this morning and how soon before full power is restored. plus -- >> i pledge to you and to the american people that i will discharge my duties to the very best of my ability. >> judge amy coney barrett soon to be supreme court justice barrett after taking the first of two oaths. a washington insider breaks down how she may impact future rulings. and requesting a refun, the all new push by businesses for cash back after being forced to close due to the pandemic. "today in the bay" continues right now. good tuesday morning to you. thank you for joining us. i'm laura garcia. >> and i'm marcus washington. mike will keep an eye on the commute for us. we'll get to that in a bit. first we start with meteorologist kari hall with a look at fire danger here in the bay area. yeah, we are still under that red flag warning for our north and east bay hills. we're still looking at high wind

gusts even this morning and that red flag warning has been extended until 5:00 this evening. warm temperatures will continue today as we will have some calmer weather by the end of the week. we'll take a look at all of this in the forecast coming up. mike, how is it looking for the morning commute? it's looking calmer as well. observing, very calm in general. green spencers around the bay, oakland toward 23rd a lot less slowing than before. we think those crews might be clearing earlier even though they've been given permission later. gusty winds across the benicia and antioch as well. back to you. >> those winds kari was talking about, the red flag warnings still in effect with high fire danger. and that's why thousands of people across the bay area are waking up without power. "today in the bay's" bob redell is live for us in downtown orinda. bob, any word when the power

will be restored there? >> reporter: pg&e says places like orinda behind me will have their power back on by today, tonight at the latest. pg&e shut off power sunday night. thousands of people here in the bay area, the majority in contra costa, alameda, napa and sonoma counties to prevent wildfires during yesterday's high wind event which pg&e reports maximum gust in the high 60s to high 80-mile-an-hour range. power is supposed to be restored last night but pg&e was unable to fly helicopters to inspect power lines and equipment, which is something they must do before restoring electricity. stoplights are still out, businesses remain closed, gas pumps shut down. last night people were buying ice to try to save perishables. >> takes me back to when i was a kid before we -- you know, a lot of times in the midwest you'd have storms and no electricity. so you got used to it. >> reporter: i can relate as

someone who is from the midwest. pg&e has set up charging stations like this at the presbyterian church. a look at the pg&e website shows the current power outages for the bay area statewide 345,000 people lost power. less than half restored. 1,000 still without power in the bay area. pg&e found likely 13 pieces of electrical equipment damaged by yesterday's wind storm. reporting live, bob redell, "today in the bay." >> thanks so much, bob, the extreme fire risk will keep the east bay parks closed another day. the park district extending the closure of 11 regional parks in the east bay hills until 8:00 tomorrow morning. the parks aren't considered safe with wind gusts up to 730 miles an hour along some of the ridge lines. >> we're tracking the winds and power outages very closely for you. you can get also up-to-the-minute weather and

breaking news sent straight to your phone with our free nbc bay area app. a great time to download the app right now. >> america's newest supreme court justice expected to take her seat this morning. a white house ceremony was held last night. "today in the bay's" tracie potts joins us live with a look at what this all means. tracie? >> reporter: hi, good morning, laura, good morning, everyone. it means that the court is now full. before the election and the president wanted his third appointment since being in office. a late night unofficial oath at the white house followed by the official swearing in today. confirming amy coney barrett as the latest justice to the u.s. supreme court. >> and i pledge to you and to the american people that i will discharge my duties to the very best of my ability.

>> reporter: justice barrett promising to be impartial after a bitter partisan fight over her confirmation rushed in record time before next week's presidential election. >> throughout her entire confirmation, her impeccable credentials were unquestioned, unchallenged and obvious to all. >> reporter: the timing drew objection from democrats who wanted the winner of the election to make this appointment. >> the american people will suffer the consequences of judge barrett's far right out of the mainstream views for generations. >> our colleagues cannot point to a single senate rule that's been broken, not one. >> reporter: one republican, senator susan collins of maine, joined democrats in the closest supreme court vote in decades, 52-48. legal experts predict this will be the most conservative court since before world war ii. women demonstrating against her appointment.

