and fresh air, is pushing across the region. take a look at our weekend because we are going to see temperatures climbing and heating up for sure with offshore winds returning for wasn't it could have a high fire danger and i will watch that closely but you can see those highs are soaring espe ♪ good morning to you, our viewers in the west, and welcome to "cbs this morning." it's monday, september 21st, 2020. last day of summer. i'm gayle king with anthony mason and tony dokoupil. supreme court showdown. the death of ruth bader ginsburg sets up a new tense partisan battle just days ahead of the presidential election. the latest on when president trump will choose a replacement. now democrats plan to fight him every step of the way. champion for equality. ginsburg's legal legacy goes far beyond the supreme court. we'll look at h how her most significant work shaped the cultural landscape. plus, a preview of the first big cases the court will decide without her.

unimaginable loss. the u.s. approaches 200,000 coronavirus deaths. the most in the world. why experts predict another spike in the fall. >> and emmys at home. history is made at the socially distanced awards show. we'll show you the winners and reveal how they pulled off their ambitious celebration. >> it was so good. here's today's "eye opener." it's your world in 90 seconds. >> if i win this election, president trump's nominee should be withdrawn. as a new president, i should be the one to nominates justice ginsburg's successor. >> the battle over filling ruth bader ginsburg's supreme court seat has begun. >> who would rather have a man on the supreme court? who would rather have a woman on the supreme court? [ cheers ] >> tributes and condolences continue to pour in. >> an international icon that in your 80s you can have the name notorious rbg and your own hash

tag. >> tropical storm beta is expected to make landfall tonight. >> across the country, the number of americans killed by covid-19 is closing in on 200,000. >> this will not be over until we get a vaccine that's widely available. >> the president is backing a partnership with tiktok temporarily suspending plans to ban all new downloads of the app. >> all that -- >> bryson dechambeau blew away the field to win the u.s. open winning by six shots. >> a 6-month-old from utah is going viral with his water skiing skills. and that's extreme focus right there. >> jokic back his way down over anthony davis. >> two seconds left. the nuggets up one. anthony davis did this. >> it's good! anthony davis has won it for the lakers! >> on "cbs this morning." >> rest in power, rbg. >> award season has officially started with the 72nd emmys. >> ruth bader ginsburg was a

compassionate and tireless champion of equality and justice who said her legacy was to make life a little better for people less fortunate than she. >> this morning's "eye opener" is presented by toyota. >> welcome to "cbs this morning." this is the supreme court building where people have been showing up all weekend in huge numbers to pay respects to justice ruth bader ginsburg following her death on friday. it was a big surprise. this is all part of a national outpouring of grief for a woman and a fighter who changed the course of american history in many ways. she rallied so many times. you kept thinking, maybe she'll rally again. when you get the news, it's expected but unexpected at the same time. when you use the words national treasure, that doesn't apply to too many people. but when you look at her life, her legacy, thank you isn't enough to say all she's done for this country. >> as we were talking about before, when you look at her biography, if you will, you realize why she was on the supreme court. >> even before the supreme court. that would have been enough.

but the bipartisan outpouring has been particularly nice to watch. >> yeah, you're right. >> beloved on both sides. 96-3 or something she was confirmed. >> wonder who the three were. i wish we could take more than a minute to celebrate her life and instantly right into politics before we get the news and it goes right into politics. i just wanted to take a minute to say wow. >> she was no kid. she knew what was going to happen. we'll talk about all of that. we'll talk about all of it this morning. as americans are remembering the life of justice ginsburg, republicans and democrats in congress are fighting over who will replace her and when. the high court is in mourning with a black cloth draped over the entrance to its chamber. ginsburg's chair is also draped out of respect for her 27 years on the court. president trump and senate majority leader mitch mcconnell have vowed to move fast using their power to replace her. ben tracy begins our coverage outside the supreme court. good morning to you. when do we expect the president to announce a nominee. >> good morning. president trump is wasting no

time. he has narrowed down his list and plans to name a nominee this week. you know this election was shaping up to be a referendum on the president and his handling of coronavirus. now republicans are hoping he can reframe that around this battle for the court. >> it says the president is supposed to fill the seat, right? and that's what we're going to do. we're going to fill the seat. >> reporter: at a weekend rally in north carolina, fill that seat became a new rallying cry. >> fill that seat! fill that seat! >> this can only happen in north carolina. >> reporter: and president trump made two things clear. he will quickly nominate a new justice and it will be a woman. >> it will be a woman. a very talented, very brilliant woman. >> reporter: cbs news has learned two of the top contenders are u.s. court of appeals judges amy coney barrett and barbara lagoa. >> coney barrett clerked for scalia and president trump

considered her to replace kennedy when he retired. >> she's very highly respected. >> lagoa is 52. she is also a conservative, as well as a first generation cuban american from the key swing state of florida. she was confirmed at the court of appeals with bipartisan support. >> she's an extraordinary person. i've heard incredible things about her. i don't know her. she's hispanic. and highly respected. miami. >> to jam this nomination through the senate is just an exercise in raw political power. >> reporter: on sunday, former vice president joe biden said he expected president trump to nominate someone, but appealed to republican senators imploring them not to vote on a nominee before the november election. >> don't go there. uphold your constitutional duty. your conscience. let the people speak. >> reporter: now biden says if he wins in november, then president trump's nominee should be withdrawn. in the meantime, this is firing up both sides.

democrats raising record sums of money. about $100 million just since friday. and the trump campaign is now selling "fill that seat" t-shirts on its website. anthony? >> ben, thank you. the senate battle over justice ginsburg's vacant seat is shaping up to be brutal. republican leaders say they're ready to move forward with the confirmation by election day. democrats say voters should decide who chooses the new justice. as nancy cordes reports, the two parties have reversed their opinions from four years ago. >> of course, the american people should have a say in the court a direction. >> reporter: this was what republicans said in 2016. >> there say long tradition that you don't do this in an election year. >> when then-president obama nominated merrick garland to replace the late justice scalia. nearly eight months before the election. >> why would we deny the voters a chance on the makeup of the supreme court.

