♪ # >> noon eastern here in the nation's capital as we look on the right side of your screen at the u.s. supreme court as there's a solemn tribute growing. people have left flowers, cards and momentos as they come by this weekend to remember the life of justice ruth bader ginsburg. she passed away last night at the age of 87. welcome to america's news headquarters. i'm leland vittert in washington, hi. >> hi, i'm alicia acuna in denver. the first tributes were made last night.

hello, mark. >> ruth bader ginsburg made history before being a supreme court justice. she was fighting for equality. now, she attended some of the top universities, harvard, cornell and columbia. she worked as a law firm in new york and helping to launch the a.c.l.u. women's rights project and before being on the supreme court, the court of appeals. after president clinton nominated her, she was the second woman to sister of on the nation's highest court and president clinton said of her 27 years in the court that exceeded his highest expectations. and john roberts released a statement on behalf of the court our nation has lost a jurist of supreme stature.

future generations will remember justice ginsburg as we knew her a tiredless and resolute champion of justice. all morning long we've seen people come back to pay respects, many bringing by flowers, cards, candles, beautiful as the sun was coming up. vice-presidential candidate kamala harris stopped by and we didn't know that she was here, it was tweeted about. she lost her husband in 2010, but she was surrounded by her family in washington before passing away. a private internment is expected at arlington national cemetery and the exact scheduled is worked out. and many people are flocking to the supreme court to pay respects and people are not allowed to go up the steps, but right outside, the memorial is growing. >> a mother and grandmother was lost to a family last night who will miss her so much. leland. leland: being a mother and

grandmother was awfully important to letter and she talked about that at length. and president trump has been signaling all morning in a tweet that he intends to fill the spot left by the justice. kevin corke was there last night and you mentioned the people and mourners were out and they were silent. i'm expected that life at the white house is different than last night at the court? >> very interesting. i must admit. it's such a stark time in our nation when you can come into work and go to the supreme court and you see thousands, literally standing in silence for the most part and come here to the white house, less than 12 hours later and again, there is a real calm here, and a bit of a reverence, i think, it's fair to say, for what our country has seen transpire over the last 24 hours. but the argument leland has been leer-- here from the outset, it's an

obligation for the president's job, that is to get a supreme court nominee up to the senate and have the senate vote on that nominee. i'm going to take to you twitter. as you can imagine, the president has been sort of talking about this topic and indeed that's the case once again today. he says this, we were put in this position of power and importance to make decisions for the people who so proudly elected us. the most important of which has long been considered to be the selection of the united states supreme court justice. we have this obligation without delay. indeed, a third of u.s. presidents have appointed to the supreme court justices, in an election year. this is with great emotion and strive in the country as first lady melania trump says reflecting on one of the giants of the court. she wrote on twitter, justice ruth bader ginsburg is a

tremendous loss, her spirit will live in all inspired. my prayers are with her family and all who loved her. rest in piece, rbg. here is the press secretary. >> the president obviously put forward on the american people, know exactly where the president stands in terms of not just what his justices would look like, but exactly what their names are. you know, the original list, the people who respect the words of the constitution and the plain text of statutes. you know where the president stands, can't say that, tom, for every party. >>, but former president barack obama thinks, in the case, remember what happened to merrick garland. he thinks the senate should do something similar, which is apply the rule of the law. he says the rule of law the legitimacy of our court the fundamental workings of our democracy depend on the basic principle as votes are already being cast in the election, republican senators are now called to apply that standard.

in orders, yeah, if you waited then, maybe you should wait now and let the american people weigh in in 45 days, however, you also know this, leland, the senate majority leader mitch mcconnell said that's when the party of the president and the senate are not aligned. in this case they're aligned and he says, yes, we should certainly have a vote and interesting, you're going to see a lot about the tweet from chuck schumer in february of 2016. he said this, to justices and presidents in election year, #do your job. that was then, this is now. the debate continues. leland: a lot of folks saying that was then, this is now and looking back at tapes and tweets of 2016. it's like opposite day or something now. kevin corke at the white house, thank you very much, sir. alicia. >> and justice ruth bader ginsburg's death less than seven weeks before election day sets off a political battle

over her replacement and the future of the supreme court. ted is live from capitol hill on the latest reaction what is likely to be a bitter nomination fight. >> hay there, alicia. >> here is what you look at, the math and swing votes in terms of getting the nominee across the finish line in the united states senate. this is the breakdown in the senate rye now, 53 republicans and 47 senators who caucus with the democrats. so you can only lose two before you would need to have a tie-breaking vote cast by the vice-president of the united states and never happened on a supreme court nomination. here are two senators to look at in particular, susan collins of maine, a republican. she's facing a reelection. and she thought it would be to advance this close to the election. and lisa murkowski is not up for reelection, but she indicated she thought it should wait until after the

inauguration and people are wondering what will the senate majority leader mitch mcconnell do, there's a bad taste in the mouth for what happened with merrick garland and this is what the majority leader said four years ago, listen. >> the next justice could fundamentally alter the direction of the supreme court and have a profound impact on our country. so of course, of course, the american people should have a say in the court's direction. our view is this: give the people a voice in filling this vacancy. >> this was the issue here in 2016. at that point mitch mcconnell said it's an election year and we should wait until we know who the new president is, and this time you have a republican senate and republican

president. and in 2016 you had a republican senate and democrat with president obama. and when they submit a name to for a nomination, we're at day 45 before the election, it's hard to see how they could vet this person no matter if they'd been pre-vetted before. and they like to take their time because it's a lifetime appointment. some of these were spilled off the rails. robert borque in 1987 and harriet miers in 2005, she had to withdraw, they didn't think she was up to the task. some of the senators were disappointed and a lot of answers in the pre-written forms they handed out. you never quite know. a lot of times they nominate somebody and they have to go back and pick somebody again. doing this quickly, it's hard to execute that fast a turn-around, alicia.

>> chad, thank you for your expertise. >> leland. >> bringing in republican senator member of the house judiciary committee, marsha blackburn from tennessee. thank you. pick up where chad left off. as you know, he's been around the block a few times through these confirmation hearings. you really think you could have a nomination in the next couple of days, vet somebody properly and fully have hearings and a vote in 45 days? >> well, leland, we know that leader mcconnell last night issued a statement that president's nominee would have a confirmation vote in the u.s. senate this year. so we know that generally the process takes about 60 days, also, justice ginsburg was confirmed in 42 days. justice o'connor in 33 days. justice john paul stevens in 19 days. so we will see where it takes

and let's allow the leader and president to speak. leland: let me ask it this way, is it better politically to have this vote before or after the election? because you pointed out, mitch mcconnell said there was going to be a vote on the nomineement he didn't say before or after the election. is there a reason maybe to wait until after the election? >> i think that's a good question for leader mcconnell. let's see how this process unfolds. i think this weekend is for remembering iconic lady who served this nation well. leland: okay. but so was the leader wrong to put out the statement saying we're going to have a vote if this is the weekend for remembrance? >> of course not. he was not wrong. he was signaling that, just as chad reported, that when it is the president and the senate of

the same party, that precedent is that the position is filled. and the leader is right to do that. you will hear more in the coming days about what the white house is going to do and what the leader is going to do. leland: okay. so, keeping on to the issue of this potential nominee, you're leaving open the possibility that we would have a lame duck senate or lame duck senators casting a deciding vote on a lame duck president's streak nomination, does that seem right to you or something you'd be willing to rule out? >> the precedent is when you have the presidency and the senate of the same party, that they move forward with nominations. the process, you will have it's the white house, leader mcconnell, chairman graham of the senate judiciary committee