justice barrett, the first mother of school-aged children on the high court, the first not to graduate from yale or harvard joining just in time to hear arguments on the affordable care act in two weeks. tracie potts, nbc news. to decision 2020 with one week to go until the presidential election. the candidates are holding rallies in battleground states. president trump holding a rally in lansing, michigan, and events in wisconsin and nebraska. democratic nominee joe biden will travel to georgia where the polls show the candidates neck and neck. happening today cal fire will give a status update on what's been a record year of wildfires. the agency says firefighters battled more than 7,200 wildfires this year consuming more than 4 million acres. currently cal fire crews are fighting 22 wildfires across the state. the newest burning in orange county. solano county supervisors will talk about recovery efforts from

the lnu complex fire, this one burned nearly 1,500 structures. and santa rosa leaders will discuss a new emergency ordinance to speed up the relief from the glass fire that destroyed about 650 homes. san francisco is poised to make it a crime to make up a racially biased emergency. the so-called karen act stands for caution against racially and exploited nonemergency. it is also for women linked to viral moments police were called off -- were called, rather, on black people surrounding minor or false claims. supervisors are expected to pass that act. it would become effective 30 days after the mayor actually signs it into law. things right now looking -- you can see here the latest look at the coronavirus numbers. california has more than 900,000 confirmed cases, at least 17,000

people sadly have died. there is a battle brewing between california and the restaurant industry. this is on booze. restaurants say state and county agencies continue to charge fees for liquor licenses not to mention health permits and other assessments all while businesses are shut down during the pandemic. there's more than $100 million in payments, not to mention government revenues and all of this is at stake. the industry has now filed an initial claim ahead of the possible class-action suit. the state has 45 days to respond. >> today san francisco leaders will debate giving new help for renters trying to make it in the bay. supervisors will review and possibly vote on the covid-19 red resolution and relief fund. a new report says renters in the city are missing up to $32 million a month in rent payments, and landlords missed out between $81 million and $192

million. voters are now deciding the proposition which would provide money to property owners who give tenants a break on rent. >> rent still high for a lot of people. trying to get a look at the forecast because it's something we need to be mindful of. high fire danger out there today, kari. what are we expecting with the weather today? we are looking at some calmer winds in a lot of our valleys but the winds are still roaring in the upper elevations. i want to show you mt. st. helena. sunday night a wind gust of 89 miles an hour. and within the past hour we've had wind gusts at 76 miles an hour. it's still windy there but notice elsewhere across the bay area some pretty light winds. napa and fairfield getting the wind speeds now at 10 to 15 miles per hour. so the red flag warning does continue so we are still looking at a high fire danger for today. this has been extended until 5:00 and does not include the santa cruz mountains, but a lot

of our hills in the east bay as well as the north bay. so we're still watching out for that fire danger and of course we have to be really careful here. as we head over to you, mike, we have to be careful during the morning commute. >> that's right, kari. normally we give wind advisories for the bay bridge or the san mateo bridge. not this morning although i'm saying it may be gusty as the chp warns the benicia bridge and the antioch bridge. the other bridges they're not talking about but, again, they may be gusting. a crash in brentwood. that's highway 4 at walnut that slows a bit. heading to the west. so watch that coming into the diablo, marsh creek roadway. other than that small crash no major incidents there. smooth drive across those spans. back to you. thanks so much, mike. 5:10 right now. unrest in philadelphia. still ahead on "today in the bay," 5:25, overnight clashes between police and protesters following a deadly shooting. what we're learning about some injured officers.

coronavirus continues to get worse, not better, and wall street has taken note and stocks had a really rough day on monday. plus -- ♪ i want it that way ♪ don't tell me what you want >> okay, we're taking the throwback and tossing it to tuesday. the throwback tuesday for you. the '90s song setting an all-new record this morning. you're watching "today in the bay." give you my world ♪

♪ how can i, when you won't take it from me ♪

♪ you can go your own way xfinity mobile's fast nationwide 5g network meets the first iphone with 5g. get the new iphone 12 on xfinity mobile. and right now get $250 off. learn more at an xfinity store today.

