tonight president biden adopting a get tough approach as his administration tries to bring the surging covid pandemic under control. mandating federal workers be vaccinated and requiring businesses with 100 or more employees to ensure their workers either vaccinated or tested once a week. and expressing frustration with the nearly 80 million americans who are eligible for the vaccine but haven't yet rolled up their sleeves saying, quote, "our patience is wearing thin." the justice department suing the state of texas over the new law s after six weeks. witht with john harwood

and amanda carpenter. good to see you, john. president biden announcing new vaccine mandates that could affect 100 million americans. what are you hearing from the white house? >> reporter: in terms of why they didn't go further is the biggest proposal i've heard from people like our colleague jonathan rainer who you have on your show a lot, the doctor has said he should have mandated air travelers be vaccinated. the white house says they didn't do that because they think it would jam up airports and impede the economic recovery without doing all that much to improve vaccinations because a high proportion of air travelers are already vaccinated and all that much much covid is not spread because of good air filtration systems on plaeps. in terms of how it works is what

joe biden is counting on here is the threat of fines on businesses applied through occupational safety and health administration to impose vaccine mandates on large businesses affecting tens of millions of workers. they're also counting on the fact that business itself wants to have the cover to impose some of these man draft dates. business round table said we ng. we've got to get aggressive in order to get ton of this. finally, they're counting on mobilizing the social political pressure of the 3/4 of american adults who have gotten vaccinated against the hold outs who haven't who are extending the pandemic costing everyone money and generating a significant amount of suffering and overload in our health care system. >> so i had to ask you i don't understand the economic recovery part of it. remember we were taking our shoes off? after 9/11 the economy took a

nose dive after 9/11. i should say the air travel took a nose dive. and people had to take their shoes off and they were, you know, worried about that. so nice to show a vaccination card to get on a plane. i don't understand that thinking at all >>well, i'm just relating what the white house has said. they believe it would generate enormous tsa lines and make air travel more difficult. again, on a cost-benefit analysis, they say the cost would significantly outweigh the benefits. >> all right. okay. likes are long, still. amanda, with the president was clearly frustrated today. his speech felt like he was rep manlding the unvaccinated saying our patience is wearing thin. a lot of us feel that way. but is it the right strategy to convince people who have held out this long to ultimately get

their shot because we see the bad responses from the right already, i mean, you know. >> yeah. i don't think the speech was for them. i actually agree with that strategy. at this point in time, given all the covid fatigue and the people who are working so hard and hospitals and just even looking at every sector and try to find people doing the right thing. they're frustrated. so biden said we'll give you some help here. and i think the message was pretty clear. he vented that frustration and that's i think probably the majority of people are. 70% of adults have at least one dose. i mean, he is -- a popular opinion here. that said, there are going to be arguments over this. i don't think it's bad to have a discussion about the constitutionality of mandates on private business. that's a reasonable discussion that people can have. you know, i mean, henry is saying we'll fight you at the gates of hell. you can file a legal brief and

we can have an adult legal conversation about this. i welcome that. it moves the conversation at least. even among the people so opposed into it into a better, more productive realm. one of the things i'm most excited about is testing is coming back. if you have kids under 12 in a household, you need access to the rapid tests. giving help so schools can dot testing on a weekly or some more regular basis will give a lot of parents more confidence sending their kids to school and just a peace of mind until the vaccines can be approved for children. >> there's a recent poll finds only 40% of americans said president biden communicated a clear plan to combat covid. do you think he effectively reset things today? >> reporter: i don't think results like that, don, are a function of the clarity of

biden's plan. i think what that result reflects is the fact that the pandemic is back. so if it looks like you're not on top of the pandemic with, then there are various criticisms people will make of your leadership and what the president was doing today was an expression of his frustration, you know, amanda talked about the frustration of the vaccinated against the unvaccinated who are making things harder for everyone else. it certainly is a source of huge frustration for the president because he's been saying over and over get vaccinated. they started in the beginning of the administration where there was more demand for vaccines than there was ability to give them out. and then it was easy low hanging fruit once the supply was ample. people rushed to get the vaccines. now it's a situation where there's ample supply and there's a lot of resistance. so what he's trying to do is