who are going to delve more into that process. >> it's interesting you say that because you just laid out the precedent, if it's a president and senate of the same party, then there is no problem with confirmation, but chairman graham, you just talked about, didn't seem to put that caveat in back in 2018. take a listen. >> if an opening comes in the last year of president trump's term, and the primary process is started, we'll wait for the next election. leland: doesn't sound like what you're talking about doing. >> well, that's a question for chairman graham. i do know that one of the things that we have done is to work diligently to fill the openings on the federal bench whether it the district, the circuit or the supreme court

vacancy. leland: ma'am, that's also a question for you because you're going to cast a vote on the judiciary committee. do you think senator graham was wrong in what he said or do you think we should rethink it? i'm confused. this isn't about the circuit courts or the district courts. >> leland, let's give the president time to speak, let's give leader mcconnell time to speak. we know that you could go back to 1880 to find a time when the president and the senate of the same party left a vacancy on the supreme court. leader mcconnell has said that that nominee will get a vote this congress, before the end of the year. so as we go through the next few days, we are going to hear more about what the process is going to be and i look forward to voting for someone who will be a constructionist, a

constitutionalist and having the opportunity to fill that. leland: we understand there -- you'd be interested in taking a vote. and john roberts reporting amy coney barrett, barbara algoa, or-- we would look forward to talking to you. >> thank you. >> a members of the house armed services committee, congressman garamendi. before we get into the knitty gritty of this, i'd like to give you a moment about the passing of justice ginsburg. >> i have a hollowness, i've

got five daughters and granddaughters and this woman fought for them, giving them an opportunity to be equal, an opportunity to share in the benefits this have nation. and it's not just those women. it's the lbgt community, it's for everyone. in fact, her very first case that she argued at the appellate level was for a man to have an equal opportunity in the tax court. this woman was all about justice. this woman was all about equality and she's gone and frankly, i'm very, very concerned about the future. i'm concerned about the future of america's opportunity for all people to be equal, to have an equal opportunity in this country's benefits, and in its woes and in its troubles. so we'll see what happens in the future, but listen, it's more than just choice at stake here. it's about the insurance system, the affordable care act will be up and will be dealt with in the days ahead. it's about the environmental

issues, it's about work situations. the opportunity to get a job, the opportunity for employment. all of these things are at stake in the selection of the next supreme court justice to replace an extraordinary woman. >> let's look toward the future here and i heard it said last night in some of the coverage, whoo ill she will never truly be replaced, her seat will need to be filled and vice-president-- former vice-president biden has said that he wants to wait, that he thinks that america should wait until after the election. is he willing to put forward a list? he's being called on by the trump campaign and will it make democrats more comfortable if he did so? >> well, no, i don't think he ought to put forward a list of names. >> why? >> i think that's something to come later, but what we do know is that he should put forth the qualifications of the kind of person that he wants to have there.

certainly someone that has intellectual capacity and complexly, somebody that believes in the rule of law, that believes that the future of this country, as diverse as we are require that all, all in this country have the equal chance of the benefits of this country. so, those are the qualifications that i and others that he might want to put forward, but to put forward names at this point i think is not appropriate. but let's remember that the election is already underway. people are voting, and the real -- the future of this country for the next several decades will be largely determined by this particular supreme court justice. >> congressman, as you know, the president has put out a list, he put it out prior to the death of justice ginsburg, he's put out at least 20 people so far for folks to kind of chew on in their mind, and when you talk about equality and

helping others that justice ginsburg, there's a list of three women, including a latina who he may nominate for the supreme court. you still think it's inappropriate for biden to not put forward some sort of list? it doesn't have to be 24 hours, but should it be soon? >> well, i just answered your question a moment ago. i can go back and plow the same field again. i think that he should make it very clear the kind of person that he would nominate. now, if he chooses to add names to that, that's his choice. but let's recognize, we're now less than what, 16 hours after the death of this extraordinary woman, and i'm not going to go jump too far ahead beyond what i've already said and i suspect the vice-president is doing what any person with any empathy would do and that is to mourn the loss and to celebrate a life and that's what he's doing and i thank him for doing

that and frankly, i think all of us would be well put, well positionled to say, let's think about what this woman did and let's think about how she changed this nation and then let's ponder-- >> congressman garamendi, i understand. this is an almost impossible balance when there's the passing of someone who is so significant in the united states and her absence now brings even more significance to the institute. >> it does. >> congressman, thank you so much, leland. >> my pleasure. >> we'll continue to remember the life and legacy of ruth bader ginsburg. shannon bream our colleague and supreme court reporter will come back with her memories of the justice. in just a minute we'll go to the ground in california and get a firsthand look at what firefighters are against. christina coleman on the ground

in monrovia. >> thousands of firefighters are working around the clock to get them under control. i'll have the details coming up. crucial. try boost glucose control. the patented blend is clinically shown to help manage blood sugar levels. it provides 60% more protein than the leading diabetes nutrition shake. try boost glucose control.

introducing the new sleep number 360 smart bed... ...now temperature balancing, so you can sleep better together. can it help keep me asleep? absolutely, it intelligently senses your movements and automatically adjusts to keep you both effortlessly comfortable. can it help with snoring? i've never heard snoring. exactly. no problem ...and done. so you can really promise better sleep? not promise. prove. it's our weekend special. save up to $1,000 on the new sleep number 360 smart bed and adjustable base. plus, 0% interest for 48 months. ends monday. i will send out an army to find you in the middle of the darkest night it's true, i will rescue you oh, i will rescue you

if he's here, this devour white cheddar mac and cheese with bacon will lure him out. ahhhhhhh eat like an animal. devour.

>> hurricane watch is in effect for coastal texas as tropical storm beta gains strength in the gulf of mexico some 290 miles east of the rio

grande, packing sustained winds of 60 miles per hour. the storm threatens to lash parts of texas and louisiana with rainfall and dangerous water conditions. leland: flames continue to burn through california as exhausted firefighters are in a losing battle against high winds and dry conditions, forcing residents to flee their homes, often times only the clothes on their backs. christina coleman is on the lines at monrovia, california. hi, christina. >> hi, leland. good morning. right now we're at a command post where firefighters have been staging to fight the bobcat fire. now, this fire has split three ways since last weekend and exploded in size prompting more people to evacuate and leave their homes as quick as possible. this is one much dozens of major fires burning in the west right now. the bobcat fire is burning in the angeles for rest, scorched

more than 91,000 acres a week ago and scorched juniper hills, and wind gusts more than 55 miles per hour fueled the flames and threatened the mount wilson observatory. firefighter crews have been working tirelessly to protect that structure. rain will help and offer some relief to firefighters in the pacific northwest. now, that rain is expected to help improve air quality in the region. yosemite national park will be closed at least throughout the weekend because of all the smoke from those fires. however, the rain is bringing other potential dangers, including possible landslides from loose debris and flash flooding in areas already scorched by the fires. at least thee counties were under flash flood warnings yesterday. meantime, jacob and jamie highland are recovering in icu from burns from the fire that ripped through central washington. their family shared this picture of them holding hands.

their one-year-old son died from the fire and they also lost their unborn baby. >> very hard to say, but my sister was pregnant, 14 weeks pregna pregnant. their baby didn't make it, up in heaven. they look little old couple through there and their love is holding them together. >> at least 35 people have lost their lives in these wildfires burning out west, including a firefighter who died battling the eldorado fire burning in northern california. that fire started about two weeks ago from a pyro technique device from a gender reveal party. leland. leland: the fire season isn't close to being over. christi christina, thank you. alicia: president trump is headed to fayetteville, north carolina after he and joe biden

held opposing events in minnesota. the state of the race up next. with less of the sugar you don't. [grunting noise] i'll take that. woohoo! 30 grams of protein and 1 gram of sugar. ensure max protein. with nutrients to support immune health.

ensure max protein. i had moderate-to-severes rheumatoid arthritis. i've always been the ringleader had a zest for life. flash forward, then ra kept me from the important things. and what my doctor said surprised me. she said my joint pain could mean permanent joint damage. and enbrel helps relieve joint pain, and helps stop that joint damage. ask about enbrel so you can get back to being your true self. enbrel may lower your ability to fight infections.

serious sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores have had hepatitis b, have been treated for heart failure or if you have persistent fever, bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress. enbrel fda approved for over 20 years.