right now at 5:13 make some time to get outside today. let's check out the opportunities to get out in the backyard in oakland as we're home schooling and our morning start will be in the low 50s. much more comfortable by late morning into the noon hour. we're going to see temperatures here reach 75. we'll take a look at our microclimates and talk about the fire danger coming up. but, kari, some folks are heading back in already. the oakland road crew as we take a look at our camera and the nimitz by the coliseum. traffic flows smoothly here and between 23rd and 29th. those overnight crews are clear. another live look outside. just a few cars, only one coming toward us. clear drive, clear view. good stuff. what else i'm watching coming up. a very happy tuesday to you

as well. stocks plunged on monday as investors realized tuesday what we've been talking about for quite some time. one, coronavirus is getting worse not better, and there's virtually no chance of a stimulus before the election. the dow fell 650 points on monday, 2.25%. other indices fared better. airline stocks hit very hard, really anything that would be hurt by covid got hurt in the market. all this despite the rosy outlook from the white house. >> and we're rounding the turn. they hate it when i say it, with or without the vaccine, it's going to be great. we have numerous companies, all great ones, but we're rounding that turn anyway. we understand the disease. >> 41 states now have more hospitalizations now than they did last month according to numbers run by "the washington post." in fact, 42,000 americans were hospitalized yesterday. we don't have the overnight

fatality numbers yet but more than 2,000 americans didn't make it from friday to monday. many american households actually have more disposable income during the pandemic according to a study by goldman sachs. fewer households are paying mortgages or student loans thanks to forbearance programs. only about 7% of american households are getting a break on their mortgages, but it's close to half that are taking advantage of not having to take monthly payments on student loans. san francisco-based charles schwab says it will lay off about 1,000 people as part of its purchase of rival td ameritrade. there were redid you know dan sis created when they came together and charles schwab said those people would need to be let go. twitter has slapped labels on president tweet. there is absolutely no law or rule that says we must.

in fact, we can all but guerin tea we won't. this is rare video inside a convention center where the state of pennsylvania is prepping its vote counting machines. pennsylvania law says it can't start counting those ballots, you see there, until the mail -- those are mailed in ballots -- until election day. it's very important we in the media continue to hammer this point home. we probably, especially pennsylvania is in play. probably will not know who the next president of the united states is on election day and it's okay. >> definitely something we will all be staying up late to figure out. thanks, scott. >> and getting up early the next morning. it's 5:17 right now. google and ap teaming up to speed up results, creating a new webpage. voters can ask for election results on google's smart speaker. google hopes to minimize

misinformation during the election. it will ban election related ads after the polls closed november 3rd to prevent candidates from prematurely claiming victory. facebook's voter registration guide 4.4 million voters. the company launched a project in june to help people signed up through facebook messenger and instagram. trending for you that morning, a classic video game is entering the real world. take a look at your screen right here. so it's a life-sized model of pacman made in illinois. the designer carved it out of a maze to look just like the game, the mini tractor there, driven remotely by players in color coded pacs. like the real dim they eat up the dots and fruit. now that looks like a fun game. >> that would be fun. >> take the whole crew out there, a trip to illinois. all right, trending for you that morning, whitney houston's

grammy winning hit song "i will always love you" is setting new records. ♪ and i will always love you >> it is now the first sing from the '90s to reach 1 billion views on youtube. the song has averaged more than 350,000 views per day this year. and i think a lot of that has to do with those two boys -- have you seen them? they go back and they watch video videos for the first time and rediscovering music. it's also introducing music of the '80s and '90s to a whole new generation. >> it's so interesting to watch them watch the songs. they're like, wow, ooh. the biggest hit of whatever year it was.

it's cool to see. that song is a classic. >> cool to see their reaction. >> it is. >> and then we have to explain you used to be able to watch this thing called music television, mtv, and see music all day, reality shows. >> literally all day. >> those early videos. all right. here we go at 5:20 for you that morning. a look outside for you. meteorologist kari hall has a look at the hour-by-hour temperature forecast for us, kari, starting out nice and cool. >> yeah, let's get started. for today we're going to see a cool start to our morning around the bay area. a lot of 40s and 50s but mostly low 50s here as we take it into noon. we're going to see most of us reaching into the mid to upper 60s. a few low 70s. oakland at 71 degrees. and then for the middle of the day we'll see highs reaching into the upper 70s for a lot of spots, but then a few low 80s, too, like napa that will be 82 degrees. san jose at 77. livermore, 75. if you're planning to spend time

