breeze for wednesday and especially by thursday, temperatures take a dip and we have more clouds and especially we are heating up for the weekend and into early next week. for those of you thinking about pumpkin pie, pumpkin spice lattes, all of that. i am so hungry. >> do you want one? yes or no ♪es or no good morning to you, our viewers in the west. it's tuesday, september 22nd, 2020. i'm gayle king with anthony mason and tony dokoupil. battle looming. a top republican senator says they've got the votes to confirm a new supreme court justice before the election. how the democrats are responding. plus, we'll preview the historic capitol tribute to justice ginsburg. the cdc confusion. they issue game-changing guidance on the coronavirus and then quickly takes it back. what happened. plus a new claim from the president that the virus affects virtually nobody. >> frontline danger. a wide-ranging study shows the strain of the pandemic on our frontline health workers. how it can affect their mental health and what can be done

about it. and all jokes aside, the first public apology from ellen degeneres. what she's saying about toxic workplace allegations now that she's back in the studio. >> she had some things to say. but first, here's today's "eye opener. it's your world in 90 seconds. >> as our nation mourns the loss of ruth bader ginsburg, i will soon announce a nominee for the united states supreme court. >> the president told his crowd of supporters that he will name his nominee for the supreme court by this weekend. >> the president said he wants this done very quickly. before election day. can it be done? >> we believe that it can. >> with a fight over the next supreme court justice looming, joe biden tried to keep voters' attention focused on the pandemic. >> the virus was too big for him. he just wasn't up to it. he froze. he failed to act. he panicked. >> the u.s. will likely hit 200,000 coronavirus deaths today. >> we're rounding the corner in

any event. but we're going to have a vaccine very soon. a great vaccine. >> tropical storm beta lashes the gulf coast, unleashing the powerful surge of seawater. >> it's an emotional and mental toll for a lot of our citizens. >> the louisville police department is under a state of emergency ahead of a major decision involving the deadly shooting of breonna taylor. >> three nfl coach es fined for failing to wear masks. each coach fined $100,000. each franchise $250,000. >> raiders win their first game at their new home. >> the hand sanitizer celebration. >> and all that matters. >> if i've ever let someone down or hurt their feelings, i am so sorry for that. >> ellen degeneres addressing allegations of a toxic work environment. >> if you're watching because you love me, thank you. if you're watching because you don't love me, welcome. >> on "cbs this morning." >> another year of record low raethss for the emmy awards down 12% from last year. >> you watch, i hosted the emmys last night. >> you did a wonderful job.

>> thank you. >> did you see that lakers game last night? >> yeah, i was watch -- >> wait a minute. how did you see the lakers game if i was hosting the emmys? >> ii tivo'd the lakers and was watching the emmys. >> he was multy tasking. jimmy did do a great job. competition was very tough. he was a knockout. knocked it out of the park. >> welcome to "cbs this morning." we'll begin with politics. specifically, the political fight over the supreme court vacancy. have you heard? and new claims from senate republicans, at least one key senator says they already have enough votes to confirm justice ruth bader ginsburg's replacement before the election, even without knowing who president trump will nominate. >> ginsburg will be honored on friday as the first woman ever to lie in state at the u.s. capitol. the president will wait until saturday to announce a nominee. according to white house chief

of staff mark meadows this morning. ben tracy is at the white house. ben, what do we know about the president's decision? >> well, good morning. the president says that he's considering five different women but that two are top contenders. and cbs news has learned he's already met with one of them in person. the president is now using this court fight to shift the focus of the campaign from coronavirus to this issue that fires up his base and that he feels helped get him effected in 2016. >> a lot profits get none. we've had three. it's blowing their minds. >> reporter: at yet another packed campaign rally in ohio monday night, president trump teased his supreme court pick. >> probably saturday we will announce the nominee, and it's somebody that you're going to have great respect for. great respect. thank you. big stuff. that's a big thing. you know, they set the course of our country for many years to come. >> reporter: the president is pushing to get his nominee on the court in the quickest confirmation since sandra day o'connor was appointed in 1981.