>> reporter: now their argument has flipped. >> the president was elected to do this and the senate was elected to confirm this nomination. >> reporter: republicans say they gained senate seats in 2018, which amounts to an endorsement. >> senate majority is performing a constitutional duty and fulfilling the mandate the voters gave us. >> reporter: it's not just republicans who have a different take now. here's democratic leader chuck schumer in 2016. >> republicans continue to stand in the way and refuse to do their job. it will only be because they want donald trump to pick the next nominee. >> reporter: speaking yesterday at ginsburg's high school in brooklyn, schumer argued republicans should stick to their 2016 positions, especially since voigting has already begu in some states. >> try and decide this at this last time, at this late moment is despicable. and wrong and against democracy. it is shoving the wishes of the

hard right and the republicans who go along with them down america's throat. >> republicans say there will be a confirmation vote this year. >> let's be very clear. if the shoe were on the other foot and the democrats had the white house and the senate, they would right now be trying to confirm another member of the supreme court. >> reporter: this weekend, two republican senators, maine's susan collins and alaska's lisa murkowski, urged their party to wait until after the election. but it would take four republicans to block a vote. and there's little democrats can do on their own to slow things down. besides applying public pressure. >> and to mitch mcconnell, we need to tell him that he is playing with fire. >> reporter: yesterday retiring republican senator lamar alexander of tennessee said he'd be willing to vote before the election. he, too, had a different

position back in 2016. all eyes now are on two republicans, mitt romney of utah, who has shown a willingness to break with his party before and cory gardner of colorado, who is locked in a tough bid for re-election. some democrats argue that if republicans push ahead with this vote, then they should add seats to the supreme court if democrats win back control of the senate. they do say that all ideas are on the table. gayle? >> a lot of ifs, ands and buts there. president trump is in line to be the first president since ronald reagan to choose three supreme court justices. that would create the court's biggest ideological shift in decades. joining us now is white house press secretary kay leagleigh y mcenany. you guys were up all weekend. you had a lot to think about. let's talk about this. 62% of americans say the vacancy

left by ginsburg should be filled by whichever candidate wins this upcoming election. do you see any way, any scenario that president trump will go along with that? 62% of voters. that's this weekend. >> the president is clear in saying that he will be nominating someone to the supreme court. in fact, 29 times in history a president in their last year of their term has, in fact, nominated someone and been considered by the senate. so the president will be following that precedent, and we believe that voters will be supportive of this move as we move forward and they see the quality of our nominee. >> joe biden says this is just an exercise in raw power, jamming it at the very last minute, jamming it down people's throats. that's not unpredictable for him to say, but what do you think about that at the white house? >> yeah, i would refer former vice president joe biden to his own words when he said that he, in fact, would appoint a supreme court nominee, if there were even just a few months before an

election. he said that. so, too, did president obama and senator kamala harris among other democrats. so i would point them to their own words a few short years ago. >> if we're going to refer you to your old words game, you've got senator graham, senator mcconnell, senator cruz who all said something very different in 2016. this is really just all about politics, whoever is in power, whoever has the votes, that's how it goes? >> as leader mcconnell has made clear. 2016 was a different circumstance because we did have divided government because we did have democrats in control -- excuse me, republicans in control of the senate and you had a democrat president. now you have unified government in the sense of the senate being republican, the president being republican. in fact, expanding their majority in 2018. so we do believe it's a different circumstance. >> so when will the president announce his nominee, do you think? >> in the coming days. it will be a very quick turn of events, gayle. >> this week? >> yes.

you will certainly be hearing this week who that nominee is. >> before wednesday? >> i think it's very likely but i'll leave that to the president. >> all right. so far we have senator murkowski and senator collins on record as saying, listen, nothing should happen at this particular time. is the president going to -- number one, do you guys think you have the votes? if you don't have the votes, is he planning to break out to senators who have broken rank like senator romney? >> we do think we'll have the votes. we encourage republican senators to take a look at this nominee we're putting forward. it will be a very talented woman. the president did confirm it will be a woman. so we do think it will be, of course, a tight turn around. we know justice ginsburg, in fact, who we honor her legacy here at the white house, she was confirmed in 42 days. so it can be done, and we think it will be done. >> can you confirm who is on his short list and i mean number one and number two? >> so i won't get ahead of the president and announcing but many qualified women. there's been news reporting out

there and these qualified women are on his list. he has put forwar two lists so we do know, unlike past presidents, exactly what those names would look like and it will be someone on one of those two lists. >> kay leigh, thank you for taking the time. i know you'll be working over time the next few days. >> thank you, gayle. people are leaving flowers and other tributes to justice ginsburg outside the supreme court. with the country bracing for a political fight, we don't want to lose fight of the meaning of justice ginsburg's life. her vision for this country, even in her dissents was not about division. jan crawford looks at ginsburg's legacy of raising people up to help us all stand on common ground. >> reporter: all weekend, the supreme court, often the site of protests, became a place of tribute. >> seeing her dissent all the time and speak her own mind. >> reporter: and give thanks. >> going into the legal profession, she definitely paved the way for me. >> just knowing that if she was able to do it, then we can, too.

>> reporter: a true trailblazer, she made her mark on the law even before she took a seat on the court. she learned firsthand about discrimination. >> there was not a single firm in the entire city of new york that would offer me a job. >> reporter: so she leveraged the law to help level the playing field. as a lawyer for the aclu, ginsburg argued six gender discrimination cases before the supreme court. after 13 years as a federal appeals court judge, president clinton nominated her to the high court in 1993. on "face the nation" sunday, clinton said ginsburg knew how to get it done. >> she had the best judgment on when to work with others whenever she could and when to stand up when she couldn't stand it anymore. >> reporter: as the court's leading liberal, ginsburg voted to protect abortion rights, restrict the death penalty and expand women's right to education and equal pay.

>> people ask me, when will you be satisfied with the number of women on the court. when there are nine. >> reporter: she had a long and close friendship with the conservative icon, the late justice antonin scalia. >> ruth is really bad only on the knee-jerk stuff. >> reporter: later in life, ginsburg fought through multiple bouts with cancer. at her side for 56 years of marriage was her beloved husband marty who died in 2010. she credited their happy marriage to a piece of advice from are the mother-in-law. >> she said, dear, in every good marriage it helps sometimes to be a little deaf. i've found that in dealing with my spouse and my colleagues. >> reporter: when ginsburg spoke with that soft voice, we all listened. for "cbs this morning," i'm jan crawford. >> thank you jan crawford.

i can't get enough of hearing about her story. her sense of humor. she was such a champion for equality on and off the bench. i love the deaf comment what she said. and just how she devoted her life to helping others, pulling up others behind her. >> one of the things people were talking about over the weekend which was so fascinating is she seemed -- in person, she seemed so measured and proper, but she was fierce and radical. and it was -- it's such an interesting contrast. >> fierce and radical, but still polite in her dissents. still writing to win in the long term. she wanted to turn people's minds. >> and it was good to see the back and forth that she had with antonin scalia, too. the two of them could sort of respectfully put each other down but at the same time respect and admire each other. >> i loved that. >> i never got a chance to meet her, did you? >> no, i didn't. >> i did once. i interviewed her about growing up in the 1930s. >> you did? >> yeah. it was a wonderful visit. no politics. no law. just what was it like to be a kid in the '30s. >> oh, man.