outside this evening going for a walk right before sunset it's going to be perfect. maybe a light jacket needed in a few spots especially near the coastline where we'll be dropping back into the 60s with some breezy winds. we do still have the concern of the high fire danger, a red flag warning continues for today. and this will be in effect through 5:00 this evening. and you can see all the areas shaded in red. this is highlighting our upper elevations and where we still have that high fire danger with those winds possibly still gusting 40 to 60 miles an hour. here is what's going on. we are still looking at high pressure across the region giving us those northerly winds. it will continue to weaken. we are looking at slightly warmer temperatures and i want to take to you a spot like concord in the east bay with a look at our seven-day forecast. it will get warmer the next few days. we have some upper 70s today. low 80s tomorrow and then we'll see a lot more 80s in the forecast going into the weekend and early next week.

overall our inland areas will mostly be a little bit above normal with some upper 70s and briefly touching the low 80s while san francisco will see some 70s but then cooling off as that fog returns to the coastline. mike, how is it looking right now for the morning commute? looking great, kari. the construction crew was given extra time but they're not taking it. that's good stuff for the nimitz. a smooth flow of traffic all around the bay. a little slowing building out of the altamont and for highway 84. our friends north of there in brentwood have that crash westbound highway 4 heading to marsh creek road. do keep that in mind, walnut. you can get around that. that's an early slowdown through the area. the rest of contra costa county and to the bay bridge, including the bay bridge, looking great right now and no problems. back to you. >> reporter: complain like a pro. i'm consumer investigator chris

chmura. we're flipping our expertise, reading complaint letters to help you write a more effective complaint letter. we'll show you how next. but first, you can always get your news updates on the go, on social media, be sure to watch our mini synced in shows. you're watching right now "today in the bay."

your clothes get damaged when you wash them. you can protect them when you use this. new downy defy damage can give your clothes total wash protection from stretching, fading, and fuzz.

new downy defy damage. vicks vapopatch. easy to wear with soothing vicks vapors for her, for you, for the whole family. trusted soothing vapors, from vicks

developing now protests in west philadelphia erupted overnight in the wake of a deadly police shooting. protesters gathered outside the police station, at least four officers were sent to the hospital after being hit by bricks and a police sergeant broke his leg. all of this took place hours after a person was killed. officers fired when he ignored orders to drop a knife. back to the recent surge in coronavirus. across the country about 41,000 people are now hospitalized, that's a 40% jump over last month. covid cases are up to at least 10% in all but eight states including here in california. our consumer team reads a lot of complaint letters viewers write to companies. >> many of them are off the mark, so chris chmura and his team decided to help you write a

better complaint letter. take a look. >> reporter: good morning. we have dos and don'ts. we put them together for our growing series of how-to videos on youtube. our goal with this video in particular is to help you get results. if you want to write a company to vent this is not the video for you. we want your words to prompt action like an apology or refund. one key, be brief. open with one sentence about why you're writing and the second sentence laying out what you want. then state the facts in chronological order. then clearly state how your expectations were missed. you can watch the rest of our video including an unusual prescription on hour youtube channel. just go to youtube and search nbc bay area. if you like what we're doing there we invite you to like and subscribe. back to you. next for you top stories we're following this morning including waking up in the dark due to fire danger. a live report on when power is expected to be restored for

thousands across the bay area. plus, the bay area county that may be on the verge of losing into a less restrictive covid monitoring tier. today's ways of working, may work differently tomorrow.

but you can work out anything with comcast business. get fast, reliable, and secure internet on the nation's largest gig speed network. flexible tools - like wi-fi you control. voice solutions that connect you from anywhere. and expert advice here, here, or even here. be fast. be flexible. bounce forward with comcast business. get started with a powerful internet and voice solution for just $64.90 a month. plus, for a limited time, ask how to get a $300 prepaid card. call or go online today. hey you guys. hi! it's time to lean on each other. all of you guys, so much great support. and laugh with each other. (laughs) cheers! let's do it together. with caregiving chats and more. come find us at aarp.org/nearyou