ratcheting up his level of aggression on that continuum from encouragement to requirement, move closer to requirement and tray to get people to come along and if he can do that, if the delta variant peak and cases go down, then you'll start seeing his approval rating on covid and people's assessment of his clarity improve to his benefit. >> amanda, you're the perfect person for the next question. the republican governor of new jersey chris christie spoke at the reagan library. this is what he had to say about the gop. >> we need to face the realities of the 2020 election and learn not hide from them. we need to renounce the conspiracy they orists and the truth deniers, the ones who know better, and the ones who are plain nuts. [ applause ] we're need to give our supporters facts that will help them put all those fantasies to

rest so everyone can focus with clear minds on the issues that really matter. we need to quit wasting our time, our energy, and our credibility on claims that won't ever convince anyone of anything. >> so clearly he's thinking about 2024. how significant he's coming out and saying the gop has to renounce conspiracy theorists? >> yeah, listen. the remarks in a vacuum i would be standing up and cheering if i didn't know the person saying that. the reality is, chris christie was a strong backer of donald trump. you know, i believe he's backing him in a 2020 election after lafayette square and the covid hoaxes. i mean, it falls a little flat. >> at the reagan library? it's not like a trump rally. he's at the reagan library. >> the message isn't the problem. the messenger is. >> clear and concise there.

thank you very much, amanda. thank you, john. i appreciate it. i want to bring in dr. william shatner a professor of infectious diseases at vanderbilt university medical center and art capland. good to see both of you. so, dr. schefter, a lot of americans the president has been trying to reach haven't heard his message. biden sharing frustration today. listen and we'll taunt it. >> the vaccine is fda approved. over 200 million americans have gotten at least one shot. our patience is wearing thin. your refusal has cost all of us. so please do the right thing. just don't take it from me, listen to the voices on

vaccinated americans who -- unvaccinated americans who are lying in hospital breaths saying if i only gotten vaccinated. it's tragedy. >> so, doctor, when you look at where we are in this pandemic, should this have happened sooner? >> well, don, you know, politics, public policy is the art of impossible. it may be the best time to have done it. think of it as a war against the virus. to date, we have had a volunteer army, those are the people who have come forward to be vaccinated. but the enemies just been reinforced with delta. now a volunteer army won't do. we have to have a draft. we're saying you've got to serve not only yourself but your country, your neighbors, your community by coming forward and being vaccinated. i think it is a strong step, a bold step, and i think it's a

necessary step. i think it will be an effective step, if we can implement these mandates. i think it's very important. >> that's the question, can we implement it? because biden said the new rules will apply to 100 million americans. his plan includes paid time off to get vaccinated. companies could face fines if they don't comply. do you think it could be effectively put into practice? >> well, i think so. >> sorry. >> the mandates -- >> go ahead. start over, please. >> sorry. i think we're late in getting these mandates through. i've never been a big fan -- there are too many selfish people out there putting the rest of us at risk. it's unethical, it's immoral. the country has every right to say stop this pandemic. get our economy going. get us back to school.

get us back to some tolerable level of misery from this virus and mandates are the key. you know, the strongest proponent was the vaccines. donald trump it's his sort of little dwarf imitators out there with the ron johnson and rand paul who seems to forget that donald trump told us last year vaccinate, vaccinate, vaccinate, and went out and did it. can we implement it? but we have to go further than president biden has gone. we need a vaccine passport or authorization card. that'll do us a lot of good. if we can't prove you did. -- and i think to make mandates stick, you basically say it's not just a question of being able to go to work. you can't get into a restaurant, a gym, a bar, a sports stadium, a theater without proof of

vaccination. i ad-- don't want to be talking about this a year from now. we don't get tough as we roll into the winter with schools open and kids unable to vaccinate. i worry the implementation won't get us where we need to be. >> people will be in close confines going into the winter. what about the ethics of allocating care and resources like icu beds? should someone who needs a life-saving cancer surgery have to postpone it because someone else refused to get vaccinated for covid? how are the decisions being made? >> well, look, my friend dr. schefter will know it. don't punish people who wind up sick. you're never sure did they not get a vaccine because one wasn't available to them or they had a family situation they were overwhelmed. it's tough sometimes for doctors to make these assessment of who is virtuous and who isn't. i don't want rationing in the er, in the icu by vaccination