>> got to find that. >> yeah. all right. we have other news this morning, including a momentous update on the coronavirus. the u.s. death toll will top 200,000 in the next day or so. it took seven months to reach that number, which is more than triple the usual number of deaths each year from the flu. the u.s. has less than 5% of the world's population, but 21% of all the covid-19 deaths. by comparison, india has nearly four times as many people, but its death toll is less than half of ours. one more tropical storm is said to make landfall in the u.s. this time in texas. tropical storm beta is expected to hit between galveston and corpus christi within 24 hours from now. packing winds up to 50 miles an hour. forecasters say it could bring more than a foot of rain and storm surge up to five feet. beta is moving slowly and the worst flooding may happen in louisiana. hundreds of miles away from the eye. if you are wondering, we are on the greek alphabet now

> ahead, an emmy award show lilike no other. how the winners c celebrated al over the world. goodod job. anand how one sitcom achieved a record-setting run. there you are. you knknow who we'e're talking about. you' "cbs this morning." we'll be right back. >> announcer: this portion of cbs this morning sponsored by robitussin. it shuts coughs down. and that guy does, too. people cough in the country, at sea, and downtown. but don't worry, julie... robitussin shuts coughs down. i'm a delivery operations manager in san diego, california. we were one of the first stations to pilot

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this is a morning update. it is 7:26. >> some schools may reopen today. dozens of private charter schools applied for reopening waivers from the state. now if they pass, they will be good to go. the employment development department is stopping on new unemployment claims for two weeks as the agency faces claims of fraud and governors

have pulled nearly once or recommendations to fix the edd failure. new signs of what downtown san jose is doing post pandemic. plans to show a downtown bart station surrounded by high-rise housing. this proposal was just unveiled by the valley transportation authority. we have a look at the bay bridge toll plaza pick it looks pretty good here but do not be fooled for we have brake lights across the upper deck into the city. it looks better with all the stuff including east shore freeway. westbound 580 and to a five to 680 is still in the yellow. the rest of our major freeways are in the green. >> we are looking at moderate air quality through the day.

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welcome back. the u.s. is fast approaching an almost incomprehensible point in the coronavirus pandemic. it has killed nearly 200,000 americans, far more than any other country. the actual number is likely to be even higher because not all victims have been counted. the death toll has slowed over the summer, but fall begins tomorrow, and experts warn that another devastating season could be on the way. our lead national correspondent david begnaud has the story m. [ bell ] >> reporter: funeral bells at the national cathedral in washington, d.c., tolled

yesterday in remembrance of the roughly 200,000 people killed in the united states by coronavirus. even as the nation mourns, experts are warning the pandemic is far from over. listen to what the former fda commissioner, scott gottlieb, told "face the nation" and margaret brennan. >> i think we have more cycle going into the fall and winter. around the country there's an unmistakable spike in new infections. >> reporter: large gatherings continue nationwide like this biker rally at the lake of the ozarks in missouri. one local health expert called it an explosive petri dish as tens of thousands of people arrived over the weekend. >> my opinion is if i'm going to get it, i'm going to get it. >> reporter: missouri is one of nearly a dozen states where the rate of coronavirus tests coming back positive is above 10%, and one of 20 states where that rate is rising. it is also where frank luper lived with his family. the 67-year-old was a pastor, an

avid gardener, a father of five and grandfather to six. he died due to complications from coronavirusn september 7th after spending three weeks in the hospital. here's his daughter, rebekah. what do you want to tell your fellow americans being the daughter of someone who died from this virus? >> how many more needless deaths need to happen before you are responsible and you do the right thing by your family and your friends and strangers walking down the street. how many more meaningless deaths need to happen? >> reporter: rebekah says her father fred had no pre-existing conditions. over the weekend, adeline fagan died. she was an ob-gyn who died in houston. she'd been doing rounds in the emergency room trying to help out down there. she fought for her life for nearly two months. she contracted the virus back in july and died this weekend at the age of 28.

shyla pennington was a veteran teachers assistant in florida. she worked for nearly two decades with the volusia county schools. they are nearly two -- they are two of the nearly 200,000 faces. and it's a reminder to all of us, we've been covering this story every single day, any one of us could be one of those victims. >> such an important story, david. this thing is not over. thank you very much. ahead, the huge issues at a newly reshaped supreme court will have to decide in the next few months. going to come fast. we'll be right back.

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justice ruth bader ginsburg

was a consistent liberal voice on the supreme court for 27 years. so if her replacement is a conservative, as expected that it will be, that could reshape the court for a generation to come. her death leaves the court with three liberal-leaning members and five others who lean conservative. chip reid is at the supreme court. he was once, little known fact, a student of justice ginsburg's at columbia law school. what? i just heard that just now, chip reid. before -- the question i have for you is what are the issues are at stake at the high court. but first i want to know about you. number one, i had no idea you went to law school, that you were a practicing lawyer. what was she like in class, and why are you reporting and not being a lawyer? we're very glad you're here. but -- >> this is a heck of a lot more fun than being a lawyer. i did six years of practicing law. that was plenty. in class, ruth bader ginsburg was a mamak makmak makmak makma. right before she went to the court of appeals. she was so soft spoken but

everybody was hanging on every word, making sure they didn't miss anything. and to answer your other question, what's at stake here, a huge array of enormously important issues starting with health care. soon after the election day, the court is expected to decide whether or not the affordable care act individual mandate is constitutional. if overturned, it could leave millions without health insurance. then there's reproductive rights. since roe v. wade was decided in 1973, aborts rights opponents have been challenging that decision. in june, in a 5-4 ruling t, the court struck down a law that would have left one abortion clinic. others with 5-4 margins have had profound consequences for climate change and immigration. for example, in 2007 the court decided the epa has the authority to regulate greenhouse gases. and in june the court stopped the trump administration from dismantling the program that protects so-called dreamers from