they have to do what they have to do. it's better than a fire. at 5:30, left in the dark. thousands across the bay area are without power due to high fire danger. the impact on families and businesses. >> and the countdown to election day is on with one week to go

breaking down the record amount of voters who registered in the south bay. plus, ready to reopen. the san francisco businesses that are getting a small amount of relief starting today as indoor operations are allowed to resume. "today in the bay" continues right now. good tuesday morning. i'm laura garcia. >> a terrific tuesday it is. i'm marcus washington. mike has a look at the forecast -- i'm sorry, the commute, but first -- >> i'll watch kari's forecast. >> you're watching it but kari is giving it. let's go to kari. it looks pretty good as we start out this morning and winds are still gusting. our red flag warning continues. it's been extended until 5:00 this evening for the north and east bay hills. slightly above normal in terms of temperatures the next couple of days and we do have some calmer weather by the end of the week as we check out high

temperatures, we'll reach into the upper 70s with a few low 80s. we'll talk more about this coming up. mike, how is it looking now for the commute? we're back to our usual slowing patterns. oakland's crew cleared for construction. no slowing between 23rd and 29th. a little build for 84 as you get down through livermore and sunol. also the altamont pass. typical there. no wind advisories for the altamont pass. chp says gusty across the benicia and antioch with the winds. back to you. power is out for thousands of people across the bay area. "today in the bay's" bob redell is live in downtown orinda and, bob, i know power is supposed to be restored today there? >> reporter: pg&e must inspect power lines and equipment before

re-energizing everything. it was too windy to get helicopters up to reinspect lines. here we are tuesday and power is still out, thousands still without power. pg&e shut off the electricity sunday night to thousands of customers here in the bay area. the majority in contra costa and sonoma county to prevent wildfires during yesterday's high wind event which pg&e reports, by the way, saw maximum gusts in the high 60s to high 80-mile-an-hour range. stoplights are still out. businesses remain closed. gas pumps are shut down. people were buying ice to try and save their perishables. pg&e has set up charging stations like this one to help people get through this major inconvenience. >> i have a generator that's broken. and i don't have anybody to fix it. that's why we're here, too. if we had the generator we would have been golden.

>> reporter: pg&e's website shows the outages. statewide 345,000 people lost power. less than half have been restored. again, thousands still without power in the bay area because they weren't able to get the helicopters up. the idea again they'll have power back on today, tonight at the latest. pg&e found at least 13 pieces of equipment damaged by the wind storm. reporting live in orinda, bob redell, "today in the bay." >> thanks so much, bob. one north bay business man can't catch a break when it comes to the shutoffs. yesterday morning a fire started at vasco restaurant in downtown mill valley, which is now without power. from the same area lost power last year, cost the restaurant tens of thousands in lost business and food. so this time the owner spent $7,000 on a generator, but his solution ended up causing a bigger problem when the generator sparked a fire.

a discarded cigarette to blame for a fast moving brush fire at suisun city. solano county fire department says someone actually tossed it out along peterson road yesterday afternoon catching the dry brush on fire. thankfully a strike team was positioned nearby and the chief says the extra resources were key in keeping the fire at 300 acres. meteorologist kari hall is constantly updating her forecast on social media throughout the day. the latest on any changes in the weather pattern anytime. make sure to follow her on facebook, twitter and instagram. decision 2020 for california voters who somehow lost their vote by mail ballot. today is the deadline to request a replacement. that's to ensure your ballot can be mailed back in time. all voters still have the option to vote in person at california vote centers until next tuesday night. voters are re-energized in the bay area. some counties are seeing record level participation even though the coronavirus pandemic is

changing the way some of us vote. one county setting record turnout. santa clara county. "today in the bay's" kris sanchez is live at levi's stadium. pregsal athletic teams are using their homes for voting centers and doing it there at levi's. >> reporter: this is the first time here at levi's stadium and we know the niners are on a winning streak. santa clara county also on a winning streak hitting that million registered voters mark for the first time. that is 81% of all of santa clara county's eligible voters. marin county was the highest at 94%. san francisco the lowest with 76% registered. everybody else in between. now that's according to the secretary of state's 60-day report required by law. those numbers will change with the required 15-day report which we will expect this friday. stay tuned for that. one of 100 vote centers that will open on saturday and will