status. what i would accept is if you are not vaccinated, and that is leading you to die with less chance of rescue because you have other complicating conditions and someone else might do better, then i think vaccination status might be taken into account, if it's predicted with outcome. >> listen, i don't think anyone expects someone to show up at the doctor and the doctor refuses to vaccinate them. what i have been saying is if you don't believe in it, perhaps you should not, yourself, go to a hospital or a expect treatment when you have not done what is right. the onus should be on you. if you think it's your freedom not to get a vaccine, then if you get sick then, you know, hey -- >> yeah. i'm going to kind of remind you i have said, and i said it here and i've said it before, if you want the courage of your convictions and don't want to

vaccinate, then give your slot, give your position to somebody else. there are the consequences of -- don't ask the doctors to do it. >> that's what i've been saying. and then, you know, the critics try to do the mind trick. standby your word and your convictions and what you believe in. if you don't believe that covid is real, don't show up at the hospital when you get sick with covid. doctor, i'll let you respond to that. >> respond to what? >> what i said. >>well, don, and art, i don't think that'll work in the real life when people get sick. they'll seek medical care. but i think you heard a cheer go up today from many of the overworked people in intensive care units around the country. over 90% of the people who are being admitted to hospitals today are unvaccinated. these people who are dedicating themselves to the care of those

folks are just both frustrated and profoundly saddened that so many of these illnesses could have been prevented. frankly, they ask the question why didn't you get vaccinated. because here you are sick with covid and exposing me, the health care worker, to care for you, when none of this was necessary. so i think the caring will continue but the hope will be that these mandates will start reducing those unnecessary admissions in the hospital. >> yeah. and, listen -- >> i want you to answer this -- people get sick. that's why there are hospitals. that's why there are doctors. in the middle of a pandemic, it becomes different. you're overwhelming the hospital system. if someone is obese or if someone has a heart attack or if someone has some other disease and they go to the hospital or some other illness, it's not comparable to people going to

overwhelming hospitals in a pandemic, in emergency situations where there are aren't beds. when it is preventable. it's not the same thing. it's apples and oranges. go ahead. >> yeah. we're in the middle of a plague. i was going to point out today i got two stories given to me. one we had a kidney transplant postponed. life saving in the city of -- in the united states. no bed for the person. you remember, don, amy klobuchar put off going in for a breast exam because she was worried about covid. there are plenty of facilities around the united states that can't handle the heart attack, can't handle a colon of course i because they're full of covi d

patients. we better turn up the moral level on those who are selfish and burdening the community because they won't do the right thing. >> i agree with you, they won't do that. it doesn't mean they shouldn't hear it or at least think about it. maybe it'll, you know, convince them to go get a shot somewhere. thank you, gentlemen, i appreciate it. >> thank you. congress take -- doj taking action with the supreme court wouldn't. can they make the case against texas?

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u. the justice department suing the state of texas over the six-week abortion ban. attorney general garland calling the state law unprecedented and unconstitutional. it went into effect and some

have closed down all together. we'll discuss with cnn political commentators ana navarro and scott jennings. good evening to you and good to see you. the doj suit against the abortion ban is coming days after governor abbott signed voting restrictions into law. tonight abbott is saying he'll fight back against the vaccine mandate. texas has been conservative but these actions state clearly more to the right. is this a head to head show down with the biden administration, you think? >> oh, i think so. it's obvious there's a head to head. there's a lawsuit. so you can't get more confrontational and tangible ways than that. and, look, i think the biden administration had no choice but to do this because the supreme court didn't take it up when it could have taken it up. so there's a decision coming up on this. i think, you know, there was also a need for the biden administration to do this because so many people in texas

and across the nation are watching this are in distress. look, the approval ratings on abortion have changed not to the same level that marriage equality has but right now it's almost 60% of people who think abortions should be legal in most cases with some exceptions. and this law does not allow exceptions. it does not allow for a rape exemption. it does not allow for incest exemption. despite the fact that texas is the state with the most number of rapes in the nation. >> scott, you said you think there should be exceptions when, you know, incest or rape are involved. the new law doesn't allow for that. you look at what this law does to woman. when you look how the new voting restrictions will impact people of color. does it narrow republicans even further than the general public. is that the point that the base is all that matters here?