being deported. then of course, there is the presidential election. if the results of that election are challenged, as so many people expect just might happen, the supreme court might have the final say just like they did back in 2000. and tophobia tony, there's nois anti-trump protesters here who are very angry about the possibility that they would confirm somebody before election day. tony? >> no slow days in washington, d.c. thank you so much. joining us are university of baltimore school of law professor kim wehle and george washington university law professor jonathan turley. good morning to you both. for more depth here on the loss of justice ginsburg and what it means for the court. jonathan, to you first. this means there are going to be eight justices for these upcoming cases in the fall session. what could that mean for the cases themselves? how will it impact the votes? >> well, there's no true draws on the sdourt. if there's a tie 4-4, the case

below prevails. so whoever prevailed with that case prevails again with a tie. the court usually does not rehear many cases. with kennedy they reheard four, thomas i think they reheard two or three, same thing with gorsuch. kavanaugh, one. most of the time they don't rehear cases. it's the 5-4 decisions or if they have a 4-4 split they'll consider that. they have done it before. what's most comedian mon is the try to eke out a narrower decision to avoid the splits. >> kim, justice ginsburg was known as a reliably liberal-leaning vote on the court. without her vote, how will that change the dynamic between liberal/conservative and how will particular cases potentially be decided differently in her absence? >> well, we've seen the chief justice roberts go to the center really since justice kennedy retired from the court.

when we have four justices that are reliably conservative on one side, four justices reliably on the other, and the chief justice who's a conservative sort of sometimes nodding toward the liberal side, you take justice ginsburg out of the lineup and then we have a solidly six-person conservative court. and so we will i think presumably for many, many years given that it looks like there will be a younger person probably appointed if it goes through with donald trump, for generations we will see a solidly conservative court on issues of social justice and essentially when there's a question on how to read the ambiguity in a -- the constitution, someone like justice ginsburg would defer to the individual rights, concerns of individual citizens, a more conservative court might look more toward the rights of entities like corporations, for example. a lot of the breakdown kind of comes down to that on legal issues. >> yeah. so i've got one final question

i'm going to put to both of you. jonathan, you go first, kim, you'll have the final word. that is about the issue before every american right now, the election. if that election is challenged as we hear it might be, both republicans and democrats are hiring lawyers for that eventuality, how could ginsburg's absence in this 4-4 lock at the court affect the election outcome, jonathan? >> it could be significant. notably justice ginsburg herself said that a president has every right to appoint someone in his final year. and justice sotomayor said that she hoped they would hurry to get back to a nine-justice court. and this could be a serious problem if we have a 4-4 split. there's likely to be challenges here. and that is an argument that the trump administration's likely to use, that they need a full panopoly of justices going into what may be most important decisions in an election in the history of the court. >> kim, could this nominee from

president trump in effect deliver republicans the election in a challenged vote in 2020? >> well, it's really hard to imagine they're going to be able to confirm someone in 45 days. takes on average about 69 days. but yes, i mean, justice ginsburg was a strong advocate for voting rights. the conservatives on the court are not. i would say frankly if we can see more things stay in the legislatures and not go to the supreme court, maybe even because there's a 4-4 split, that would be good for the american people because when the court decides something as a matter of the constitution, it's essentially like amending the constitution. these are five people on a nine-justice court that are not elected. i think that's really important for americans to remember. it's better to keep things in we the people in the ballot box than send things to the united states supreme court. >> all right. kim wehle, jonathan turley, we'll have to have you back on when we talk about the next topic on everyone's mind which is potentially expanding the court which could be very interesting. thank you both for now. ahead, vlad duthiers will look at the stories you'll be

talking about today. first, 7:44 -- he's in studio. there's mr. vlad duthiers. like old times. we are excited. first,

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only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ it's time for "what to watch" with vlad duthiers back in the studio! vlad, hello! so good to see you. we've got an awesome introduction from kimberly roberts. she says put away your physics homework, there's a dynamic force in the studio. and that is true. >> bravo. so true. >> thank you, kim. it's so good to be back. i missed all of you. i missed the crew. here are a couple of stories we think you'll be talking about todd -- >> did you miss klaus? >> klaus is back because of me. marian is enjoying her coffee in peace. we have highlights from the virtual emmy awards. jimmy kimmel hosted without an audience. their homes and other remote - locations.

"schitt's creek" swept the comedy categories while zendaya made history. >> i just want to say to my pierce doing the work in the streets, i see you, admire you, i thank you. yeah, thank you so, so much. this is -- whoa. okay. thank you. >> right on. right on. she became the youngest ever winner of the emmy for lead actress in a drama series for her role in hbo's "uforia." big win. >> best reaction -- this is whoa. there were so many great, great moments. we'll talk about it later. tyler perry had a great moment, david letterman was on the show. >> tyler perry's moment was remarkable. if you haven't seen it -- >> go on line. we may not see any indoor concerts for a while, so one performer got creative and took his show on the road. ♪

>> bad bunny on the bus in new york city celebrating hits panic heritage month. fans followed him as soon as they saw him on top of the bus. they ran off the bus during the two-hour-long event. the perfects kicked off the uforia music series which will feature different latino music all month -- >> i read about it. it looks -- that's not a bus, that's like a truck bus. >> yeah. >> like a train it looks like. >> i would like to see anthony mason running to bus bunny -- >> i would be running -- >> i know you would. i would like to see that. nicely done. so this is an incredible reaction if a young girl in texas -- from a young girl in texas. priceless. she reunited with her dad who had been out west fighting wildfires for nearly a month. watch this. >> daddy! >> love it. when quincy rolled up, his daughter ran out for a hug. he's one of thefirst texas firefighters sent to california

to help control the massive wildfires. love to see that. >> i could watch that over and over again. there's nothing greater as a parent than a moment like that. >> you two are both daddies. there's nothing better than to have a daughter jump in your arms and squeeze you like that. you don't know when they go to fight a fire like that. >> no. and he may go back apparently i think, right? >> that's right. that's exactly right. a little bit of time off before he has to go back. >> valid, it's great to have you back. >> sure is. >> bet you missed your apartment, though. ahead -- >> and pajamas. >> ahead, amy klobuchar will join us. climate change is the fight of our generation. the biggest obstacle right now is that we're running out of time. amazon now has a goal to be net zero carbon by 2040. we don't really know exactly how we are going to get there. it's going to be pretty hard. but one way or another we're going to reduce our carbon footprint to net zero. i want my son to know that i tried my hardest to make things better for his generation.