>> president trump will be hosting a great american comeback campaign event in north carolina today. the president and his democratic challenger joe biden held duelling events last night as early voters headed to the polls. and griff jenkins is in north carolina with more details. hey, griff. >> hey, alicia. i think they found the two largest american flags in the state of north carolina for the rally. it's the president's fourth visit to the tar heel state this year, joe biden visiting once back in february and the ballot ground it is here because it's about a three and a half point race with biden in the latest poll ahead, compare that to 2016 when trump won the state by just about the same amount, three and a half points. what we don't know, alicia, whether or not the passing of

justice ginsburg will play a role in the election. we went down main street in fayetteville and talked to some of the north carolina voters. we met zack, and he is leaning towards trump, but interesting whether or not the president should nominate before the election. >> i think with the election upcoming, we should allow the term to serve and while i do think that i'm undecided and plan on voting the way i do, i would out of respect, i believe, would like to see the term finish before we nominate. >> now, if you look at fox news' latest polling on this issue, on the question of which candidate do you trust most to do a better job and picking an scotus candidate, and in duluth late yesterday weighing in on the passing of justice ginsburg and whether or not the president should nominate

something. here is what vice-president biden had to say. listen. >> there is no doubt, let me be clear that the voters should pick the president and the president should pick the justice for the senate to consider. this was the position of the republican senate took in 2016 when there were almost 10 months to go before the election. that's the position the united states senate must take today. >> now, biden's campaign called a lid earlier this morning and we do not expect any events live from him. although we know that thousands of starting to line up here at the trump rally in fayetteville annal' speak at 6:30 tonight and we'll talk to some. folks and bring that to you in the next hour. griff jenkins with some pretty enormous flags behind him. looks good. thanks, griff. >> the site of a trump rally.

for the state, we bring in from the south carolina state senate, josh, it's amazing how much tighter this race is than the trump campaign thought it was, it was six months ago they were talking how they were going to win everything they had and expand the map by five or six states and now it's joe biden who is up in each one of the battle ground states and they're having to play defense in places like north carolina. >> well, leland, it's good to be with you, i think it comes down to which poll people look at. i've said this before when you and i have had the discussions-- >> wait a minute, but, okay, forget the polling. just look at where president trump is going. he's going back to north carolina, and wisconsin and michigan, he's not expanding the map and hanging out in colorado. >> well, no, just because he's going back to the states doesn't mean he's losing the

statesments they were close then and president trump not as big a margin as he wanted, but even at a time a democratic governor was elected, north carolina is a purplish state compared to mine, but they'll split the ticket many times have a democrat governor and a republican presidential winner. i think that's likely this time and the interest generated around the u.s. senate election there, and with the passing of ruth bader ginsburg will make that electoral partisanship. leland: certainly somebody at the center of the partisanship and the debate every the nomination for the vacant supreme court seat is going to be the senator from your state, lindsey graham who is also in a reelection race. back in january, this wasn't a race. graham was up 13 points. the latest quinnipiac poll has graham tied.

this is a long time incumbent very powerful u.s. senator tied with a democrat in south carolina. >> well. leland: boy, didn't see that one coming. >> we are a more like lily to te the sugar out of the tea than sending jamie harrison. and the result of the poll here, polling 50-50, in a state 60-40 republican v democrat. i've seen the numbers that the graham team have seen here and my team is engaged with and we're watching north carolina, too, what we're finding in south carolina, in reality senator graham when you take the partisanship and consideration, is up about nine points potentially 10 points. leland: good perspective. you've got-- you've got internals that's a different, a different story. we look up though the map of states that are competitive, as

relates to u.s. senate races, south carolina is not on this. but it's fair to say, republicans have an uphill battle to keep the senate. what works in their favorite if there's an open supreme court seat or if they confirmed a republican supreme court justice? >> frankly, leland, i think if they can confirm a supreme court justice, if we can confirm a replacement for ruth bader ginsburg who is a constitutional conservative, i think that makes a stronger case for having a reelection of the senate republican majority. however, that's going to come down to which senators decide. we've seen murkowski and collins defect in terms of wanting this vote. i think senator romney is in the hot seat and i spoke to members this morning, all eyes are on romney, if the senator from utah decides to go ahead with a vote, they want to go ahead with the vote and i think that would energize the base to be sure. leland: interesting. tim alberta who wrote american

carnage, the take on the republicans moves in 2008 and 2012 has a slightly different take on that in twitter, one we'll get into in the next hour, josh, good to see you, we appreciate you taking the time and when we come back, we'll talk about your race. >> always good to be with you. leland: all right. alicia: we're remembering justice ruth bader ginsburg, not only for her lasting judicial legacy, but for her friendship across the aisle. >> the challenge is too make or keep our communities places where we can tolerate, even celebrate our differences while pulling together for the common go good. of many the main aspiration, it is my hope for our country and world. alright, everyone, we made it.

my job is to help new homeowners who have turned into their parents. i'm having a big lunch and then just a snack for dinner. so we're using a speakerphone in the store. is that a good idea? one of the ways i do that is to get them out of the home. you're looking for a grout brush, this is -- garth, did he ask for your help? -no, no. -no. we all see it. we all see it. he has blue hair. -okay. -blue. progressive can't protect you from becoming your parents, but we can protect your home and auto when you bundle with us. -keep it coming. -you don't know him.

>> our nation has lost a jurist of historic stature, we at the supreme court have lost a cherished colleague. we mourn, but with confidence the future generations will remember ruth bader ginsburg as we knew her, a tireless and resolute champion of justice. those are the words of chief justice john roberts on the loss of an inspiring legal mind. on a personal note from president bill clinton who appointed her in 1993, we have lost one of the most extraordinary justices ever to serve on the supreme court, he wrote, ruth bader ginsburg life and landmark opinions moved us more closer to more perfect union and her powerful sense reminded us that we walk away from our constitution's promise as our peril and that she exceeded even his very highest

expectations. alicia: and leland, we'll continue to cover the ledgedy of justice ginsburg and look to the future and for more on her legacy and what legacy and what this absence means on the court. we are now joined by senior fellow at king's college and constitutional law expert mark smith and law professor at university of memphis who teaches constitutional law and election law, steve mulroy. thank you for being here. and mark, let's begin with you, i'd first like to get your thoughts on the passing of justice ginsburg. >> well, ruth bader ginsburg is an american icon. her greatness is undeniable. even if you disagree with her judicial philosophy and her approaches to making decisions and even if you disagree with that, you cannot deny her importance on american law, her writings, her lectures, her decisions will be studied by lawyers, by judges, and by law students, far into the future. and even studies by those who