remain open through election day. napa and san mateo county voters, you got a taste of the new vote center system in the 2018 mid-term election. because the coronavirus pandemic workers and voters alike will have to mask up and keep social distanced. we asked voters if covid is changing how they cast ballots this year. >> i don't feel nervous about voting in person. i'm actually more nervous about mailing in my ballot. >> i've voted in person and never thought why i wouldn't do that. >> i'm going to go in person. in the past mailing in ballots, i've had them returned because my signature doesn't match exactly. >> i might drop it off in a drop box. >> i used to mail it. i don't mail it. i take it in. >> that's even changing some of my perspectives on who i vote for. >> i'll probably vote by mail but if i forget to i'll just vote in person.

>> reporter: now in california can you register to vote all the way up until election day by requesting a conditional ballot. you have to drop off or mail your ballot by november 3rd. as you mentioned today is your last chance to request a vote by mail ballot. track where yours is in the process at ballottrack.net. we're looking at election integrity and want to know if you feel the election is secure. join the election on facebook, twitter and instagram. kris sanchez, "today in the bay." back to our covid coverage. right now you can see here still in the red tier they're hoping to move into the orange which would increase capacity for certain businesses. the state is set to make some announcements today. san francisco remains the only county in the bay area to be in the state's yellow tier. nonessential offices will be allowed to reopen at 25% capacity today. also gyms will be allowed to increase their indoor capacity

to 25%. right about now skiers and snowboarders are praying that this is what's on tap for the coming ski season. no snow just yet. they've recently started snow making. we can only hope the real thing is on its way. meteorologist kari hall has the inside scoop on that. kari, can we see any snow on the way? there's no nature made snow but temperatures have been cold enough in the morning hours to allow them to start making the snow so it is cool to see that happening. let's get a look at what we have happening here in the bay area and even though in the valleys we're waking up to calmer winds, they are still gusting in the upper elevations.

a wind gust at 76 so we're still looking at high winds in the upper elevations and that's the reason why this warning has been extended until 5:00 this evening. still watching out for the fire danger. mike, what are you watching on the morning commute? the bay bridge toll plaza. we'll start to see things build. those middle lanes now just starting to tap those brakes as they approach. the incline as we show on the map will be slowing on the left side. on the right slowing through concord there's a construction zone there and a crash just around willow pass -- around highway 4. the rest of the bay, guys, looking great and clear. back to you. all right, thank you very much, mike. it's not just the bay area dealing with fire danger. still ahead on "today in the bay," breaking news we're following. a fast moving fire forcing thousands to evacuate in southern california.

details already emerging about what may have started it. we're back to nine supreme court justices which now begs the question now what happens? we'll take a look coming up. but first, a reminder today big halloween show airs this friday. all this week "today" is filming the virtual plaza with costumed viewers. and we want you to be a part of it as well. head over to today.com/plazaween to sign up. ♪ [sfx: typing sound]

♪ [sfx: typing sound]

♪ [sfx: typing sound] ♪ [sfx: typing sound] here's another cleaning tip from mr. clean. cleaning tough bathroom and kitchen messes with sprays and wipes can be a struggle. there's an easier way. try mr. clean magic eraser. just wet, squeeze and erase tough messes like bathtub soap scum... and caked-on grease from oven doors. now mr. clean magic eraser comes in disposable sheets. they're perfect for icky messes on stovetops... in microwaves... and all over the house. for an amazing clean, try mr. clean magic eraser, and mr. clean magic eraser sheets.

right now at 5:43 as we get you ready and out the door for the morning commute in the east bay a cool start with some low 50s. as we go into the rest of the day we'll see it warming up nicely. a lot of sunshine but still gusty winds. i'm tracking that as well as the weekend coming up in the forecast in a few minutes. in brentwood, highway 4, heading to walnut boulevard there is a crash, only one lane each direction. that important roadway through the area of brentwood and that crash involves a big rig. slowing in the middle, laura. back to you. thank you very much. we are covering some breaking news from southern california. these are live pictures from orange county where about 100,000 people are out of their homes this morning.