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good morning, scott 7:56. new crime numbers out of san francisco show a spike in burglaries. burglaries are up 42% in the first nine months compared to a year earlier. reports of brake in through gardens are on the rise. a police officer is in the hospital after getting t-boned at an intersection. a driver ran a stop sign at

third and taylor street. that driver is also in the hospital. it is a slow ride on the richmond san rafael bridge westbound. there is a crash at the mid span, blocking one lane of traffic is back to the toll plaza. chp is going to the scene as we take a look at the drive times. it is pretty slow, in the red. they are 30 minutes to 680 westbound east shore freeway to the maze is 20 minutes and you have brake lights across highway 4. it is 30 minutes from antioch towards the east shore freeway.

hello, it's monday, september 21st, 2020. we >> it's monday, september 21st. fight for the court. president trump says he'll fill ruth bader ginsburg's seat before the election. why amy klobuchar says they plan to do to stop him. >> how her legacy lives on in the fight for gender equality and in the women's rights movement. >> and chelsea clinton live first on "cbs this morning." a conversation about american heros and her newest book for young people. >> young people it's for you. first, here's today's eye opener

at 8:00. >> people showing up to pay respects to ruth bader ginsburg following her death. >> this is firing up both sides. democrats raising record sums of money. the trump campaign is selling fill that seat t shirts on his website. >> if republicans push ahead with the vote, they should add seats to the supreme court if democrats win back control of the senate. >> is this really just all about politics? whoever is in power, whoever has the votes? >> as leader mcconnell made clear, 2016 was a different circumstance. we had divided government. >> tropical storm beta is expected to hit within 24 hours from now. >> it's got to go ten yards. it's close. the cowboys have it. do you believe that? >> this is a cardiac experience

watching the cowboys pull out a comeback. >> it is good. somehow, someway the cowboys have won it. >> this morning's eye opener is presented by toyota. >> kind of fun to see jerry going whoa. even the cowboys fans can't believe it. that's what i love about sports. it can change on the dime. >> we'll start with ruth bader ginsburg. we're talking about it this weekend. we'll pay tribute to the supreme court justice. we'll begin with a push to fill her seat before the november election. president trump told supporters in north carolina over the weekend he would fill the seat with another woman. he is expected to name his pick later this week we're told. mitch mcconnell says he will hold a vote on the president's nominee. that is a huge reversal from 2016 when he refused to consider

a choice for slcalia. that seat was empty for almost a year. joe biden says voters should have a say in who replaces ginsburg. >> if i win this election, president trump's nominee should be withdrawn. >> we confirmed the president's top candidates include two federal appeals court judges. barrett was on his list of candidates in 2018 before he picked kavanaugh. amy globklobuchar will be directly involved in the confirmation of the next supreme court justice. she joins us now. senator, good morning. >> thank you so much. it's great to be on. >> senator schumer said over the

weekend that nothing is off the table if republicans move to fill justice ginsburg's seat. we were told this morning there will be a nomination this week. what are democrats prepared to do to fight back? >> i think the first question to ask is actually what are the republicans going to do given that they set their own precedent just four years ago when they made it very clear that if this happens in an election year, that whoever wins the election should be able to decide who the supreme justice is. the people choose the president. the president chooses the nominee. when you have the wishes of ruth bader ginsburg. her last words, my most fervent wish is that i will not be replaced until a new president is installed. >> snarpenator, that's clearly happening. the president said he's going to put out a nomination this week.

what are you going to do? >> again, we already have two republican senators that disagree with it. and there could be others. i'm not going to concede that we have to look at what our strategies are until we know they are all going to basically sell out to mitch mcconnell. they are independently elected in their states. they made a pledge last time, many of them said this should be in regard to the election and who picks. and let me add one more thing. if you look at history, the only time that someone as died a justice this close to the election you go back to abraham lib clincoln, and that wise leader said i'm waiting until after the election and we'll have a vote after the election. that's history. that's a wise leader. regardless of what donald trump is going to do this week, my colleagues don't have to go lock step with them.

they can look in their integrity and make a decision. i'm not going to concede whatever strategies we have to deploy before we see what they do. >> as you said, senator susan collins and lisa murkowski are opposed to filling the seat, both republicans, this close to the election. do you think there will be other republican votes? >> i hope so. a poll just came out yesterday that showed that 62 % of americans believe that whoever wins the election should pick tis justice. five out of ten republicans in that poll said the same thing. so they're going to have to listen to their own constituents and there are a number of them that have not yet said where they are on this. so that is my focus right now. really appealing to their sense of democracy, the sense of justice, and we will go from there. because ruth bader ginsburg, a hero, a icon, a woman ahead of her time, and i'm not going to give up because she never gave

up. i mean, they told her she couldn't go to law school and she graduated first in her class. they told her that men should argue the cases on equal protection. she said no, i'll do it, and she won. she got on the supreme court as only the second woman appointed to the nation's highest court and she became a cultural icon in her 80s. anything was possible. >> you're right. we could say she persisted and she was beloved it seemed on both sides of the aisle. but the truth of the matter is to get back to anthony's point for a second, the numbers are against you. so are democrats putting pressure on republicans to look in their soul to do in your opinion the right thing? are you pressuring people, you and your colleagues behind the scenes, and if so, who? >> we are talking to people and reaching out to them, but i also believe the voters are going to do that. that's why i mentioned the numbers. they're voting right now. 25 states have already started

voting. and the rest will soon follow. early voting. in my state they're going to in person poll voting. and so that is happening right now. >> who do you think has more sense -- >> think of what's on the line. health care is on the right. voting rights on the line. environmental rules while people are choking on smoke in the west coast, on the line. november 10th is the affordable care case act. people could be kicked off their insurance for preexisting conditions. >> both sides will tell you there's a lot on the line. so who do you think has more incentive to go to the polls because of this late education turn of events? and this isn't even the october surprise. who do you think has more incenti incentive? the democrats a bunch of -- let's remember, former governor kasich of ohio actually spoke at the convention. joe biden is leading in states no one ever thought he could lead in because of the fact that