may have disagreed with her approaches to jurisprudence, she's no doubt a legal titan that will long be remembered. alicia: steve, your thoughts on her legacy and that the impact that the nation will forever feel. >> i agree with everything that mark just said. she will be remembered for generations and i teach a lot of her opinions in my constitutional law class. i think she can be remembered not only for the opinions that she wrote on the bench and some of other powerful dissent from the bench, but also as an advocate in the years leading up to her accession to the supreme court where she basically led the legal charge for women's rights. basically, the thurgood marshall of the woman's rights movements and both through her advocacy and through her opinions, she set the legal standard that now apply when it comes to any discrimination on

any party, along the lines of gender and any other ground as well. she really is icon and will be remembered for a long time. >> and i want to take a look at the legal landscape here because the justices right now are in recess and there are some major cases still yet to be heard by the supreme court of the united states and i'm just going to put up the list here of some of the major cases here, you have prader versus barr, google hllc versus oracle american inc. and tanzen versus tanzier. i hope i'm pronouncing that right. we have a 4-4 court now. and what case stands out as particularly-- and it's one a that we should be paying attention to. >> thee cases with the grand scheme, although they are important to the parties

involved, on the grand scheme of constitution of america, they're not particularly important cases, they're not like a gun rights case or a case involving, let's say, abortion rights. they're less significant in the constitution scheme. as a consequence, i suspect when you look at cases that are not of as grandiose, if you will, as some of these others, you tend to find not 4-4 splits. you tend to see decisions that come out 7-2 or 8-1 and i think there's a good chance on the four cases you're not going to have worry about, let's say, a tie. bear in mind it if you did have a tie when the justices go in to vote, what would usually happen in that situation, they would wait for another justice to join the court and then they would reschedule oral argument again. they would have another argument and internally with the odd number of justices, that's what would happen with any of the cases you displayed

are basically tied at 4-4. steve, do you agree with that that they may just wait on some of these? is there anything that stands out to you? >> they may very well wait. or sometimes, you know, you can have a tie and that's all right, it just means that the lower court decision stands. you may not have had as many ties as you might think because to the extent that any of these cases sort of split along ideological lines, while we might now have a sort of 5-3 split among conservatives and labor liberals on the court. some of the cases you mention are not constitutional cases. the one that's probably the most significant is not constitutional case is google versus oracle case which could really set up the standard for, you know, when we have int innovation. alicia: the tech area would watch that one. i'm so sorry, we're up to are a

break in the middle of your answer. thank you for joining us today. leland. leland: we're learning more about a party that ended in a hail of gunfire last night, why the police chief calls it a tragedy of epic proportions. (burke) at farmers, we know how nice it is to save on your auto policy. but it's even nicer knowing that if this happens... ...or this.... ...or even this... ...we've seen and covered it. so, get a quote today. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪

saturpain happens. aleve it. aleve is proven stronger and longer on pain than tylenol. when pain happens, aleve it. all day strong.

>> gunfire brought a deadly end to a party in rochester, new york, alex hogan is live in new york city as police have continued to search for clues. hi, alex. >> hi, leland. a terrifying turn of events at this back yard party in rochester, new york after the shooting, and one person who was there says there was so much gunfire that it sounded like the vietnam war. two people are dead. a man and a woman between the ages of 18 and 22 and we know that 14 others are injured. police say they don't know if one or multiple people opened fire on the crowd around midnight. no one is in custody. large parties are banned because of the pandemic and the rochester interim police chief calling the shooting a tragedy of epic proportion.

>> officers observed approximately 100 people running to and the 200 block of pennsylvania avenue. this was a very chaotic scene. we can see and observe multiple victims of gunshot wounds at that time. >> the city of rochester has been in the spotlight after protests for daniel prude, officers restained the 41-year-old who later died. and many of the departments leaders stepping down or dropping ranks. 8le -- 80 miles away in buffalo, new york, a party, people shot and one person has died. both of the shootings are not related, but the police departments in both cities are urging anyone to come forward with information that can lead to some kind of an arrest. leland. leland: alex, we'll continue to see if we get more from police. thank you.

>> we will continue to share memories of justice ruth bader ginsburg as a steady stream of visitors are stopping at the white marble steps to remember the woman in the nation's highest court.

verizon knows how to build unlimited right. start with america's most awarded network. i'm on my phone 24/7. then for the first time ever, include disney+, hulu and espn+. we're a big soccer family. "handmaid's tale ." i love "frozen ". then give families plans to mix and match, so you only pay for what you need. and offer it at a price built for everyone. plus, get the samsung galaxy s20 5g uw on us when you buy any note20 5g. and $300 when you switch. the network more people rely on gives you more. ♪ ♪ leland: the life and legacy of

supreme court justice ruth bader ginsburg, america mourning the passing of justice ginsburg. live pictures on the right-hand side of your screen of the steps of the supreme court where she spent over a quarter century of history, making history. that was as a justice. she made history at the supreme court long before she ever put on the robes of a justice. you can see the makeshift memorials there. 1 p.m. in washington, the justice passed away late last night. i'm leland vittert in washington. ashley: i am alicia akind a that in denver. -- acuna. mark meredith that has the late. >> reporter: all day long we have seen mourners, last night we saw those memorials begin, and ever since then we have seen them grow as people honor the legacy that she is going to leave behind, someone who always fought for equal rights.

people have been dropping by with flowers, cards, signs, i saw one woman openly sobbing early this morning before sunrise over ginsburg's death. ginsburg's law career started in the northeast attending some of the nation's top universities including cornell, harvard and columbia. after college she went to work for the u.s. district court up in new york, she was a teacher herself before helping to launch the women's right project for the aclu, and later she was also a judge on the u.s. court of appeals. but then, of course, president clinton nominated her to the high court back in 1993, she was confirmed by an overwhelming margin, became the second woman to serve on the nation's highest court. president clinton said her 27 years on the court exceeded his highest expectations. quote: her powerful discentre minded us as we walk away from our constitution's promise at our peril. npr reports ginsburg recently

told her family she did not want to be replaced until a new president was installed but, of course, there are strong indications president trump will nominate someone before the election. there have been no protests outside of the supreme court today, instead it's really been a chance to show respects. we've seen people mostly wearing their face masks but also having a chance to talk about what kind of legacy she's going to leave behind. it is a beautiful day here in washington, and we expect more people will come by as the news continues to send shock waves all over the globe. leland: president trump did tweet this morning he's going to move quickly to announce a supreme court nominee. kevin corke is at the white house. senate majority leader late last night said there would be a vote on that nominee. hard to imagine those statements weren't coordinated. >> reporter: yeah, i'm imagining you're right about that. listen, you and i have had a chance to walk through circumstances like this before, leland. it's always the prerogative of

the president to at least send a nominee over to the senate. whether or not the senate takes it up or not remains to be seen. we saw back in 2016 in the case of merrick garland, he never got an up or down vote, but this time with the president and senate of the same party, it very likely will be a nominee who will get an up or down vote. the life and legacy of ruth bader ginsburg is unique, to say the least, in the annalses of jurisprudence in this country, and yet her legacy is celebrated today. all the adulation will no doubt give way to speculation as we all wonder who the president will send up as the nominee to take up that open seat on the high court. he issued a statement: a fighter to the end, justice ginsburg battled cancer and other very long odds throughout her remarkable life. our thoughts and prayers are with the ginsburg family and their loved ones during this difficult time. may her memory be a great and

mag magnificent blessing to the world. here's the press secretary, kayleigh mcenany. >> she paved the way, and i remember you always paid a little bit closer attention when it was a scalia dissent, when it was a ginsburg dissent. ruth bader ginsburg notably going to law school, her husband gets cancer, she's raising a 3-year-old, on the law review. she really paved the way, she's made a place in american history that will never be forgotten. >> reporter: kayleigh mce nunny, justice ginsburg was often a legal foil, as you know, leland,s to the trump administration. and yet in death as in life, her fighting spirit is revered here in the nation's capital and abroad, and there are those who strongly believe that the open seat left by her death should remain open until after the upcoming election in 45 days. here's the senate minority leader, chuck schumer. recalling back what happened in

