pretty impressive, maya. have a good one. right now on "america this morning," securing the votes. the major development in the battle to replace supreme court justice ruth bader ginsburg. as president trump announces he will name his nominee this weekend, the key senator now on board with the vote, and the front-runner, judge amy coney barrett facing more scrutiny over her religion. one senator now speaking out against anti-catholic bigotry. in the red zone, the new warning from health official surge covid cas.rting the top doctor saying the country needs a jolt. what the latest spike could mean for halloween and new advice for parents. ocean emergency. >> can somebody help me?

>> the desperate call for a man attacked by a shark off the coast of the florida keys. the newly released 911 call.egnr coming to the rescue. plus, the new lawsuit stemming from the crash that killed kobe bryant. why his widow is taking action against the sheriff's department. prime day. amazon saying prime day is back on after being postponed by the pandemic. and too young? the debate over the 6-month-old dubbed the world's youngest water skier. good wednesday morning, everyone. thank you for joining us. i'm kenneth moton. >> i'm deirdre bolton. mona is off. we begin the morning about the death and replacement of justice ruth bader ginsburg. her casket will arrive at the supreme court where she will lie in repose. >> the political battle to replace ginsburg has taken a new

step forward with a key republican senator now saying he will consider president trump's nominee. >> reporter: this morning, republicans appearing to secure the numbers they need to confirm president trump's pick to replace the late supreme court justice ruth bader ginsburg. >> if a nominee actually reaches the floor, then i will vote based upon the qualifications of that nominee. >> republican senator mitt romney's backing gives the party the votes to take up the nomination. last night in pennsylvania, the president thanking romney. >> now i'm happy. thank you, mitt. thank you. >> reporter: last week before ginsburg's death, trump saying this about the utah senator. >> mitt romney, he's a real beauty. he couldn't get elected dogcatcher right now in utah. >> reporter: the president has the constitutional authority to nominate a justice regardless of how close the election is, but democrats argue there should be no confirmation process to replace ginsburg yet because early voting is already under way in some states. >> if leader mcconnell presses

forward, the republican majority will have stolen two supreme court seats four years apart using completely contradictory rationales. >> reporter: but in 2016, months before election day, democrats worked to push through president obama's nominee before republican leaders blocked the vote in the gop-controlled senate. >> do you understand why many americans view this as a double standard? >> i can only repeat that we have an obligation under the constitution should we choose to take advantage of it to fill the vacancy, and i assure you that's very likely to happen. >> reporter: now the focus turning to the front-runner. federal judge amy coney barrett, a devout catholic. in 2017, she told senators her religious beliefs would not affect her decisions. >> 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: but barrett's possible connection to people of praise, a self-described charismatic christian group is now facing scrutiny.

sources tell abc news barrett has been a member of the group, and sources say members are encouraged to make a covenant or an agreement with god and are assigned a personal adviser. the group stopped using the term handmaid after the release of the hulu series "handmaid's tale." >> if i'm going to change things, i'm going to need allies. >> reporter: republican senator ben sasse described people of praise as a bible study group adding, these ugly smears against judge barrett are a combination of anti-catholic bigotry and qanon-level stupidi stupidity. it's unclear whether barrett is still a member of that group. the supreme court could soon face its first test in the wake of justice ginsburg's death. republicans in pennsylvania are vowing to challenge a state ruling on voting by mail. last week pennsylvania's highest court extended the deadline for mail-in voting saying ballots postmarked by election day must be counted as long as they arrive within three days.

the ruling was seen as a victory for democrats. a scare in the air for air force 2 last night. watch the right engine of vice president mike pence's plane taking off. you see sparks and debris there caused by a bird strike over new hampshire. the plane returned to the airport and pence flew back to washington on a secret service plane. now to the pandemic and a new warning about halloween. the cdc is urging parents to refrain from traditional trick or treating. now suggesting another option as the country surpasses 200,000 deaths from covid-19. flags were placed at the base of the washington monument to pay tribute. one flag for every 10 lives lost. abc's alex presha reports cases are once again on the rise across this country. >> reporter: this morning, coronavirus back on the rise in more than half the country. the white house warning that at least 18 states are now in the so-called red zone. after showing a worrisome surge in new cases in august.

