"good morning morning america." right now on "america this morning" epic fight. the battle to replace supreme court justice ruth bader ginsburg intensifying overnight. new statements from president trump and senator lindsey graham. both political parties accused of hypocrisy. how joe biden is explaining his own comments in 2016 when he said the president should get a chance to nominate a justice even if only a few months before the election. also overnight tropical storm beta makes landfall. the threat along the gulf coast including areas still without power after hurricane laura. developing right now, a state of emergency. the new move by police preparing for a major decision in the breonna taylor case, the emt shot and killed by police in her own home. whate' learning about the

officers involved. ellen under fire. the talk show host apologizes after accusations of a toxic workplace. why critics claim her apology wasn't enough. the effort to save a horse in life threatening danger. it's been a challenging year. from the pandemic to historic wildfires, hurricanes, even murder hornets. so this morning we unveil the new emoji for 2020. good tuesday morning everyone. thank you for joining us. i'm kenneth moton. >> i'm deidre bolton. mona is off today. we begin with the battle to replace supreme court justice ruth bader ginsburg. >> abc news has learned the leading nominee is amy coney barrett after meeting with president trump yesterday. sources say she spent a considerable part of the day at the white house. the president is expected to announce his choice by the end of this week. >> first a historic tribute is planned for justice ginsburg. her casket will arrive tomorrow

at the supreme court where she will lie in repose until thursday. >> friday she becomes the first woman to ever lie in state at the u.s. capitol hill. the high stakes battle over her replacement intensified overnight. this morning justice ruth bader ginsburg's death is reshaping the race for the white house with 42 days before the election. president trump says he plans to name his nominee for ginsburg's replacement by the end of the week insisting last night he welcomes the democrat's threat of a second impeachment to stall the nomination. >> now they want to impeach me again if i nominate. go ahead. i want them do that. >> reporter: now democrats and republicans are defending their previous arguments about filling a vacant supreme court seat. gop senator and the chairman of the senate judiciary committee lindsey graham said that republican senators have the votes to confirm trump's nominee. >> we'll report the nomination out of the committee to the

floor of the senate. we can vote before the election. >> reporter: two years ago graham said republicans would not take up a nomination during an election year. >> if an opening comes in the last year of president trump's term and the primary process has started, we'll wait until the next election. i've got a pretty good chance -- >> you're on the record. >> yeah. hold the tape. >> reporter: republican senate leader mitch mcconnell making this promise about filling ginsburg's seat. >> this senate will vote on this nomination this year. >> reporter: that's not the position he took in 2016 when he refused to consider president obama's pick to fill justice scalia's seat months before the election. >> let's let the american people decide. >> reporter: mcconnell says now it's different because the senate and white house is controlled by republicans. joe biden said in 2016 the president has a constitutional

duty to nominate a justice even a few months before an election. >> i would go forward with the confirmation process as chair. even a few months before a presidential election. >> reporter: biden says this year is different because voting has started in this election. >> how is it different from 2016? >> 2016 there was nine months to go. it was an election year. it was in the midst of annu election. there's a big difference. >> reporter: the white house says president trump met with one of his top contenders monday amy coney barrett. she's a devote catholic with seven kids. her faith came up in the confirmation for her current post. >> it's never appropriate for a judge to impose that judge's personal convictions whether they derive from faith or anywhere else on the law. >> reporter: some republicans insist trump's nominee publicly support overturning roe v. wade. in her short time on the federal bench barrett has considered two abortion cases, ruling against both of them. four republicans would have to join democrats to block a confirmation.