2016 to merrick garland, he said this in a tweet last night: the american people should have a voice in the selection of their the next supreme court justice. therefore, this vacancy should not be fulled until we have a new president. however, back in 2016 he he implored his fellow senators to fill the seat left vacant. he said this back then: attention, gop, senate has confirmed scotus justices in presidential election years, hashtag do your job. now, mitch mcconnell has made the argument that the merrick garland circumstance was because the president and the senate majority were not of the same party. that's not the case this time. the white house and the senate are both held by republicans, and so it would well imagine, certainly it would appear, that they will have a nominee, and we'll all learn about that pretty quickly, i imagine, leland. leland: you point out rightly is there's a lot of tweets on both sides of the aisle from 2016

that are not exactly aging well. kevin corke, north lawn of the white house, we'll see what we hear from the president throughout the day. kevin, thank you. >> reporter: you bet. ah liberty shah: a heated political fight is ranging among congressional members today over the timeing of a replacement of justice ginsburg who died at the age of 8 7. this as mitch mcconnell vows to hold votes on president trump's nominee. chad pergram is live with more. regardless of what mcconnell wants, can the senate confirm someone before the election? >> reporter: let's let history be our guide here. it takes an average of 40-45 days for a nominee to get a hearing, so if you're going to try to do this by the election, you know, we're right on the cusp of that, day 45 before the election right now. usually about 67-70 days before they actually get a confirmation vote. so that would be, again, if we look at precedent here, that

would be late november, early december. the other thing you have to look at is whether or not they have the votes. and this is going to be a tight vote in the unite senate. right now -- united states senate. right now it's 53-47 in favor of republicans, and the two senators i would look at first, susan collins of maine and lisa murkowski of alaska. susan collins is facing a competitive re-election bid, and she's indicated she i thinks it might be premature to move a nominee, same with lisa murkowski who was initially opposed to brett kavanaugh in 2018. she was technically, and i underscore technically, the only republican senator who who oppod that nomination. so again, the timing and the math is very important in the next couple of weeks, alicia. >> it seems like opposite day because what the democrats were saying then is different from what they're seeing now, senate majority leader minimcconnell in 2016 didn't pick pram

president obama's pick. >> reporter: that's right. mitch mcconnell said, yes, in an election year that's why we're not going to do it. the difference, of course, at least in the eyes of mitch mcconnell is you had a democratic president in barack obama and a republican senate. now you have a republican senate in donald trump and a republican -- republican president in donald trump and a republican senate. democrats think that they were robbed. there's that line in baseball, we was robbed, they think that should have been a seat that went to merrick garland back in 2016, and they have not lost sight of that a mere four years down the road. >> a can a supreme court nominee be filibustered? >> reporter: very tough. there has never been a a filibuster of a supreme court nominee. abe forties was already on the court he was filibustered for

that discussion, he then resigned. not someone who is new to become an associate justice. but back in 2017 mitch mcconnell executed some very interesting parliamentary chicanery here to lower the bar from 60 votes to cut off a filibuster, dropping it down to 51. he realized there was going to be a fill lu buster of neil gorsuch, so he lowered the bar from 60 to 51 votes. and, again, that's why if you have 51 votes, you going to be able to confirm somebody, if you don't, you're not going to be able to. so, no, you can't filibuster a nominee, so that's why the math is so important. if they're automobile to have mike pence break the tie or 51, maybe just lose at a minimum two republican senates, they will probably get this nominee, whoever it is, through the senate. alicia: i could do this all day. chald, thank you so much. [laughter] leland?

leland: better than google. most times he is. joining us now for more on the white house reaction, communications director alicia farr, north lawn of the white house. you know, saturdays during the elections normally busy at the white house. we appreciate you talking time. i won't make you play the name game, let's play the date game. president says you're going to move swiftly. what does that mean, before the first debate? >> well, leland, let me just start by adding our condolences to justice ginsburg's family and friends. she was truly an icon especially to women who honor her as a trailblazer. but to your question, we're going to move in trump time. he's already put out a list of potential names ahead of, ahead of the justice's passing of people that he would consider appointing to the bench. so he's been very transparent with the public. those names are out there, they're able to start seeing now the kind of jurist he would

appoint. and, you know, we're going to look to move in the coming weeks. i'm not going to get ahead of any announcements, but i think we've been very clear it is his prior i think the put a constitutional textualist on the bench and the fill the seat. leland: just in terms of how this works timing wise, and in 45 days out for a presidential election, especially this one, you've got to think of everything in that frame. tim alberta, the author of "american carnage," wrote this overnight: informed by the experience of 2016 and polling that suggests slippage among some of those voters who voted for the president because of how he treated the supreme court -- he, meaning the president -- could become convinced that keeping them hungry is the only guarantee of earning their support. after all, what kind of negotiator throws away a bargaining chip? there are ways for the famously disorganized administration to intentionally drag its feet. is there a possibility that we

don't have a vote before the election? >> well, whether we have a vote or not is really a question for the senate and for leader mcconnell, but it is fully this president's intention to do his job under the constitution and to appoint someone to the seat. and i would just note that, again, this president's not looking at timelines in terms of the elections. he's looking at following through on promises he made to the american public. he promised the kind of justices he would put on the supreme court. we've seen two of those picks already. we're not looking attar official timelines, we're looking at just doing our job for the republic, and the date of the election is irrelevant to that. leland: hard to imagine the date of the election is you are relevant for anything right now, but your point's well made. in terms of who he's going to pick, we picked three names from the list. this is from the john roberts reporting, perform i want to ask you to comment on any -- i won't

ask you to comment on any one of those specifically, because you made your point, but we began this talking about ruth bader ginsburg and the president's admiration for the justice. he said that last night in a statement. is there any discussion this morning about it being important to pick a woman? >> well, so the president's looking at the credentials of jurists and all sorts of different factors. i think it would be excellent if it were a woman, but we're not going to lock into any sorts of commitments on that. i think there's plenty of people who think that would be a good choice, but he's put out a long list of very, very qualified jurists, men and women, that he'll pick from. leland: well, noteworthy that alicia a was talking to -- [inaudible] in the last hour and couldn't nail down whether the biden campaign would even put out a list as the trump campaign and white house has. alyssa, appreciate your time. know you got to get back inside to work with, thank you. >> thank you. alicia: and now for the

democratic response and the biden campaign strategy in battleground states, here with us is ken salazar, former colorado senator. secretary salazar, thank you so much for being here today. we appreciate it. and i just want to give you just a moment to reflect on the life of justice ginsburg. >> thank you very much, alicia. ruth bader ginsburg is an icon in the lives of america, and her contributions to the jurisprudence of this country are almost unmatchable, what she did. so our hearts are with her and with her family. i knew her well, others on the biden campaign and team knew her well. the vice president presided over her hearing, and so it's a morning of sorrow and empathy with the ginsburg family and also a real time for everybody to come together and to honor her great life and her great legacy.