democrats are going to turn out in droves. independents and moderate republicans so many of them are supporting him, because they've had it with this divide. they've had it with the president who literally is trying to get rid of the affordable care act in the middle of a pandemic who cannot manage this. just this weekend 200,000 people, we got to that number, have died. i had to visit my dad through a glass door when he had co-vid not knowing if it's the last time i'm going to see him at age 92. that's happening to so many americans and they've had it. >> senator, thank you so much for being with us this morning. >> thank you. it was great to be on. ahead, justice ginsburg's powerful legacy beyond the supreme court. how she earned the nickname the

there is much more ahead. social distancing made the emmys a little extra special last night. the winners and the performances that we'll remember from last night's show. people are still talking about that. you're watching "cbs this morning." we thank you for that. we'll be right back. mornings were made for better things than rheumatoid arthritis. when considering another treatment, ask about xeljanz... a pill for adults with moderate to severe rheumatoid arthritis when methotrexate has not helped enough. xeljanz can help relieve joint pain and swelling, stiffness, and helps stop further joint damage, even without methotrexate. xeljanz can lower your ability to fight infections. before and during treatment, your doctor should check for infections,

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american women owe much of their legal protection from discrimination to ruth bader ginsburg's many years of work. before she became a judge, she

was a gender equality pioneer and an architect of women's rights movements. as a litigator she led the supreme court to completely change how it viewed discrimination against women on the basis of sex. paula reid looks at ginsburg's towering legal influence. paul ar-- paula, good to see yo. she was tiny in stature but mighty in influence. >> reporter: mighty indeed. even before she was a justice, attorney ruth bader ginsburg had already made an indelible mark in the fight for equal treatment for women. she was one of the founding members of the aclu's women's rights project, and while she was there she came up with creative avenues to secure more rights for women and also try to move the country closer to a system where all people are treated equally under the law. >> she has compiled a truly historic record of achievement. >> reporter: even before ruth bader ginsburg was nominated to the supreme court in 1993, she had already cemented her place

in history. >> women today face discrimination in employment. >> reporter: ginsburg argued six cases before the supreme court in the 1970s, winning five of them. >> the supreme court today ruled unanimously that a widower with children is entitled to the same social security benefits a widow would receive. >> reporter: often securing rights for women by representing men being discriminated against in similar ways. law professor margo schlanger clerked for ginsburg during her first two years on the court. can you point to specific rights that you and i have because of justice ginsburg? >> yes, absolutely. there was a time when women couldn't own their own credit card. when women wouldn't -- didn't have the right to equal treatment in state-sponsored jobs. >> reporter: during her first term, ginsburg wrote a concurring opinion in a sexual harassment case that went farther than her colleagues, arguing conduct is illegal if it

unreasonably interfered with the plaintiff's work performance. >> she understood way before me too that avoiding sexual harassment in the workplace is a matter of equality, not just of avoiding boorish behavior. >> reporter: the desire to fight for equal justice led her to a career centered around the fight to make the country live up to its founding ideals. >> i think back to 1787, who were we the people? >> who were they? >> they certainly weren't women. the genius of the united states and our constitution is that over now more than 200 sometimes turbulent years, that we has expanded and expanded. >> reporter: once she was on the bench, her fight for equality continued with landmark opinions opening all male schools to women and expanding protections

for the disable. ginsburg was only the second civil rights attorney to ascend to the bench, and she ultimately attained this cultural icon status. i've been reporting here all weekend at the court, and i have seen hundreds of people coming here wearing t-shirts with her face on them. so many people coming here this weekend to pay respects for a woman who expanded freedoms for so many. tony? >> what a beautiful story, paula. a great way to remember her life as forever expanding the definition of we in the united states of america. thanks, paula. >> tony, i just ordered an rbg bathing suit. think of that -- >> they make snow advisory wh--? where is her face on your body? we look forward to that next summer i guess -- >> i'm not ever going to show it. i'm letting you know it's out there. >> i don't know. stay tuned, instagram. ahead, history of the emmy awards. if there's no pictures it didn't happen. >> yes. >> find out which sitcom did something no other comedy has ever done with social distancing, too. you're watching "cbs this

morning."

the emmy awards made history last night. hope you stayed up late. the biggest live virtual awards show during the pandemic. jimmy kimmel hosted at the empty staples centerment he was knockout good. more than 100 nominees were linked from different cities and countries from around the world. the sitcom "schitt's creek," s-c-h-i-t-t, swept winning the comedy award. kevin frazier shows how the emmy team pulled it off. >> you know what they say, you can't have a virus without a host. >> reporter: it didn't take jimmy kimmel long to acknowledge that the sea of hollywood's biggest stars featured in his opening monologue was nothing more than tv magic. >> instead of a live audience, we took a page from baseball tonight, and we filled the seats with cardboard cutouts of the nominees. >> hello, everybody. >> reporter: when the stars

couldn't come to hollywood, camera feeds, socially distanced statue delivery, and self-opening trophy boxes allowed hollywood to come to them. >> we're getting out. >> reporter: the cast of "schitt's creek," a sitcom about a formerly wealthy family who moves to a small town bought as a gag gift was together as the show won seven comedy awards for its final season. >> this solidifies that we went out on a good note. >> reporter: some appeared on stage with kimmel -- >> sanitized. we are protected. this is exciting -- >> oh, shoot. wait. >> can't wait five minutes. >> huh-uh. >> reporter: others with fellow cast members. >> we're ready for this year to be over. [ cheers ] >> reporter: but most likely zendaya were surrounded by friends and family. the 24-year-old became the youngest winner for lead drama actress for her role in "euphoria." sunday's show had a record number of black nominees and winners. >> because black storor

supporting abtries in a limited -- abtries in a limited series. what does it mean to you? >> it means everything to me. as celebratory of a night as this is and we know it to be, i didn't want to forget what's happening outside. i wanted to bring a piece of that inside. >> reporter: you know, uzo won for playing shirley chisolm, anan on overwhelmed figure. it was a big night for tyler perry, the producer actor highlighted the power of diversity. gayle, you know better than most that there is no one with a bigger heart or more generous than tyler. >> you are so right.