in missouri, nearly three-quarters of the state currently has moderate or high levels of community transmission while virginia just saw its second deadliest week ever, and in wisconsin, more than 80% of all counties are now seeing dangerously high levels of spread. the governor declaring a public health emergency tuesday and extending the state's mask mandate. >> i think it's, you know, one of the most critical steps that we can take right now. >> i hope that that understanding is not going to frighten people, but will jolt them into realizing that it is within our hands to prevent that. >> reporter: dr. anthony fauci saying the new numbers should be a wakeup call. >> we can't throw our hands up and say, it's hopeless. >> reporter: fauci also showing new hope for an imminent vaccine. >> i have said that i'm cautiously optimistic. >> reporter: but a new poll finds 6 in 10 americans say they will likely opt out of an early vaccine, and nearly a quarter say they'll skip the shot entirely. this as "the washington post" reports the fda is expected to announce tougher standards for

vaccine makers that could make it unlike lly a vaccine will be authorized before election day because vaccine volunteers would have to be monitored for two months after their second dose. president trump at a rally in pennsylvania last night praised his response to the pandemic. >> we did an incredible -- we did an "a" plus job. >> reporter: at that rally, he did not mention the death toll surpassing 200,000, but once again mocked joe biden were wearing a mask. >> he feels good about the mask. i wonder, in the debate. it will be him and i on the stage. is he going to walk in with a mask? >> reporter: meanwhile, the cdc is out with a new warning for parents ahead of halloween. >> we don't want halloween to be this massive transmission event where we bring all these kids back together. >> reporter: experts saying traditional trick or treating is too risky. >> here we go. >> so that's how you do it. that's how you get your candy. >> reporter: one dad in ohio came up with this candy chute, an idea now touted by governor mike dewine. instead of the traditional

door-to-door trick or treating, the cdc suggests grab and go treats that are left outside. it's also reminding everyone that a costume should not replace a mask when it comes to stopping the coronavirus. kenneth and deirdre? >> thank you very much. louisville, kentucky is bracing for reaction to a grand jury's decision expected soon in the breonna taylor case. the city has declared a state of emergency ahead of the announcement on whether the officers who killed taylor will face criminal charges. buildings downtown are boarded up. the officer who was shot during the raid on taylor's home is now speaking out writing an email to his colleagues. sergeant jonathan mattingly writing, we did the legal, moral and ethical thing that night. it's sad how the good guys are demonized and criminals are canonized. it's important to remember breonna taylor had no criminal record. in referencing protesters, mattingly wrote to his fellow officers, you do not deserve to be in this position that allows thugs to throw bricks, bottles

and urine on you and expect to do nothing. it goes against everything we were taught in the academy. the remnants of tropical storm beta are dumping more rain in texas. some areas of houston have received more than 14 inches. the rain bands will move to the north and east today. flash flooding is possible in new orleans. the floodwaters rose so quickly around houston this pile of ants floated away from a park. time now for a look at your wednesday forecast. checking the radar, a storm system is moving into the pacific northwest today. oregon and washington will see heavy rain which could trigger landslides in areas recently burned by wildfires. meanwhile, parts of utah, colorado, new england seeing drought conditions and that means earlier than usual fall foliage. checking today's high temperatures, mid 80s in salt lake city, denver east reaching as high as 70s and summer-like feel around the great lakes. you can see that there.

coming up, the top five places to live in the u.s. the new rankings out this morning. but first, two men are climbing an iceberg when the unthinkable happens. and the ceo of a major bank under fire. what he said about a lack of diversity in the banking industry. under fire. what he said about a lack of diversity in the banking industry. here's to the duers. to all the people who realize they can du more with less asthma thanks to dupixent, the add-on treatment for specific types of moderate-to-severe asthma. dupixent isn't for sudden breathing problems. it can improve lung function for better breathing in as little as 2 weeks and help prevent severe asthma attacks. it's not a steroid but can help reduce or eliminate oral steroids. dupixent can cause serious allergic reactions including anaphylaxis. get help right away if you have rash, shortness of breath, chest pain, tingling or numbness in your limbs. tell your doctor if you have a parasitic infection

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off the coast of the florida keys. >> can somebody help me? >> 911, what is your emergency? >> we are out at sea somewhere, and my -- we need help, immediately. >> reporter: the victim, 30-year-old andrew charles eddy was attacked by an 8-10 foot long bull shark while snorkeling with friends and family. the shark biting eddy's shoulder almost immediately after he entered the water. his pregnant wife reportedly drove dove in and helped pull him out. >> he is light-headed. >> okay. is the bleeding controlled right now? >> the bleeding is somewhat controlled. it's a big chunk taken out of his shoulder. we've got ice. the 20-minute run back to the beach, do you think that's safe or do you think we should act right away? >> you can head in to shore and we have ems waiting. >> reporter: he was air lifted to a miami hospital, and doctors describing his shoulder bite as severe. experts warn july through october is peak time for shark activity.