alicia: absolutely. as we move forward, though, toward election day, how do you see it changing, the landscape of the campaign? the vacancy? >> we've always known that the most critical, fundamental issues of the country are on the ballot this november 3rd. and those issues are intertwiewned with the united states -- intertwined with the united states supreme court. affordable health care and reexisting conditions, are -- pre-existing conditions, how with we going to deal with the issues of climate change and environmental regulations which are being challenged in so many different ways. so the issues that are existential for our country which find itself in a time of great crisis with the pandemic, with climate change, with racial justice, all of those issues somehow are going to find their way to the u.s. supreme court. and there needs to be a u.s. supreme court that is true to upholding the rule of law and doesn't play politics. and we have, frankly, seen from

president trump that he plays politics with everything as he will, i am sure, with his nomination for the supreme court. iowa lush shah: -- alicia: as we move -- first let's talk about the senate because it was hard to oversee the importance of the senate and those up for re-election before her passing, now it's even more so. i'd like you to take a listen to what judge andrew napolitano said to neil cavuto this morning about senators, especially vulnerable ones. take a listen. >> the so-called six vulnerable republicans, we all know who they are, will do what the polls tell them to do. if they think getting this nominee on the court before election day will help them get reelected, they'll do it. if they think forcing a vote on this person before election day will cause the democrats to take the senate, they won't do it. alicia: secretary, as you know, senator cory gardner, republican here in colorado, is considered one of the most vulnerable. what kind of pressure is on him

right now? >> you know, it's going to be immense pressure on him x he should do the right thing. he should do what i think the people of america want, and that's for the voters to decide this, because it's going to be so important in the lives of americans for generations to come. we're 45 days away from the election. the election ought to come, ought to go. the santorum to have of the election -- the victor ought to be able to nominate the successor to ruth ginsburg, and then the senate should move forward and do its job in terms of the process that goes on in the u.s. senate. the focus on all the senators including senator cory gardner is going to be intense, you know? i would be surprised if president trump would put forward a nominee that would be of the character of ruth bader ginsburg. so there's going to be intense scrutiny of cory gardner, and that's going to be true for all the rest of the senators across the country in those vulnerable seats. and at the end of the day, they

should take a position that the next president of the united states -- whether it's donald trump or whether it's joe biden, the winner of the election on november 3rd -- should be the one making the decision on who is going to succeed her. it will play, alicia, a very critical in the election of the u.s. senate and who remains in the majority after january 3rd on the first day, i think, of the new senate. alicia: a i've run out of time, secretary salazar, you are the cochair of latino engagement for the biden campaign, so we hope to have you back. >> i would be honored to do so, thank you very much. he that'll be an important conversation to wait for. as we continue to remember ruth bader ginsburg, she was so much more than just a supreme court justice. wife, grandmother, mother, she's also leaving behind a cultural

legacy that she would tell you with she could have never predicted. >> it was beyond my wildest imagination that i would one day become the notorious rbg. [laughter] i am now 86 years old, yet people of all ages want to take their picture with me. [laughter] amazing. hey, can i... hold on one second... sure. okay... okay! safe drivers save 40%!!! guys! guys! check it out. safe drivers save 40%!!! safe drivers save 40%! safe drivers save 40%!!! that's safe drivers save 40%. it is, that's safe drivers save 40%. - he's right there. - it's him! he's here. he's right here. - hi! - hi. hey! - that's totally him. - it's him! that's totally the guy. safe drivers do save 40%. click or call for a quote today. safe drivers do save 40%. start your day with secret.

secret stops sweat 3x more than ordinary antiperspirants. with secret, you're unstoppable. no sweat! try it and love it or get your money back. keeping your oysters growing while keeping your business growing has you swamped. (♪ ) you need to hire i need indeed indeed you do. the moment you sponsor a job on indeed you get a shortlist of quality candidates from a resume data base so you can start hiring right away. claim your seventy-five-dollar credit when you post your first job at indeed.com/promo

♪ if i could, baby i'd ♪ how can i, when you won't take it from me ♪ ♪ you can go your own way ♪ ♪ go your own way your wireless. your rules. only with xfinity mobile.

♪ >> i wish there were a way i could wave a magic wand and put it back when people were respectful of each other and were working for the good of the country and not just along party lines. someday there'll be great people, great elected representatives with who will say enough of this nonsense. let's be the kind of legislature the united states should have. liver joining us now to disruth bader ginsburg's extraordinary legacy and work is someone who followed the late justice and

her opinions very closely, fox news chief legal correspondent shannon bream. >> reporter: hey, alicia. alicia: this came as quite a shock, didn't it? >> reporter: you know, it did, we could count on getting a release from the court that explained exactly what was gown on with her when she ended up in the hospital or had a recurrence of cancer. she thought more information was valuable, so she didn't try to hide her hospitalizations. we knew pretty closely when those things were going on. just back in july when she talked about the recurrence of her cancer, she talked about the different treatments that they had tried and said that the chemo was working, that she felt good, and she planned to keep on with her work on the court, and it wasn't long ago she to fish yachted a wedding. she was feeling healthy and strong the, and really until the last few days that had been the progress know us.

lush liberty her determination and strength, her dedication to her work was something beyond measure, and i do know how close she was to her husband. they had such a tight relationship, such a loyal ity and love, and then he passed in 2010, and you had noted something about how she continued to work. can i you tell us about that? >> reporter: yeah. the day after he passed away i went to the court because there were arguments that day, and i actually was stunned to see her on the bench. i think any of her colleagues who were also very close to her husband, he loved to cook for them, i think they all would have understood if she wasn't there that day, but she was there, and she felt it was important to carry on. she said that's what marty would have wanted, for her to be there, her husband. so she's one of those people who was very openly devoted to her family but also to her career and found a way to balance that at a time when a lot of women were not coming out of law school, were not nabbing top

legal jobs, but she was determined to do both. she had both those passions and somehow found a way to rise to the highest legal position you could have in this country but also be a very devoted wife, mother and grandmother too. alicia: her vacancy is being knelt a number of ways a-- felt a number of ways across the country. the supreme court is in a ree access right now, but the justices have a number of cases to attend to in the fall. how do they go about doing that when you have eight justices currently? >> well, they do go on about their business. we already have the calendars for the first couple of months, knowing which cases they're going to hear and the dates, so there are significant cases. they wouldn't be at the court if they weren't plucked from the thousands of appeals that come in to them every year, so they have a very heavy case load. they've had a lot of emergency appeals related to covid and

mail-in ballots and executions. they're constantly working around the clock. and, you know, the number of justices has changed over the years. the constitution didn't set a number for them, but it's been at nine for a very long time, and we all know it's a challenge when you have a tie because any decision has no precedential value. it leaves the lower court that's there on appeal in place. so we saw this after the death of justice scalia very suddenly. there was a lot of talk about some of these big causes, one of them was a very big union case that everybody had been watching for years. and when you're left with a tie, it's very difficult for the justices, and you have to wonder sometimes if they're going to stay away from some of the more controversial decisions because they know that a tie vote is going to be viewed as kind of a wash by a lot of folks. they're going to continue with their work, and whenever they get that new number, they'll add them to the mix, but they'll continue hearing cases, and because of covid for now, they're going to start on schedule in october, but again by phone.