he had been working that that speech. great tribute to his mom. we talked about it earlier and said people need to go on line. the night was great because people got to celebrate with the people that mean the mos to good morning, it is a:25. i am len keise. firefighters are continuing to make containment lines. it is 46% contained and the fire has burned more than 128,000 acres and destroyed 19 structures. the gulf coast is taking a beating as beta moves in. they say texas and louisiana need to get ready. people are being warned about a potential storm surge and heavy flooding. there is an reservoir that is set to close it for a

decade. 2009, the dam was found to be seismically unsound and soon the lake will be drained ahead of a big upgrade. we are looking at the roadways. it is a little slow north of here. we have a crash on 101 southbound near central san rafael and it is blocking at least the left lane. it is busy southbound 101 out of san francisco and it is foggy at the golden gate bridge and as we look at the drive times, southbound 101 is 37. that is a 45 minute drive and we have lights on the upper deck of the bay bridge as you go into san francisco. it is a foggy start along the coast. you saw that on the golden gate bridge camera and as we go for the afternoon we will catch the clearing with hazy sunshine. moderate air quality, looking good for san francisco. we will continue with moderate air through most of the

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welcome back to "cbs this morning." time to bring you some of the stories that we call "talk of the table." >> so i am disappointed every single weekend because all the bars in my neighborhood in brooklyn are still closed. >> yeah. >> i cannot go to any of them. i was excited to see that oktoberfest is still happening in some form. this is the world's largest beer festival. it was canceled officially in germany because of the coronavirus, but the beer is still flowing at dozens of scaled down local parties. take a look. [ cheers ] >> the tapping ceremony was held -- that was a traditional tapping ceremony held over the weekend. >> boy, that looks good.

>> in munich, hosting the smaller celebrations. it looks delicious. look at that! my goodness. but it is one tenth of the size. the keg itself was one tenth of the normal keg that they normally tap. instead of having six million people visiting, they have a far >> not socially distanced, are they? >> they're supposed to be. where the shots are. >> not even close. >> looks like martinelli's apple juice. i think that looks good. there you go. >> things are dire when the germans downsize oktoberfest. okay. another little bit about the emmys here. we just showed the emmy winners accepting their awards in remote locations during last night's virtual ceremony. well, here's what happened when a nominee didn't win. comedian ramy youssef posted a video on instagram showing an emmy presenter in a hazmat suit waving good-bye while leaving the house with the emmy. the caption, "when you lose the emmy." he was nominated for outstanding

lead actor in a comedy series, the award went to eugene levy of "schitt's creek" as did every comedy award. jimmy called it a schitt's creed. >> you see the guy there like, bye. >> the first time i saw the suit on one of the presenters, i thought it was a joke. then i realized they were doing it -- >> it's a joke and practicality. >> cleverly done. then jason took the test on camera. that was tough. mine is the new album from the late broadway star nick cordero. premiered at number one on itunes last week. his son, elvis, 1 years old, is a big fan. ♪ you get only three shots at the real mccoy ♪ ♪ and this could be you get only ♪ >> his mom posted this video on instagram. i hope he knows that's his dad's song. she wrote that elvis stopped in his tracks, gets a big smile on his face -- look at that smile -- whenever

she plays the song. "live your life" was released last thursday. that would have been his 42nd birthday. the album is a recording of cordero's cabaret from last year. he died in july after battling coronavirus. he was admitted to the hospital april 1st and never left the hospital. we talked to amanda several times and kept thinking he's going to make it, unfortunately he did not. but she is certainly carrying on in his stead. making sure that we remember him. thank you for that, amanda. chelsea clinton has made it her mission to inspire young people through her books about notable women. the newest book in her she persisted series is called "she persisted in sports: american olympians who changed the game." it tells stories of great female athletes like tennis champions venus and serena williams, gold medal gymnast simone biles, and two-time world cup winner, that's mia mm. chelsea clinton is vice chair of the clinton foundation. she joins us first on "cbs this morning" to discuss. chelsea, good to see you. we're going to talk about your

book, but first we want to talk about rbg. i saw your parents over the weekend, rbg, so your dad was the one that appointed her to the supreme court, and your mom was the one -- i saw an interview with your mom -- who brought it to your dad's attention. she was a big favorite in the clinton household. i'm assuming you got to meet her at some point. >> i did have the chance to meet justice ginsburg. and remember when i was a little girl, when i was 13 and my dad nominated her, and just how excited i was, gayle. i mean, i had learned about sandra day o'connor in, you know, elementary school, being the first woman justice of the supreme court. and i don't think i quite realized there hadn't been a second until my father nominated just ginsburg. and i knew that my mom had really advocated for her and just joined so many millions of

americans by being devastated by her passing on friday evening. >> do you think the decision to replace her, the announcement of who the president is thinking should wait until after the election? a lot of chatter on both sides. >> well, in 2016 when i was campaigning for my mom, i spoke -- i think in every event, hundreds of times, about how important the supreme court is and how so much of kind of certainly what i believe is important, whether i'm thinking about kind of women's rights, civil rights, human rights, lgbtq rights, or kind of protecting the environment was really kind of going to be at least somewhat determined by who would be on the court, and i said this before justice scalia's passing and after scalia's passing. after justice scalia's passing would always say, you know, of course his loss was a devastating personal tragedy for

his family and his loved ones. we still have to be focused on the supreme court and this election while acknowledging and respecting that. and i was accused by the right of, you know, dancing on justice scalia's grave and being disrespectful. so i have a little bit of whiplash admittedly over the last 48 hours because the reactions certainly don't appear to me to be consistent. and i do believe that senator mcconnell certainly created a precedent when he refused a hearing for judge merrick garland and think although i don't expect him to, but certainly think that he should abide by that. >> there seems to be a little bit of amnesia in washington. we'll wait to see what's going to happen there. listen, she would have been -- in your first book, "she persisted," you don't have a better role model than ruth bader ginsburg. now you've turned your attention to sports. number one, there are so many things i didn't know -- i knew

some of the athletes, but to hear their back stories. like wilma rudolph was born prematurely, she wore a leg brce, yet she became a champion runner. kristi yamaguchi was born with a club foot. he became a champion skater. of course, venus and serena williams confronted racism and sexism. they persisted. your fliencht irst line says, " easy to be a girl athlete." how come? >> i think for all of the kind of women's stories you just shared and countless others. i mean, you know, my grandmother, gayle, who you know was a huge, huge influence on my mom and on me, spoke a lot about how inspired she'd been by two women that am so honored to include and in sports. dave zarihus and wilma rudolph. she spoke about how much it inspired her as you know, kind of a middle-class chicago