>> well, i think that there's two issues here. number one, there's the issue of what was the standard republican position on this been for, you know, going on 40 years now and it's to be pro-life with the exceptions rape, incest, and life of the mother. as you point out, this seems to go a little farther than that. the other issue is that conservatives over the last several years have felt stymied because many state legislatures and state governments have passed laws they think are pro-life in nature that would restrict abortions only to see them struck down. only to see them, you know, rolled back in federal court. what texas goes out and does is they come up with an ingenius way around the nullification of pro life laws we've seen around the country. so there's really the, you know, sort of the political question of what is the correct political, you know, dispositions for republican to have. i think pro life with three exceptions is a pretty reasonable political position but there's the legal question of how do we eventually goat a

place where state governments can do what they want to do and do what their constituents want them to do on protecting life. ultimately, don, i think this is the short term question. it's a procedural matter. the real issue will probably come next year, maybe, if the supreme court decides to go ahead and overturn roe v. wade. >> talking about the law as rape or incest exemption is not honest. let's talk about the law in front of us in texas. it has no exception for rape or incest. it's got a deadline of six weeks. it deputizes anybody, anybody in any state with no connection to the people involved directly involved to become bounty hunters and get the $10,000 bounty for snitching on

somebody. so, you know, a deer hunter in alaska could call up the hotline in texas and snitch on some uber driver and try to collect the $10,000. it makes no sense. it is absolutely insane. you could be for abortion. you could be against abortion. that doesn't mean that you don't agree that this law isegregious and crazy. downright crazy. >> the question was does this narrow the republican support even further in the general public? is that the point of appealing directly to the base? because it doesn't gain the republicans any support in general >>well, i think it's a question of what state you're in. ultimately if roe were overturned and the question went back to the states, what voters can do is elect people that match their views. in texas i'm guessing it has

wide support. i think you would find support for more conservative abortion laws. and in bluer states, you would find support for more abortion-friendly laws. i think that's ultimately a question -- it's not a national question at that point, don. i think for the republican party at large, we are the pro life party. that's not a surprise to anybody. and the position of most republicans is what we discussed pro life with the three exceptions. but there is something to be said for local jurisdiction and for the political questions to be resolved by voters. and so if you're in texas and you don't like the law, you can elect a new legislature or governor that will change the law. what democrats wanted over the years is courts essentially own the question and take it out of the hands in voters. in texas they have come up with a way to get around that. it's rather interesting and creative thing they've done. >> yeah. >> my personal view is i'm pro life. i want to see pro life laws but i also believe in state governments and i believe in

voters electing state governments that reflect their views. i'm pretty sure in texas there's broad support for what they've done. >> and anna, i have to get to the break here. when you think about what scott said, if you -- let's say, you know, hypothetical here. you know, texas the legislature says no. louisiana says yes. it's a hypothetical. what prevents someone from going to the texas/louisiana line and getting it. what good does it do? >> i'll tell you, money. resources. access to medical care. look, if you are a person that doesn't have the money to travel from texas to louisiana or mexico or new mexico, then you're in a disadvantage. but i think it becomes -- it gets similar to how the marriage equality case was decided. right. you could do it in some states and others you couldn't. the supreme court made the law. >> that was my point, anna. that was my point. i understand what you're saying. >> right.

>> some places it's legal and other play -- places it's not. >> i think it has some similarity to marriage equality. if we're honest with each other, great, you know, the great motivator in people's believes on abortion and choice and life a lot has to do from the religious foundation. right. and this is a country where there's a separation of church and state. so i believe in marriage equality but i don't believe i can impose marriage equality on the church and force the church to marry lgbtq people. in the same way, i don't think i should be imposing my religious believes on other americans. because this is not the vatican. it's the united states of america. we have a separation. >> i got to run. >> thank you. fascinating conversation. i'll have you both back. no icu beds not available. not enough staffing. covid ravaging the state of kentucky.