we won't all be in the courtroom with them for that. alicia: right. and as we look at names that president trump is considering, he has, over the course of the summer and the year, listed about 20 people. but that list is, obviously, getting narrowed at this time. what are you hearing in terms of names for nomination? >> well, because he's had two nominees already, he has met with a lot of the folks on this list, had conversations with them, they've been vetted to some extent. a lot of them you yet down into the final three or four group, there are some people that are very familiar to the president's team. they've been through their writings, their records. the names we we keep continuing to hear, judge amy coney barrett, her name has come up every time. she is most certainly in the top of the speculation of the list at this point. her name along with judge barbara la go what. that's what's being floated to me, all three of them are incredible judges, they all have very unique backgrounds and something they would bring to the court. obviously, conservatives would

like to see a woman join the court to be there as a bulwark against the liberal wing which now is left with two very strong female voices and, of course, justice ginsburg was the leader there. so, listen, we're talking about people that have different levels of judicial background, judge coney barrett is also a professor at notre dame. she had a very contentious hearing in the senate and she was pressed and asked about, well, the dogma lives very loudly in you, and she said, listen, nobody's personal religious views should color a what they decide as a judge, but some senators thought it was very inappropriate that she was pushed because she is of the catholic faith. judge lagoa is from the 11th circuit, she was the first hispanic female judge who was appointed to the florida supreme court. she's got an inspiring and unusual background story, as they all do, and judge parr is of the 6th circuit, put there by president trump. he is the first federal judge of asian, south asian descent --

liver liberty quite the list there. shannon bream, thank you so much for your expertise and your voice today. thank you. >> good to see you. her liberty you can catch shannon every weeknight with her show fox news at night at 11 p.m. eastern right here on the fox news channel. leland. leland: great coverage last night by shannon's tam. president trump and joe biden held dueling events yesterday in minnesota. president trump heads to fayetteville, north carolina, tonight. that's where we find griff jenkins. hi, griff. >> reporter: hey, leland. about five hours the president will be here, and the supporters are ready for him. we're going to talk to them after the break, but look at this, we've got trump 20 make america great shoes. ♪o, r. typical day during a work week is i'm working but first always going for a run or going to the gym.

i love reading. i love cooking healthy. it's super important to me. i was noticing that i was just having some memory loss. it was really bothering me. so i tried prevagen and it started to work for me. i wish i had taken prevagen five or ten years ago. prevagen. healthier brain. better life. my wife and daughter had been killed in an automobile crash, and lying in the bed were my two little boys. i couldn't have imagined what it would've been like if i didn't have insurance to cover them immediately and fully. forty years later, one of those little boys, my son beau, was diagnosed with terminal cancer, given months to live. i can't fathom what would have happened if the insurance companies had the power to say, "the last few months, you're on your own." the fact of the matter is health care is personal to me. obamacare is personal to me. when i see the president of the united states

try to eliminate this health care in the middle of a public health crisis, that's personal to me too. we've got to build on what we did because every american deserves affordable health care. i'm joe biden and i approve this message. (announcer)deserves improve your health, care. and strengthen your immunity., starvation dieting, processed foods, shakes, and diet gimmicks have made us heavier and sicker. the solution for losing weight the right way is golo. we help transform your body and change your lifestyle, so you can lose weight and get healthier. over 20,000 people of all ages, and entire families, switch to golo every week, because golo works. golo is a unique approach to weight loss that targets insulin resistance and body fat. insulin resistance makes it easy to gain weight and harder to lose it. golo is a patented system that uses natural plants and minerals, and sound nutrition to help your body convert fat to energy faster. so you'll lose weight

while improving your health and immunity. join over 1 million people who found golo, a smarter way to lose weight. let golo help you lose weight and reach your health goals quickly. head to golo.com. that's golo.com. i had moderate-to-severes rheumatoid arthritis. i've always been the ringleader had a zest for life. flash forward, then ra kept me from the important things. and what my doctor said surprised me. she said my joint pain could mean permanent joint damage. and enbrel helps relieve joint pain, and helps stop that joint damage. ask about enbrel so you can get back to being your true self. enbrel may lower your ability to fight infections. serious sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common. or if you're prone to infections, have cuts or sores have had hepatitis b, have been treated for heart failure or if you have persistent fever,

bruising, bleeding or paleness. don't start enbrel if you have an infection like the flu. visit enbrel.com to see how your joint damage could progress. enbrel fda approved for over 20 years. ♪water? why?! ahhhh! incoming! ahhhahh! i'm saved! water tastes like, water. so we fixed it. mio ♪ ♪ leland: president trump leaves for fayetteville, north carolina, in a few hours for a rally there. he and joe biden held opposing

events in minnesota last night. minnesota being a state the president hopes to flip red. griff jenkins, fayetteville, north carolina, with more. >> reporter: hey, leland. yeah, the president will speak at 6:30 tonight here, it's his fourth rally in the state this year compared to biden visited north carolina just once back in february. but you can see the people are lined up, so we want to ask them, they're all north carolinians. now, the president won by about 3.5 points in 2016, but he's trailing in the most recent polls. do you think the president will win and why? >> the polls are wrong. they were wrong last time. ing. >> reporter: all right, janice, what do you say, you know, how do you think the president's going to fare here, and do you think that the recent passing of justice ginsburg play a role? >> it's definitely going to play a role, but he's going to win all day long are. donald trump country. >> reporter: why would he win? >> he's popular. he's done what he said he was going to do.

he's going to do it for four more years. >> reporter: bobby, why do you think president trump can win this time? >> because he says and he does exactly what he means. he isn't a politician, he doesn't give you b.s., he actually does what he says he's going to do. and for the veterans, he's done the most. he's awesome. >> reporter: now, let me just say, meanwhile, the president and joe biden were both campaigning in minnesota yesterday, and with the recent news of ginsburg late yesterday, biden weighed in about her passing. here's what, a little bit of what he had to say. listen. >> there is no doubt, let me be clear, that the voters should pick the president, and the president should pick the justice for the senate to consider. this was the position the republican senate took in 2016 when there were almost ten

months to go before the election. that's the position the united states senate must take today. >> reporter: now, we expect to hear something from the president tonight and, of course, his supporters are very excited to see him. many of them have been to events before. meanwhile, joe biden has called a lid which means we don't expect to hear from him again today. leland? leland: griff jenkins, fayetteville, north carolina, home of fort bragg, thank you. alicia: what was supposed to be a night of fun turned into a tragedy. early this morning in rochester, new york, there was gunfire at a party that left at least two dead and over a dozen others wounded. alex hogan is live in new york tracking the story for us. >> reporter: hi, alicia. about a hundred people running around, that's exactly what police saw when they arrived on scene after a gunman opened fire on this crowd. and we know that 16 people were

shot, 14 of them are injured, but they are expected to recover, but 2 people -- a man and a woman who were you should the age of 22 -- are dead. police say several dozens of rounds were toured. no one is in custody just yet. the rochester interim police chief calling the violence unheard of and shameful. >> this is yet another tragedy where individuals are having to use illegal, unsanctioned house parties taking place at these properties which, number one, is not safe, you know, because of covid, because of the conditions. and then you add in alcohol and violence, and it just becomes a recipe for disaster. >> reporter: it's the chief's first week in the role and another high profile case, just last week the mayor fired the

previous chief over how he handled the situation. it's been weeks of protest since body camera footage caused outrage. and about 80 miles away in buffalo, new york, this morning another shooting outside a street party. five people were shot and one person dead. now that shooting took place around three a.m. this morning. again, these are not related. the city council in rochester urging anyone in the community with information to go to police today. alicia? alicia: alex hogan in new york, thanks. leland? leland: across the gulf coast, hundreds of thousands of people are trying to clean up and see what of their homes and livelihoods they can salvage following hurricane sally. charles watson, seminole, alabama, it is a pretty grim picture for so many there. hi, charles. >> reporter: hey, leland. luckily, most of the flood waters in this neighborhood where we're standing has

receded, but today is the first day people have been able to get in to really start to assess the damage. we've got a neighbor over here with some of his friends all morning long, they've been coming out pulling out sheet rock, wood, furniture that was completely ruined when the sticks river right behind this home sent water gushing through this property, ruining everything. this is cell phone video of what it looked like out here, about 4 foot of rushing water did happen quickly, and folks were not prepared for it. >> we felt like once every 22 years or every 30 years there's some bad odds. but when it happens, it's pretty devastating. they issued evacuation orders for us right here on this river. we've been down so many times but this time it hit. >> reporter: and the damage is widespread. it would be hard to find any home in this neighborhood that

didn't take on any water, and the water lewin on this home shows -- line on this home shows you just how high it got out here. and, again, people are just beginning to get back here and start the clean-up process. so far folks say they believe a lot of the homes in this neighborhood are going to have to be completely gutted. leland? leland: yeah. there's no damage really quite like flood damage in terms of what it does to everything from furniture to memories. charles watson in alabama, charles, thank you. new reporting on a recent phone call between chuck seem schumer -- chuck schumer and the rest of the democratic senators. what he says about a possible vote on a donald trump supreme court nominee, when we come back. non-valvular afib can mean a lifetime of blood thinners.