>> late summer, early fall, people are still in the water a lot, you know, sharks are -- are congregating in certain areas, are on the move, and so you can have attacks during those times. >> reporter: 58 shark attacks and shark bites have been reported worldwide this year. that's not even half the number reported last year. officials say the pandemic and the empty beaches are likely the cause of the decrease. kenneth, deirdre? the chief executive at wells fargo under fire for comments he made about diversity in the workplace. charles sharp reportedly told employees that the bank had trouble reaching its diversity goals because there were not enough qualified minorities. reuters reports the remarks were made during a company meeting. wells fargo defended the ceo's record saying he has pledged to double the number of black leaders at the company. prime day, only a few weeks away. amazon's annual sale has been rescheduled to begin october 13th.

the event usually held in july was postponed due to the pandemic. now there's a new list of the best places to live. "money" magazine looked at job opportunities, health, safety and quality of schools. though ranked columbia, maryland number five. rockwall texas and meridian, idaho were three and four. parker, colorado was number two best place to live and topping the list, evans, georgia just outside augusta. >> this especially in winter i'm sure. >> definitely. coming up, why a sandwich that richard nixon started eating 60 years ago is making headlines. but first, the new lawsuit stemming from the crash that killed kobe bryant. the disturbing allegations from his wife. killed kobe bryant. the disturbing allegations from his wife. people everywhere living with type 2 diabetes are waking up to what's possible with rybelsus®. ♪ you are my sunshine, my only sunshine... ♪ rybelsus® works differently than any other diabetes pill

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to fill his bag with narcotics before taking off. no one was hurt. kobe bryant's widow is suing the los angeles county sheriff's department over leaked photos from the crash site where her husband, daughter and seven others died. vanessa bryant claims that at least eight deputies took and shared photos of victims on their personal phones. she is seeking unspecified damages. a new statement from the sheriff's department insists that not one of the pictures has been made public. more nfl coaches are being fined for not wearing masks. jon gruden of the raiders, the saints' sean payton will each pay $100,000 for not covering their faces during monday night's games. the teams being fined $250,000. three other coaches were fined after sunday's games. notre dame's game against wake forest has been postponed after seven players have tested positive for covid-19. six others tested positive last week.

we turn now to questions being raised about a vaccine for the coronavirus earlier. i spoke to a doctor about the expected release. we also talked about a certain mineral that could help protect covid patients. dr. ali, "the washington post" is reporting the fda is trying to impose suffer standards for vaccine makers. pretty much guaranteeing we won't get a covid-19 vaccine before election day. what do we know about these new standards? >> with emergency authorizations, we had stipulations that the vaccine or the treatment may have to have some effectiveness, but it didn't have to prove a certain level of effectiveness. so the vaccine for example, may be effective in 30% of people, and that would get it to the point where it could be authorized on an emergency use basis. i think what the fda is going to try to do is try to increase it to the benchmark of 50%, and remember the vaccine can have side effects up to 40 days after the dose. so we'll be monitoring people

for 40 days after the second dose. so it may be some time before we see this ready for primetime. >> abc news has obtained an internal memo from fema detailing a substantial increase in covid-19 infections in many states. what are medical professionals seeing? we know college campuses reopening is one factor. do we know what else is to blame? >> we're seeing a large trend, and yes, college campuses are opening but also the labor day holiday and people are just getting their guard down. just one day we saw 300,000 new cases. that's up to 15% more than the last seven days. so it is quite concerning as we get into the fall season with flu. >> doctor, a new study finds lower zinc levels in the blood could increase your risk of dying from covid-19. what do we need to know about this new research? >> we don't know if it plays a role in covid like we know it does in rhinovirus.t il we d knt deficicys associated with

decreased immune system. you don't want to have zinc deficiency. will it help you with covid? we really don't know quite yet. >> our thanks to dr. ali there. coming up, tom cruise books a trip out of this world. and also, how young is too young? the debate over this water skiing baby. first, a reminder. you can watch "america this morning" each day on our streaming channel abc newslive starting at 3:30 a.m. eastern. stay with us. on abc newslive starting at 3:30 a.m. stay with us. ce-daily 3 in 1 copd treatment. ♪ with trelegy and the power of 1, 2, 3, i'm breathing better. trelegy works 3 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. do not take trelegy more than prescribed. trelegy may increase your risk of thrush,

