fiery dissents inspired a student to create the meme notorious rgb and she just exuded vision, clarity and fearlessness and people responded very powerfully to that. it's a perfect melding of the authentic power of this extraordinary american hero and the fact that the public responded to it so dramatically. >> you mentioned the dissent. people probably think you're losing if you write a dissent. can't be fun but justice ginsburg under the seed, a seed is strong dissent could plant because those issues could come

back. she told this to npr in 2002. dissents speak to a future age. not just to say my colleagues are wrong but the greatest dissents do become court opinions and over time the views become the dominant view so that's the hope to not write for today but tomorrow. she was on the majority side in some very important cases but this was her mission around the court and knew the math. >> that's exactly right. i'm so glad you read that. she moted that thurgood marshall wrote before arguing brown versus board of education and justice ginsburg's dissent in the lily ledbetter pay equity decision so inspired congress that congress did overturn the decision and president obama seened that into law on his

first day in office and she had a sense of speaking to future ages when the current majority is not receptive and i believe that many of the dissernts may e vindicated in the future. >> what was she like in person? she's a tiny, soft spoken woman who yet became -- enjoyed working out. she is a legal legend, will go down in history for the work on the law but who was she? >> when we first met 30 years ago in an elevator and she was si silent and just to break the ice i asked, what operas have you seen recently? she was animated and this began a friendship and a conversation about music. she was completely tuned in to every encounter, just laser focused on asking emphathetic

questions, had a very sly seasons of humor. and she loved to laugh, her husband marty whom she adored made her crack up. that was her word and her friend justice scalia, she said he drives me crazy and makes me crack up. she was extraordinarily present and utterly focused on individual relationships and the work and that laser-like focus that gave her sump empathy for others and made her an extraordina extraordinary human being. >> thank you. grateful for your time. >> thank you for doing that. we'll be right back. keeping your oysters business growing

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some very important and very puzzling breaking news related to the coronavirus. the centers for disease control took down from the website the guidance put up on friday about the aerosol trance mention of covid-19. the website is back to old guidance. our senior medical correspondent elizabeth cohen joins us now. let's focus on the public health concerns, what is the change, the reversal and do we know why? >> first, john, having a switchswitch switcheroo like this, i've been coffering the cdc better part of 30 years and never seen anything like this. so now let's tack about what this is, what happened. on friday the cdc posted guidance that said, hey, things have changed and we now think

that it is possible for this virus to spread basically through small particles that get suspended in the air and known if i have covid and i'm talking to and sneeze or cough or spit on you a little bit and you can get covid and believed how the disease is spread for the most part and what the cdc said on friday, also growing evidence that the particles hang out in the air and someone never that close could walk by and get it. you could spread it to people more than six week away if they walk by that air space and essentially what the cdc said and just now just before noon the cdc wernnt back to what it said originally that it couldn't be spread that way. so what happened? one of the things to honestly think about is that we have seen

that the cdc has come under political pressure, come under pressure from the president trump administration to say things a certain way and we need to ask the question, was there political pressure to make it surround like this disease does not spread in this way? >> so we know they have gone back to the old guidance because they said it was a mistake to post this draft. do we know if we're done or is the draft under review and going to revise it again and go through the conversation again about the agency that's supposed to be the gold standard for telling people here's what we know and what you should do? >> john, i think we may be having this conversation again and i'll tell you why. back in april, in april, the national academy of sciences wrote a letter to the white house saying, hey, essentially, this can spread in an airborne way. you don't need to be just within a sneeze or a cough.

it can have particles that will be suspended in the air and if saying this to the white house in april why did it take the cdc so long to switch their guidance to reflect that which is what they did friday and then why did they switch it back today? the science seems to be quite clear that this disease can spread in this so-called airborne way so, yes, i think we'll be talking about this again. >> elizabeth cohen, grateful for that important breaking news report. let's bring in dr. saline gounder. does the reversion back to the old guidance make sense from a public health perspective? as somebody out there on the front lines that might say let's check with the cdc, what is the latest guidelines, what does this do to confidence in the agency? >> well, in terms of confidence in the agency i do think it has

been tremendously shaken over the last couple of weeks and it means that many of us are turning to other authorities, guidance whether it's the national academy of sciences, that is the infectious disease society and other bodies that do exist to provide guidance. in terms of what this means for public health measures and for control, big picture is a lot of exact same things we have been talking about but we have to be that much more vigilant about wearing masks, this may influence the mask we recommend over time but definitely we should aullways be wearing mask the six feet apart rule is a minimum and the context of aerosol, airborne spread and we need to be paying better attention to ventilation, especially indoors. some of the things that are under consideration or are happening right now like school

reopenings, indoor dining need to be rethought in the context of this shift in thinking. >> doctor, appreciate your quick hustle to give us some insights on this dramatic change, a change now about how coronavirus is transmitted after the cdc revised the testing guidance lines. a lot of confusion, supposed to be the gold standard. hope to see you back here tomorrow morning. brianna keilar picks up the coverage after a quick break. i wouldn't be here if i thought reverse mortgages took advantage of any american senior, or worse, that it was some way to take your home. it's just a loan designed for older homeowners, and, it's helped over a million americans. a reverse mortgage loan isn't some kind of trick to take your home. it's a loan, like any other. big difference is how you pay it back. find out how reverse mortgages really work with aag's free,

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look, reverse mortgages aren't for everyone but i think i've been 'round long enough to know what's what. i'm proud to be part of aag, i trust 'em, i think you can too. trust aag for the best reverse mortgage solutions. call now so you can... retire better hello, i'm brianna keilar and i want to welcome our viewers in the united states and around the world. breaking news out of the cdc, the agency abruptly reverting to the previous guidance of how coronavirus is transmitted, removing references to airborne transmission that it had posted just days earlier. i want to bring in elizabeth cohen who's joining us now. this