and if you're troubled by falls and bleeds, worry follows you everywhere. over 100,000 people have left blood thinners behind

with watchman. it's a one-time, minimally invasive procedure that reduces stroke risk-- and bleeding worry--for life. watchman. it's one time. for a lifetime. good morning, mr. sun. good morning, blair. [ chuckles ] whoo. i'm gonna grow big and strong. yes, you are. i'm gonna get this place all clean. i'll give you a hand. and i'm gonna put lisa on crutches! wait, what? said she's gonna need crutches. she fell pretty hard. you might want to clean that up, girl. excuse us. when owning a small business gets real, progressive helps protect what you built with customizable coverage. -and i'm gonna -- -eh, eh, eh. -donny, no. -oh. ♪ ♪ leland: in the past hour, senate majority leader chuck schumer held a call with fellow

democratic senators about the upcoming fight over president trump's supreme court nominee. our mike emmanuel and chad pergram reporting from capitol hill that schumer threatened nothing is off the table for democrats next year if republicans hold a vote. we bring in the host of the jamie weinstein show, jamie weinstein and axios cofounder, mike, start with you with your reporting from the last 18 hours or so. how do you square the very boisterous, threatening schumer line with what you heard last night from some senior democrats who viewed this really as a catastrophe for how to deal with a potential supreme court vacancy in the last 45 days before the election. >> well, it's partly why they're so angry, leland, that they know the republicans are likely to win this, but they're going to fight it as much as they can. so to translate that schumer statement, what senator schumer -- when he says nothing

is off the table next year if republicans go ahead with this, i would point you to three things. one, adding justices to the supreme court. republicans will call it court packing, democrats will call it court reform. sect, doing away with the -- second, doing away with the 60-vote threshold, and third, statehood for d.c. and pert eerie coe, a -- pert radioeco, a democratic wish list, and they're going to go for it if republicans jam this. las vegas e lee another four democratic senators would change the balance of the senate immeasurably. jamie, as we look at the rhetoric about this, and we were talking all through this with kevin corke at the white house who's bringing us tapes of folks in 2016 that sound awfully different. you tweeted, oh, wow, you have a video of the other party saying the opposite of what they're saying now. this should change everything.

occasionally, sarcasm can be missed on twitter, but i don't think we did in this case. >> no, you didn't. the reality is the supreme court is power politics, and whoever has the power is going to push through their agenda no water what they said two years ago, four years ago or yesterday. and this is what the case is right now with the republicans. they are in a power position here, and they are going to move ahead and very likely confirm a supreme court. now, chuck schumer's' trying to raise the possibility of what may happen next year if the democrats take the senate and the presidency, perhaps that is possible. it's hard to do some of these things. you've got to get some of their caucus onboard like joe manchin supporting some of the things that they want to do in terms of -- leland: mike -- >> go ahead. leland: i see youd nodding along. the democratic wish lust that you point out, these items are known. what are republicans thinking here, that it's worth the risk if they can put somebody on the

courtsome. >> 100%. republicans are convinced -- both sides, really, are convinced that president trump is going to get his sixth justice in a a court that's 5 3 now, 4-4, 5-3 if you count the chief justice with the conservative majority. to move that to 6 is a massive, historical accomplishment adding to a young justice and this will last. so, leland, that's the biggest part of their calculation, do they do this before the election or wait and do it in that lame duck between the election and january 3rd when the new senate is sworn in. and the inclination is to wait to be sure, but if they can do it now, they will. you never know what's going to happen as we saw last night, and so if they can pull this off, they will. [inaudible conversations] leland: we saw how the -- go ahead, jamie. i only got about 15 seconds. >> sure. some of these things have consequences. what happens if republicans win in november?

i know it doesn't look likely now, will it give those in the senate and the president the same thing, pass a supreme court further with conservative justices? leland: wow. >> when you put that on the table, you give legitimacy to the other party to go try to pursue them. leland: yeah. the reciprocity multiplier in 2020 has been significant. gentlemen, i know we're crunched here, we're going to have you both back because this isn't going anywhere for the next 45 days. appreciate your time, thank you. >> thank you. alicia: and the coronavirus pandemic reaching a grim milestone this weekend. we'll take a look at the startling new number coming out just days before the start of fall. that's next. ♪ ♪

hi, this is margaret your dell technologies advisor

to listen, is to hear more than what's being said... and offer the answers that make someone feel truly heard. i understand, let's get started call a dell technologies advisor today.

alicia: the coronavirus outbreak is expected to claim over 200,000 american lives very soon. kitty logan is live in london. >> reporter: huh, alicia. -- hi, alicia. that huge death toll, many other countries are struggling with a rise in cases, and governments are urgently putting new measures in place. here in the u.k., new lockdown measures have been introduced in many lawyers of the north affecting around a fifth of the population, the u.k. is starting

to see signs of a secondaway and more restrictions could be needed sooner lath rather than later. today the highest amount of cases recorded since may. other european countries also struggling with a surge in cases. in spain authorities ordered a lockdown in several areas of the capital, madrid, where rates of infection are highest. residents not allowed to leave their neighborhoods, parks are closed and shops opening is restricted. also a sudden jump in france, a daily infection rate that was around 13,000 cases, the highest in the country since the start of this pandemic. local authorities also imposing restrictions on gatherings. israel too now in its second national lockdown at the start of the holiday season, residents told to stay close to home for the next three weeks. many businesses also closed. and, alicia, scientists are

warning that as we approach the winter months, that there could be a further spike in the rates of infection around the world. back to you. alicia: kitty logan in london. thank you so much, kitty. and, leland, as we close up this hour, we just want folks to know that we will continue on the fox news channel to honor the legacy of justice ruth bader ginsburg. i'm alicia acuna in denver. leland: it's been a great couple of hours with you. important to new at this time not just about the politics, but what president trump said about ruth bader ginsburg, that she could disagree without being disagreeable, proved in her great friend antonin scalia, who are now reunited in heaven, as their friends would say. we'll see you tomorrow. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ to give you the protein you need

with less of the sugar you don't. [grunting noise] i'll take that. woohoo! 30 grams of protein and 1 gram of sugar. ensure max protein. with nutrients to support immune health.

but today... we brought a little enticement. devour buffalo chicken mac and cheese. there he is... what a magnificent beast. once he locks onto his prey, it's all but over.

oh wow. it's a female! ryan! looks like she's the alpha. typical! eat like an animal. devour. arthel: praise pouring on both sides of the aisle as we remember the life and legacy of ruth bader ginsburg who died yesterday at the age of 87 after long battle with cancer. one of the court's strongest liberal voices justice ginsburg leaves fight for equal rights of women. i'm arthel neville, hi, eric. eric: hello, everyone, welcome. you know judge ginsburg was appointed in 1993 by president clinton and she became american culture icon in her own