>> i'd rather see it all take place before the election. so before november 3rd. >> are you concerned if you lost the election it would be harder to get the person confirmed? >> no, i don't think so. i think we're going to win. >> reporter: cbs news learned amy coney bairts, a federal appeals court judge and favorite of religious conservatives met with president trump at the white house monday. vice president mike pence cold cbs evening news anchor and managing editor norah o'donnell that the goal is to install anti-abortion rights judges at all levels. >> are you convinced that judge barrett would overturn roe vs. wade? >> what i'm convinced of is that judge barrett, and the other finalists on the list, will interpret the constitution in a way that's consistent with the great tradition of justice antonin scalia. >> campaigning in wisconsin monday, former vice president joe biden appealed to some of the same working class voters that elected mr. trump in 2016.

>> the simple truth is donald trump ran for office saying he would represent the forgotten man and woman in this country and then once he got in office, he forgot us. >> reporter: biden then tried to turn the focus back to the president's handling of coronavirus. >> he froze. he failed to act. he panicked. and america's paid the worst price of any nation in the world. >> reporter: the u.s. is now on the brink of 200,000 coronavirus deaths, but the president gives his response to the pandemic an a-plus. he says any criticism is the result of bad public relations and fake news. tony? >> ben, thank you. democrats say they're not giving up the fight over the supreme court appointment, even though only two republican senators have said the vote should wait. as nancy cordes reports, gop leadership is confident they can fill that vacancy quickly. >> we've got the votes to confirm a justice ginsburg replacement before the election.

>> reporter: senator lindsey graham says there will be a vote before november 3rd. before that, there will be a battle. >> the american people are about to witness an astonishing parade of misrepresentations about the past. >> i want the republicans to live up to their word. >> reporter: that word was the gop's claim in 2016 that a supreme court nominee should not be confirmed in an election year. so they blocked president obama's pick. >> of course, the american people should have a say in the court's direction. >> reporter: the protests have already started. democrats fear a more conservative court would overturn the affordable care act and roe vs. wade. >> the stakes of this vacancy concern no less than the future of fundamental rights for the american people. >> reporter: democratic vp nominee kamala harris could find herself called back to capitol hill in the closing weeks of the

campaign. >> whoever is elected should be making the decision about who sits on the united states supreme court. period. period. that's how it should be. >> reporter: with voting already under way in some states, two republicans want the party to wait. it would take four republicans to block a vote. and last night, colorado's cory gardner announced he will vote to confirm a qualified nominee. graham, who, like gardner, is facing re-election, said republicans would not back down. >> they're not going to intimidate me, mitch mcconnell or anybody else. i'm getting outraised 3 to 1. if you want to help me fight back go to lindsey graham.kcom. five or ten bucks from half your audience would fill the gap i'm facing. >> reporter: graham's plea for money just moments after cory gardner announced his vote,

thousands of dollars of donations began pouring into his competitor's campaign. justice ginsburg will make history this week when the nation honors her in washington. jan crawford is outside the supreme court where that formal farewell begins tomorrow. what events are going to be held? i've heard there's a lot of really important things going on for her. >> yes, it's all going to start tomorrow. i mean, right now, you'd never believe it. it's just almost strange here because it's just so quiet. like this calm before the storm of a confirmation battle that we all know is coming. but tomorrow and then thursday, the court will begin to memorialize her and members of the public can come and pay their respects. justice ginsburg is going to lie in repose tomorrow and thursday at the top of the steps here at the supreme court after a private service inside the courtroom for her family, close friends, the justices, and their spouses. her casket is going to arrive

here at the court just before 9:30 in the morning and take it into the building by supreme court police officers. they'll be greeted by some of her former law clerks who will be serving as honorary pallbearers. and she'll lie in repose underneath the portico at the top of the steps until 10:00 on thursday night. on friday, justice ginsburg is going to lie in state at the u.s. capitol which, for a woman who was so often the first, is also going to be a first. she's going to be the first woman to lie in state inside the national statuary hall. there will be a private internment service next week at arlington maemorial ceremony where she'll be buried alongside her husband of 56 years, marty. >> i've heard so much about the marriage they had. she's the first woman to ever lie in state at the capitol. let's just think about that for a second. number one, sorry that it's taken so long, but if you have to be a first, it's so fitting