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covid-19 surge striking hard in kentucky where the vaccination rate is just under 50% and vaccine refusal is high. andy is saying the state had 30,000 cases last week. the highest number ever in one week hospitals across kentucky are overwhelmed and the majority don't have enough staff to meet rising dmoonlds. they called the situation dire. here is miguel marquez. >> there's more to come. >> reporter: billy couch didn't

think much about covid until he got it. >> don't mess around. it's not a joke. it's not fun and games. i've been here so long. i want to go home but i can't go home because i can't breathe. this is not a game at all. you feel like you're going to die. >> reporter: in the hospital 19 days now, the unvaccinated 42-year-old isn't sure how he picked up the virus. he toughed it out at home for eight days before being admitted. >> how serious is covid? >> it's bad to the bone. i recommend everybody wash their hands and do what they got to do. stay home. stay social distanced. it's bad. trust me. it's bad. >> reporter: until you had it, did you think it was bad? >> no. >> reporter: why? >> i didn't pay no attention. i do now. get your shots. >> reporter: wanda holmes manages the nursing staff in the covid icu at the regional health care's largest facility in hazard, kentucky. the nurse for 30 yearse. the job never tougher.

>> it's so hard. i get emotional because it is our community. i see they work very hard. very hard every day. you can usually see a difference. you work hard and see a difference. that's okay. you don't care you're tired. you've made a difference. so they work just as hard, if not harder, it hurts when you don't see a difference. >> reporter: just when they thought they were through the worst of the pandemic. it has come roaring back. patients younger and sicker and harder to treat. >> the family it's hard to realize it's the end? it's our community. . they know people. they know people related to them. it's hard on the nurses is the emotional part, too. >> reporter: in the covid icu here in hazard, every bed taken by those suffering from severe cases of covid-19. every patient intubated except for one. >> what is this virus doing to places like hazard, kentucky? >> it's destroying us.

i mean, everybody is getting it. everybody is getting sick. everybody is -- we're just seeing a lot right now. >> reporter: appalachian regional health care has 13 facilities across eastern kentucky and west virginia. its entire system now overwhelmed by covid. >> we have no icu beds available. zero. >> zero? >> reporter: zero. >> across 13 facilities we have zero icu beds available. we are 35 parents waiting in the ers for beds. >> reporter: today appalachian health care has three regular beds available across the entire system. they've cleared space and made room for 200 beds that sit empty unable to staff them. >> we have applied for fema disaster medical teams at multiple hospitals. our understanding is that

louisiana is in dire need and so most of their teams are there. so we are on the list and once they have availability, we hope, we'll be able to get support. >> reporter: the hospital system needs 170 nurses today to open up extra beds. nurses now working longer hours and doubling up on patients just to keep up. >> one respiratory therapist should have four ventilator patients because we work with the nurses, as well. right now i have seven to eight ventilators peres pa story therapist. >> reporter: patients are coming in younger and sicker than nurses have ever seen. >> we're seeing younger patients than we did before. we're seeing patients from 20 years old today up to 75 years old. so it attacks everyone. it's not just like one of each group. this year it doesn't matter. i've had several patients under 20 years old. >> reporter: how sick?

>> very sick, actually, for their age. >> reporter: where we're standing is perry county. to date, right now, this place has one of the highest rates of transmission for covid cases in the entire country. the hospital system thinks those cases and hospitalizations for them will continue to rise through late september or maybe into october and hopefully they'll begin to come down. i hoe i will sound like a broken record here, but more than 95% of the patients who are admitted to this hospital system with covid-19 are unvaccinated. don? >> thank you, miguel. i appreciate that. days away from the california recall election. we're going to go to one county where the governor is facing an uphill battle to keep his job. ♪ ayy, ayy, ayy ♪ ♪ yeah, we fancy like applebee's on a date night ♪ ♪ got that bourbon street steak with the oreo shake ♪ ♪ get some whipped cream ♪ ♪ on the top too ♪ ♪ two straws, one check, ♪ ♪ girl, i got you ♪ ♪ bougie like natty in the styrofoam ♪