susan collins and lisa murkowski said a vote should wait until after the election. we could hear from mitt romney today. cory gardner says he will consider trump's nominee. tropical storm beta made landfall overnight. it's threatening the same areas of the gulf coast hit by hurricane laura. this time the texas coast could see the worst flooding. at least 20 water rescues have been reported so far in houston. here's alex presha. >> reporter: this morning tropical storm beta roaring ashore along the gulf coast. the slow moving storm triggering flash floods in the houston area. >> i'lsh you peoe wading through wa they try to higher g >> reporter: 11 million people under flash flood watches in texas and louisiana. >> it's the most flooding we've seen here in ten years, since right after ike. >> reporter: the season's 23rd

named storm churning the surf, causing parts of this peer in galveston to collapse. matt gutman is there. >> down these stairs in about 50 yards in that direction is where the shoreline used to be. now it's been consumed by the storm surge. >> reporter: beta stirring huge swells in the gulf captured by a boat engineer out at sea. the storm is expected to linger along the coast for two days dumping up to 6 inches of rain, even across areas of louisiana still without power after hurricane laura just three weeks ago. alex presha, abc news. >> our thanks to alex there. southern california shifting winds have been pushing a wildfire towards the mt. wilson observatory. that's above los angeles. the bobcat fire is one of the largest in l.a. county's history. 105,000 acres. officials have identified the

firefighter who died battling a wildfire sparked by a gender reveal party. charlie morton was 29. the coronavirus death toll is expected to surpass 200,000 deaths today. infections on the rise in 33 states. experts say labor day parties could be to blame. the cdc has abruptly reversed its new guidance on how the virus is spread. it first acknowledged the virus spreads mainly by air, then took it back. it says the guidance was posted by mistake. president trump addressed the pandemic last night in ohio. he claimed the virus affects quote virtually nobody. >> in some states thousands of people, nobody below the age of 18, nobody. they have a strong immune system. who knows? take your hat off to the young. they have a hell of an immune system. it affects virtually nobody. it's an amazing thing. >> the president gave himself an a plus for his handling of the pandemic. the nfl has fined three

coaches and their teams for not wearing masks. the seahawks, broncos and 49ers have to pay $250,000 each. the coaches will pay $100,000. we turn to developments in the breonna taylor case. she was shot by the police in march. the police department has declared an emergency as we learn more about the officers involved. here's megan tevrizian. >> reporter: this morning police in louisville declaring a state of emergency as the department prepares for a decision to be handed down in the matter of breonna taylor's shooting death. federal buildings and other downtown businesses already boarded up. the police chief canceling all vacation requests within the department. that will ensure officers are standing by. the announcement coming from kentucky's attorney general will decide whether criminal charges will be filed against four officers involved in taylor's death. it comes as the department is also separately investigating those officers and two

additional detectives for their role in the shooting. taylor was shot march 13th. she and her boyfriend ken net walker were sleeping when three plain clothes officers executed a no-knock warrant. it was part of a drug investigation len investigation linked to taylor's exboyfriend. >> this is not a woman who would sacrifice her life and her family's morals and values to sell drugs on the street. >> reporter: walker said he fired at the door thinking it was a break-in. officers returned fire striking taylor eight times. investigators never found drugs or drug money in the apartment. taylor's death sparking nationwide protests against police violence. earlier this month, the city reached a $12 million settle with taylor's family in a wrongful death lawsuit.

the settlement also includes a list of police reforms. although police are preparing right now, there's still no word on a time table for the attorney general's decision. after breonna's shooting death three officers were placed on administrative leave and one was fired. kenneth, deidre? >> megan, thank you. both deputies ambushed in compton california were released from the hospital. the female deputy was discharged monday, five days after her partner. both are expected to face long recoveries. the shooter is still on the loose. the reward in the case is $640,000. time for a look at your tuesday morning weather. other than the rain from tropical storm beta it's a quiet radar across the country. a new storm system could bring clouds and showers to the pacific northwest later today. checking the temperatures, seattle reaches 69 degrees. summer like readings in the midwest. chicago and minneapolis in the low 80s.

that's about ten degrees warmer for this time of the year. 70s across the south. mild in the northeast. 102 in phoenix. coming up, an apology from ellen degeneres. is it enough? the man who shot john lennon revealed why he did it. the nfl player who gave a fan his wedding ring by accident. accident. a nature made helps you win the night.