this is a very fast moving out-of-control wildfire burning north of mission viejo. it burned more than 7,000 acres. two firefighters have been critically injured and socal edison is saying the fire may have been sparked by faulty power equipment. very concerning there. 5:45. the president's pick for the supreme court has been confirmed. >> justice amy coney barrett will take place with others on the bench right now, scott. it brings us to nine. this has the potential to have a huge effect on the cases that are coming before the court. health care is a big one whether millions of americans will have their health coverage taken away was a huge discussion point by the democrat. and the key issue will barrett

who is nominated by one of the people that's bringing the cases to the court and who was approved just eight days before the election recuse herself from election cases. we simply don't know. now, remember, the supreme court has essentially decided the results of a presidential election before. the most recent dealt with voting in wisconsin. the supreme court decided that mail-in ballots could only be counted in wisconsin if they were received by election day. not postmarked, received, and the way the judges wrote about their rulings give us important clues on how they think. in the dissent justice elena kagan said of the same ballots they're not flipping the election. those are the election. it's really worth looking more

closely at kavanaugh's words as he says mailed in ballots postmarked before election day that didn't make it through the mail time would cause chaos and suspicion of impropriety can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of the election. he's saying it might look improper and that's enough for him. it's important because you may recall the court decided a different case where pennsylvania could keep counting ballots after election day as long as they were postmarked. why they said two different things has to do with the lower courts. kavanaugh and others say they are willing to rehear the pennsylvania case if the supreme court blocks pennsylvania from counselling all mail-in ballots democrats fear they lose the election.

biden continued to hammer president trump on the things he says about coronavirus. >> suggested the doctors were inflating the numbers, because doctors get more money. what is the matter with this man? >> if somebody is terminally ill with cancer and they have covid and we report them and, you know, doctors get more money and hospitals get more money. think of this incentive. >> biden headed to georgia today, a state president trump thought he had locked up. president trump will be in michigan, wisconsin and in a surprise, nebraska. we're tracking that on twitter. follow me there. i'm @scottmcgrew. san mateo county sheriff will open up about the county's transfer of undocumented agents to i.c.e. agents, a so-called truth forum and say the county has transferred at least 100 inmates to i.c.e. for unlawful deportation.

new details, california's prison system under new scrutiny. the widespread covid outbreaks including san quentin. a new report. the poor job by prison leaders requiring inmates and staff to wear masks and loosening policies as cases were spiking. more than 15,000 have been infected and 76 have died. l.a. county has reached a grim milestone when it comes to covid-19. it has now recorded 300,000 cases and 7,000 deaths since the start of the pandemic. this follows a recent rise in infections following a backlog in testing results. fans gathering to watch sporting events for the l.a. lakers and dodgers may have contributed to that spike. the l.a. dodgers are a game away from a championship. a live look for you right now at globe life field in arlington, texas.

ahead of game six of the world series. if the dodgers can beat tampa bay tonight they'll win their seventh championship and the first since they defeated the a's in 1988. of course a rays win would set up for a game seven tomorrow night in texas. and trending for you cast the spell, more like cast a ballot. the sanderson sisters want to you exercise your civic duty. the stars of "hocus pocus" reunited for a virtual event for bette midler's nonprofit the new york restoration project. she leads them in a fake spell. >> get these voters to the polls. >> the group announced they plan to take part, all of them, in taking part in a second "hocus pocus" film.

we want to check the forecast with meteorologist kari hall. it's still windy. i wanted to show you the peak gusts in the airports and we know these are lower elevation areas. gusts from 31 in san jose to 41 in santa rosa and in the upper elevations it is still really windy this morning even though a lot of our valleys have calmed down. here is a look at our high temperatures for today. we're going to be very much like we were yesterday temperature wise. 78 degrees in napa. san francisco will reach 72 degrees and we'll see some low 80s for the north bay. the fire danger does continue and that was the reason why the national weather service extended the red flag warning for the north bay hills. going into effect until 5:00

this evening as our winds will stay up 40 to 60 miles per hour for our high elevation areas. our wind forecast shows we start to calm down just a bit. here we are at noontime and winds in the north bay at 20 miles an hour and then for the evening at about 10 to 15 miles per hour and then later tonight a mostly calm wind, when that red flag warning will expire but we're looking at some slightly warmer than normal temperatures over the next few days. high pressure weakens, we're going to see some calmer weather by the end of the week. for the weekend it's looking nice. we're still looking at some slightly warmer than normal temperatures but overall a more quiet weather pattern after the next 24 hours. highs that will reach into the upper 70s and low 80s. mike, how is it looking right now getting out the door for the morning commute?