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and stay asleep. nature made. the #1 pharmacist recommended vitamin and supplement brand. ♪ ♪ time to check "the pulse" on this hump day. we begin with the pint-sized water skier from utah who is making waves. >> yeah. rich humphreys is only 6 months old. his parents claim he is the youngest person ever -- i believe it -- to water ski. rich's dad you can see on the boat next to him. he appear to be enjoying it, both of them. >> some critics are slamming the

parents calling them cruel and irresponsible. rich's importaparents say they t worried. they'll be on "gma" later. tell us what you think at atmfans.com. tom cruise taking his cruise to new heights. >> booking a spacex rocket along with his "mission impossible" director. >> they are set to lift off next fall for the first ever film shoot in outer space. next up, richard nixon memorabilia. >> an illinois man has kept a half eaten buffalo chicken sandwich that nixon munched over 60 years ago. he left the sandwich behind. >> the sandwich has been kept frozen in a container labeled, don't throw away. finally, a colorado family captured a wild scene on their security cameras in a two-hour period. there was a spontaneous wildlife parade. first a bear wandered onto their patio, and then a lion casually as one does strolled by. >> no. >> eventually a deer dropped in. the deer we have to think is

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checking the top stories, the house passed a measure to avoid a government shutdown. the bipartisan spending bill will keep the government running into december, and includes covid-related food aid. it is expected to be approved by the senate before next week's deadline. a cia assessment reportedly shows that vladimir putin is not only aware, but is probably directly involved in russian efforts to influence the u.s. election. sources tell "the washington post" putin and his top aides are believed to be orchestrating attempts to hurt joe biden. the family of a man killed by los angeles sheriffs deputies is disputing the sheriff's account of the shooting.

investigators say dejon kizay tried to pick up a loaded gun. but his attorneys say he was trying to surrender. in an independent autopsy, it found he was shot 15 times. the weather, sunny along the east coast. rain fro avrainn the pacic t and around surfedavfinae woman o >> will ganss shows us that record-setting ride. >> reporter: the biggest wave surfed by anyone this year, all 73 1/2 feet of it, you might want to say gnarly wave, bro. >> it's like i told the guy on abc, danger is my business. >> reporter: but this surfer isn't your bro. her name is maya gabeira, and she's a new world record holder. the monster wave she surfed off the coast of portugal, even shocking veteran experts. >> i knew for sure it was going to be in contention for the biggest wave of the year, if not, one of the biggest waves ever ridden.

>> reporter: maya's wave isn't only the biggest ever surfed by a woman, but experts say it's indeed the largest wave surfed by anyone, man or woman in the world this year. >> this calculation was done very carefully, and i think as well as could be done based on what sort of data that -- that was there. >> reporter: maya writing on instagram, i never thought that this could happen. still feels surreal. to have a woman in this position in a male-dominated sport is a dream come true. the brazilian big wave surfer sharing this video. the crashing of the waves almost deafening. the 33-year-old saying of the february surf, the thing i remember most about this wave was the noise when it broke behind me. i was quite scared to realize that intensity was so close to me. >> i never saw myself as a feminist when i was creating my path, you know, i just -- i literally just -- just didn't see limitations. >> reporter: maya saying, quote,

i like to make something that seems so impossible to be possible because then it's so much easier pro pretty impressive, maya. have a good one. right now on "america this morning," securing the votes. the major development in the battle to replace supreme court justice ruth bader ginsburg. as president trump announces he will name his nominee this weekend, the key senator now on board with the vote, and the front-runner, judge amy coney barrett facing more scrutiny over her religion. one senator now speaking out against anti-catholic bigotry. in the red zone, the new warning from health officials with 18 states now reporting a surge in covid cases. the top doctor saying the country needs a jolt. what the latest spike could mean for halloween and new advice for parents. ocean emergency.

>> can somebody help me? >> the desperate call for a man attacked by a shark off the coast of the flo