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was seeking glory. a transcript from mark david chapman's parole hearing quotes chapman as saying he shot the former of his lifestyle. his parole request was denied. we turned to ellen degeneres back on the air for the first time since accusations of racism and misconduct behind the scenes. she apologized, but critics aren't letting her off the hook. >> reporter: just moments into her 18th season ellen addressed her critics after months of allegations that her show fostered a toxic workplace. >> if you're watching because you love me, thank you. if you're watching because you don't love me, welcome. >> reporter: after some humor, an apology, she addressed her show's culture behind the scenes. >> i learned things happened that never should have happened. i take that very seriously. i am so sorry to the people affected. i know i'm in a position of privilege and power. i realize with that comes responsibility.

i take responsibility for what happens at my show. >> reporter: reports surfaced earlier this summer citing dozens of former employees claiming workplace misconduct, harassment and racism. three top producers pa with the show after an investigation. warner media said it found some flaws in the show's daily management. >> we have made the necessary changes. today we're starting a new chapter. >> reporter: her apology drawing criticism. this tweet questioning her claim of still learning and growing at the age of 62. "variety" said the apology had a feeling of obligation and of being over it all. "the daily beast" said the apology won't satisfy anybody. "buzzfeed" which first reported the allegations says a former employee said not only did ellen turn my trauma into a joke, she somehow managed to make this about her. >> i am that person that you see on tv.

i am also a lot of other things. sometimes i get sad. i get mad. i get anxious. i get frustrated. i get impatient. i'm working on all that. >> ellen defended her character, but pledged to do better. coming up how cruise lines hope to get back into business. the scramble to save hundreds of whales that have become stranded and the mystery over how it happened. fda-approved once-dailynly 3-in-1 copd treatment. ♪ trelegy ♪ the power of 1,2,3 ♪ trelegy ♪ 1,2,3 ♪ trelegy woman: with trelegy and the power of 1, 2, 3, 'm brthg better. ♪ trelegy trelegy works three ways to open airways, keep them open and reduce inflammation, for 24 hours of better breathing. trelegy won't replace a rescue inhaler for sudden breathing problems. trelegy is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it.

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home instead. create your story with pandora jewelry. receive a free bracelet with purchase. back with the race to save hundreds of whales near australia. about 270 are stranded on a sand bar. about 90 have died. scientists don't know what brought the whales to the area. rescuers are using equipment to try to push them off the sand bar. major cruise lines have drawn up safety plans in hopes of resuming sailing to and from the u.s. they're vowing to test all passengers and crew before board. everyone will be required to wear a mask when social

distancing is not possible. ventilation systems on the ships will be updated. the plans must be approved by the cdc. bo the vaccine trouthcororsce timeli face coverings. the cdc has created more confusion after issuing new guidance about how the coronavirus spreads throughout the air, then retracting the update saying it was posted by mistake. walk us through this. what do we need to know? >> it points towards it being in the air and not some type of more nefarious political motivation. unfortunately it is a bad topic to make a mistake on. it's unfortunate to send mixed messages around this. we've gotten mixed messages before from federal departments. it doesn't help. >> we're learning more about how

a covid vaccine will be distributed. we're hearing children won't be eligibility for the coronavirus vaccine. what are you learning? >> at the pace these trials are progressing, by the time the early doses are ready, we might not have enough safety data for children. so when you balance that against the fact that children are less likely to have severe outcomes from covid, the risk/benefit ratio might not make sense in early days. that could change between now and the spring. in regards to the distribution plan in general the federal government released initial plans like having the d.o.d. in charge of the logistics, working with the state department which is all very good. i haven't heard a lot about how we'll ramp up production. >> at the start of the pandemic we heard about a major shortage of n95 masks for health care workers to protect them from the virus. six months later there's still a shortage. why is this? how much of a concern is it as we head into flu season?