>> i circled for 101. not a surprise. now i need to take you up to the north bay with the help of our shot over our desk, highway 12 at 160 there are a number of smaller fires that are moving around and maybe escalating. a lot of smoke in the areas. up to rio vista, that's what you may have in store for tracking that in the newsroom. i tracked the bay bridge toll plaza. the metering lights just turned on. >> backups starting. thank you, mike. the latest pandemic restrictions. the italian government forcing restaurants, cinemas and gyms and other businesses to shut down at 6:00 p.m. for the next 30 days. thousands of italians in the streets in protest of new rules and some demonstrations are turning violent. how would you like to work here? the project meant to drive home social distancing in the work place.

pass the dramamine. [ whispering ] what's this? oh, are we kicking karly out? we live with at&t. it was a lapse in judgment. at&t, we called this house meeting

because you advertise gig-speed internet, but we can't sign up for that here. yeah, but i'm just like warming up to those speeds. you've lived here two years. the personal attacks aren't helping, karly. don't you have like a hot pilates class to get to or something? [ muffled scream ] stop living with at&t. xfinity can deliver gig to the most homes.

welcome back to you. 5:56 for you this morning. new details as governor newsom makes history, becoming the first sitting california governor to file a brief with the supreme court on the death penalty. in a legal brief governor newsom says california's process for

imposing the death penalty, quote, is now and has always been infected with racism and goes on to say the death penalty has been applied unfairly to people of color. california's last execution happened in 2006. last year newsom put all pending executions on hold. new details for you this morning, a name change for sir francis drake high school. school leaders started the renaming process in august. today board members will consider the recommendation. supporters argue drake has ties to slavery. new covid cases are forcing new students in one california school district to quarantine. san diego's vista unified schools reported four confirmed cases. the latest at an elementary school and a middle school. last week two cases at a high school prompted nearly 200 students there to quarantine. so far the district has not closed any schools and will continue in-class learning for

those not forced to stay home. san francisco's landmark coke sign is coming down after 83 years. the double sided sign has soared since 1937. ten years ago its bulbs were switched to l.e.d. so it uses less power. it's not clear if the high rent are causing it to be dismantled. from one sign that's hard to miss to another last night. the top of the salesforce tower was lit up with one word, vote. couldn't miss it. and you can see the letters get larger and larger as they circle the tower. it actually turns a little slower than this. we sped up the video for you. >> good thing it wasn't foggy out there. >> no kidding. something good to share with you this morning, check out new york's most socially distanced office. it's floating in the east river. the fleting office includes a water cooler, battery powered

computer with working internet as well. you can see it includes some pretty breathtaking views from the distance there. talk about the ultimate zoom background. put you out on the water. it's rocky enough being in my office right now, so that's okay. >> imagine rocking around, that chair moving side to side. uh-uh, i'll pass. quickly approaching 6:00 for you this morning and those winds may be dying down but firefighters say the fire is not over yet. where the biggest threat will be this morning and how soon before full power is restored. plus -- and i pledge to you and to the american people that i will discharge my duties to the very best of my ability. >> judge amy coney barrett soon to be supreme court justice barrett after taking the first of two oaths. a washington insider breaks down how she may impact future

rulings. >> and get ready to sweat, san francisco. gyms increase capacity today which means a lot more people may be hitting those treadmills. how you can keep yourself safe while getting your fitness game in check during the pandemic. the third hour of "today in the bay" continues with this music right now. when you hear that music you know it's a terrific tuesday for you. i'm marcus washington. >> looking for my headband. >> i was going to come out with a headband and leg warmers. good morning. i'm laura garcia. all right. well, will it cool off enough for the leg warmers? that's the true question. will it ever again, kari hall? yeah, we've had some cool mornings around the bay area, but still some gusty winds making it feel even more chilly as you get started out the door, and that's the reason we do still have the red flag warning continuing for today. in the north and east bay hills,