housewi housewife seeing wilma rudolph unapologetically being this fierce athlete and to represent or country in the olympics, and that she had been a teenage mother, that she had overcome so many challenges in her young life, including multiple kind of illness and sicknesses and polio that kind of left her legs weakened. and so i just -- i grew up surrounded by these stories of women breaking barriers including in sports. it's never been easy. it still isn't easy. and yet we see our women athletes leading like naomi osaka did so spectacularly at the u.s. open a few days ago. >> chelsea, tony dokoupil here. books matter, this book will matter to a lot of readers. sports matter, too. that's one of the messages of this book. you played soccer growing up. i think we have a picture of it. if we do, let's put it up -- there you are. >> i'm so glad that i can just

hear you and not see you. i don't like to see like -- >> you got good form. >> the millions of people watching are seeing my awkward, awkward years. at least like in my living room i'm not seeing my awkward years. >> you're welcome, chelsea. >> so the question is -- >> thank you, gayle. thank you. thanks for looking out. >> what did sports mean to you growing up? >> oh, my gosh. i loved sports. and i -- i played sports, i took ballet, and i just -- i found the camaraderie of being on a team, kind of learning how to work as a team, kind of learning how to be my best, both to be my best and to be the best for my team, just such an invaluable set of lessons for when i was a kid and still today. and you know when i think about, you know, what i am missing out for my kids and, granted they're little, they're 1, 4, and 5, but i miss kind of the camaraderie

that they're not having kind of in a classroom right now, that they're not able to have like, you know, in a gymnastics class or a tennis class or kind of just running around outside in a park. i've been thinking a lot about how important sports are and how excited i am for when we're through this moment which i think is going to last a lot longer than any of us would hope or want. that will be part of my kids' lives in the future. >> at least people wanted you on their team. nobody wanted me. i'm still scarred. you can't see it, but -- >> i don't believe it. >> it's true. it's true. you can't see it, but i'm holding up the book right now so everybody can see the thing. and drew barrymore, who just started her new show last week, announced on the air that she had read this book to her daughters. i thought that was a very sweet shout out to you. you say it's for young girls and young people, but really people of all ages can get something out of this book, i promise. chelsea, really good to see you. really good. it's called -- >> thank you so much for having me. >> always. "she persisted in sports ""the

goes on sale tomorrow wherever you buy your books. >> glad you're on our team, gayle. ahead, a cultural hero on the high court. how ruth bader ginsburg god her own t-shirts, bobblehead its, and notorious nickname. plus how she continues to we saw the cloud of smoke

and my heart fell. i knew we'd lose our home... and we did. over 24,000 homes have been destroyed by wildfires in the past few years. wildfire victims need help so i'm voting 'yes' on 19. it limits property taxes on wildfire victims so families can move to a replacement home without a tax penalty. you never know what you'll be faced with. please, vote 'yes' on 19. justice ruth bader ginsburg became an unlikely pop culture

hero in her 80s. inspiring slogans like you can't spell truth without ruth. her long career also inspired a hollywood biopic about her first sex discrimination case. vlad duthiers shows how the justice became a notorious cultural icon. >> it was beyond my wildest imagination that i would one day become the notorious rbg. [ laughter ] >> justice ruth bader ginsburg embraced her pop culture icon status, along with her crown as the notorious rgb. play on rapper notorious b.i.g. ♪ >> they were both from brooklyn. but it was also the case that they'd both used language to protest -- >> reporter: the co-sponskoco-a "notorious rgb." she got the nickname after the supreme court invalidated a key part of the voting rights act, and she issued a fiery dissent. >> i think people respond to the

notion that somebody can have overcome all of this and then turned around, finally given a position on the highest court in the land, and use that power to speak out when things are wrong. >> ginsburg and her blistering dissents have inspired t-shirts, tattoos, a praying mantis downed iloman disginsburg. and even a slot on "saturday night live." more importantly, she continues to inspire a younger generation. 12-year-old michele threefoot was so inspired that when the school had a super hero day, she dressed up as rbg. when i was 8 years old and had a superhero day i went as batman. you decided to go as rbg. why? >> i was reading a book about her then, and i was touched by it. i liked how she was like a little kid. she still fought for what was right. and she kept doing that until

she got older. >> seeing a minority, a jewish woman, on the supreme court gave me a lot of confidence to do what i do with my student court. >> reporter: high school senior leyla fern king has been serving on her school's student court since the seventh grade. >> i was the only girl there. and i think one of the few people of color on the court. she had so much strength. that gave me confidence. >> reporter: i wonder majority career, she did not seek the spotlight. she saw her own life as fulfilling promises that her mothers had been denied. she wanted better opportunities for generations that came after her. >> and 12-year-old michele threefoot told us just because she is gone doesn't mean we have to stop fighting. we still have to fight for what's right. >> michele threefoot is right. such a monumental loss, and there are s

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bader ginsburg. here are memorable moments using her own words. ♪ >> i ruth bader ginsburg do solemnly swear -- i surely would not be in this room today without the

determined efforts of men and women who kept dreams of equal citizenship alive. the question that's put to me is now when do you think there will be enough? when there are nine. [ applause ] i would like to show my granddaughters that the equal citizenship stature of men and women is a fundamental human right. it should be right up there with free speech. i wish there were a way i could wave a magic wand and put it back when people were respectful of each other and the congress was working for the good of the country and not just along party lines. >> yeah. >> we all long for that. >> we do. >> what a nice way end to. to hear her voice talking to us.

that you will she represented. >> yeah. those words are going to echo for decades. >> sure are. >> we hear them today. we're going to be hearing them for years. that will do it for us. see ou tomorrow

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so, if you or someone you know is without coverage, wayne: i'm on tv! jonathan: it's a trip to napa! wayne: (high pitched sounds) you've got the car! cash! mr. la-di-da! jonathan: it's a new kitchen. wow! - i'm going for door number two. jonathan: it's time for "let's make a deal." now here's tv's big dealer, wayne brady! wayne: hey, everybody. welcome to "let's make a deal." i'm wayne brady. thank you so much for tuning in. this is our special "nerds rule" episode. see? nerds rule. to every kid back in elementary school that made fun of me because i read books and watched pbs, your mama! nerds rule the world. who controls the money? who controls the comic books?