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five days left until the california recall election as democratic governor fights to hold on to his job, he's facing an uphill battle in one of the bluest state's reddest counties. lucy kavanaugh has more. >> reporter: one of the country's bluest states stands out as a rare sea of red. less than two hours north of hollywood by car, but the city of bakersfield is on the other side of the spectrum politically. >> newsome out. >> reporter: where you'll find america's last lunch counter. serving up burgers, shakes, and a side of nostalgia. >> california was once a nice place. the governor says a lot of

things but he does all bad things. >> reporter: when it comes to the governor gavin newsome, some of the diners here had their fill. >> there's not a change, my wife and i are out of here. >> reporter: really? >> we're leaving the state. >> reporter: many republicans here think their voices aren't heard. >> i don't think so. >> no, not really. >> reporter: to some degree, they're right. >> thank you, california. >> reporter: in 2018, just 41% of kern county voters wednent f newsome. >> he won the state by a landslide. >> now republicans are hoping to flip the governor's office. sometimes i wonder if it's worth voting. okay is it really going to matter in california? it's always going to be democrats. >> reporter: at the kern county gop headquarters, they're trying

to change that with phone calls, ballot dropoffs, and yard signs. >> the outcome is anyone's guess. it's an odd time of year to have an election september 14th. we've had people poring in for the last two weeks. >> reporter: this gop member said republican voters are energized. she's hoping for a boost from independents and some democrats. >> these extremes produce a switch in parties. i don't believe all the democrats in california are of the same philosophy of the democrats in the state capitol building. >> reporter: a few days left to convince california to change track, larry elder is banking on bakersfield. lucy kavanaugh, cnn. >> thank you. now i want to bring in cnn senior political analyst ron brownstein. break it down for us. you heard one republican say she

wonders if it's worth voting. republicans may be outnumbered there, but it's not a typical election. what are you watching for. >> right. one republican hope is the turnout would be low. but, in fact, newsom has energized democrats over the summer. partly because he spent a lot of money and partly because he's had a lot of help from big-name national democrats barack obama to bernie sanders to elizabeth warren, but mostly because something that has enormous residence beyond the borders of california. he has turned around the race by leaning into his support for masks and vaccine mandates and portraying and attacking republicans for promising to repeal those mandates on day one. 6.8 million people have already voted. you get much above 10 million or 11 million, you simply run out of republicans in the state.

and the fact that newsome has been able to energize democrats by leaning into and not being defensive about mandates, i think it's very instructive. i think you perhaps saw one of the ripples in the much stronger stance that president biden took today not only in the proposals but the language about the unvaccinated. the vaccinated, as i said a few weeks ago, have kind of had it across party lines with the unvaccinated. and i think you're seeing it play out in practice in california. >> larry elder is raising the possibility of election shenanigans. any surprise he's going there? >> and it's quite ominous. not only is he doing that but a case where one of the republican possible senate candidates in nevada is talking about preimive lawsuits against any fraud and

any election republicans lose you'll have a substantial part of the party claiming fraud. democrats face a decision whether they'll use their power in washington by passing some version of h.r. 1 through the senate. there is no more consequential decision they face on whether manchin and sinema will agree to create some kind of carve out. because this is only a small preview of what's ahead and i do think it is a preview -- this recall is a preview also in the way newsom has talked about mandates. i mean, this is a big change in terms of going on the offense around this. last year, republicans ran against democrats for closing things down, locking things down. but now, newsom has been able to argue it's the republican position that threatens to close down schools or businesses because by undoing vaccine or mask mandates, you would allow the virus to get to that point. two-thirds of voters who are vaccinated in california said

they are opposing the -- the recall, including about one-fifth of vaccinated republicans. you see terry mcauliffe making arguments like this across the country. in virginia, he is up 20 points among residents who are vaccinated. republicans, right now, are kind of boxing themselves into this corner of standing up for the quote rights and, quote, choices of the unvaccinated minority and certainly i think president biden has drawn those lines in a way that is gonna frame the debate in exactly the kind of way we are seeing play out in california. so far, very effectively for the democrats. >> ron brownstein, pleasure as always. thank you, sir. we'll be right back. >> thanks, don. you've been taking mental health meds, and your mind is finally in a better place. except now you have uncontrollable body movements called tardive dyskinesia td.

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