>> there's a few things going on. one covid cases cases haven't dropped much. they're still going strong. they'll probably ramp up going into the winter. the demand and need has continued to be very high. also the supply that we have is distributed. >> our thanks to dr. rivera. coming up the nfl's big debut in las vegas. the shocking price tag for this pair of jeans with grass stains on them. lung cancer can take away so much. but today there's a combination of two immunotherapies you can take first. one that could mean... a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread and that tests positive for pd-l1 and does not have an abnormal egfr or alk gene. it's the first and only approved chemo-free combination of two immunotherapies that works together in different ways to harness the power of the immune system. more nights. more beautiful weekends. more ugly sweaters. more big hugs.

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vegas. vegas sealed their win over the saints with a field goal. a sigh of relief for a player on the indianapolis colts. >> he was so excited he just couldn't hide it. he threw his gloves to some kids in the stands. stuck inside was his wedding ring. >> a family member of the kids tweeted about it. leonard tweeted back, i need that. they organized the ring's safe return. next some people willing to pay for jeans with holes in them. what about dirty jeans? >> gucci selling grass stained jeans for $1,200. >> the collection features grass stained overalls for 14 hundred dollars. look at the newest emojis. they express 20 perfectly. here is the mending heart emoji, an exhaling face and face in the clouds emoji. >> this one sums up 2020, a face with spiral eyes. that's how we all feel.

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checking the top stories. supreme court justice ruth bader ginsburg is making history even in death. she'll be the first woman to lie in state at the u.s. capitol. president trump expects to announce a nominee for the court this weekend after meeting with amy coney barrett. senator lindsey graham says they plan to vote before the election. airline ceos head to capitol hill to appeal for more coronavirus relief funds. they warn they'll have to start cutting thousands of jobs next week without an extension. british authorities have raised their alert level because of a surge in coronavirus cases. that could trigger anoth lockdown. pubs and restaurants will be forced to close at 10:00 p.m. today's weather tropical storm beta triggering flash floods in texas, including houston. 6 inches of rain possible. warm in the upper midwest. rain coming to the pacific northwest tomorrow.

finally, what's next for th emmy nss takeus to the eek. d youo er to >> reporter: "friends" didn't do it. >> you know how to take the reservation. you just don't know how to hold the reservation. >> reporter: while "seinfeld" reserved a spot in history, the little show from canada holds all the records at this year's emmy awards. >> reporter: sweet's creek becoming the most winning comedy ever picking up nine wins and sweeping all the major acting categories. the show will air in full on comedy central beginning october 2nd. that same week netflix will release the sixth and final season. if you want to skate on to the band wagon, here's what you need to know. the rose family have to move to a small town after their family

fortune is swindled away. the show written where there's no place for ignorance. >> you're open to all wines. >> reporter: moira rose a formally hollywood hot shot and her family navigating small town life. >> look at you dolling out gift after gift this morning. >> reporter: realizing their money isn't the be all end all, family is. the show exploding in popularity after humble beginnings. a small budget that never really grew over six seasons. fans falling in love with the television academy did this year. as for the future of the rose family, dan levy says if he gets a great idea he's open to working on a movie. he said he hopes an idea pops into his head. he said he wants to work with the cast and crew again, asap. fingers crossed for that one. >> it is a hit. that's making news in america this morning. "good

morning morning america." right now on "america this morning" epic fight. the battle to replace rusuth ber ginsburg intensifying overnight. new statements from president trump and senator lindsey graham. both political parties accused of hypocrisy. how joe biden is explaining his own comments in 2016 when he said the president should get a chance to nominate a justice even if only a few months before the election. also overnight tropical storm beta makes landfall. the threat along the gulf coast including areas still without power after hurricane laura. developing right now, a state of emergency. the new move by police preparing for a major decision in the breonna taylor case, the emt shot and killed by police in her own home. what