that it would be she. you covered her for many years. what does this moment mean when you think about her legacy? >> you know, it's hard to even put it into words, gayle. because i think i've never covered anything like it in the 26 years that i've covered the court. i think we have to look back years when you see, you know, a battle to replace a pioneering, trailblazing figure who led a life committed to equality for all. this is really a unique moment, i think, in our nation's history. not only for her legacy and what she meant to the country, but for what the country is now about to go through with the battle over her successor. >> all right, jan. we're all watching. more to come. thank you very much. this morning, thousands of flags cover the national mall in washington honoring the nearly 200,000 americans killed by the coronavirus. this image stands in stark contrast with president trump's comment last night saying the virus affects, in his words, virtually nobody.

our lead national correspondent david begnaud has spent months speaking to americans paying the price in this pandemic. david, good morning. >> good morning. i was thinking before we came on the air, what's one thing that just about every family has told us, and it is this. take this seriously. this morning i want to introduce you to recorda. he lives in arizona. he's lost nine members of his fam three coronavirus. he also lost his job in the catering business. and as he's trying to find where the family is going to get their next paycheck, his wife is about to deliver a baby. >> most people don't think it's real until it comes knocking on their door. >> reporter: the feeling of loss associated with coronavirus just will not go away for ricardo aguirre. he spoke to us just hours before attended a rosary for his father, jose de jesus aguirre sanchez. he died on september 11th after a four-month battle with coronavirus. >> you know how he contracted

the virus? >> no, i do not. all i know is that my mother is the one that started having the symptoms first. and from there it was my dad, myself, my wife, my two kids and then my brother. >> over the last seven days, the average rate of new coronavirus infections nationwide increased to roughly 40,000 every day. and on friday, the cdc published a significant change to its guidance on how the virus spreads. it said that in addition to spreading through respiratory droplets produced when an infected person sneezes or coughs, another main way the virus can spread is through aerosols. small airborne particles produced by talking, breathing or even singing. it also said the virus can travel further than six feet through the air. particularly in indoor environments like restaurants. but on monday, the cdc scrubbed that guidance from its website saying it was a draft that was

posted by mistake. >> many of us read the draft that was up and thought, wow, they finally get it. this is really good information. this is what is supported by the body of science information out there. >> dr. michael osterholm is an infectious disease expert at the university of minnesota. he says that flip-flop yet again by the cdc is hurting the agency's credibility at the worst possible time. >> if they had just left it up, you would have found many of the leading scientists outside of cdc congratulating them for an outstanding job. instead, they now are drawing the fire of incompetency again. >> we got an email from the cdc explaining what happened. the spokesperson told us the bottom line is aerosol transmission is possible, but it's not the main way the coronavirus spreads. look, dr. osterholm and the other experts say the cdc has got to get it right, and they've got to do it consistently. one thing they've all been consistent othe cdc and the

leading experts is that masks work, and we should wear them. tony? >> david, thank you very much. let's get more on that wavering guidance from the cdc by talking to our david agus who joins us now. good morning to you. so the cdc was already saying that the virus spreads easily and rapidly between people, but it was focused on the droplets that hang in the air as opposed to the aerosols which float for hours. how big is that distinction? >> you know, the droplets are within six feet. when you and i speak, droplets come out and that's the dominant mode of transmission of the virus, period. that being said, aerosols, the virus can float in the air and linger longer and further. that may be a mode of transmission. it's not the dominant mode but it may be a mode of transmission. we just don't know. what you are seeing is the sausage being made for the first time in front of the american public. right? we are learning the science as we go, and this is new. we normally know the science because viruses have been around

for a long time. as other diseases. but here we're learning as we go. >> do you think the cdc, given the challenges it's had recently, with maintaining public trust should have kept the guidance up? we heard dr. osterholm from the university of minnesota say this is good science. it was fine. why not publish it? >> you know, what's interesting is that science going up on a website and then literally a day or two later somebody finding that and putting that into the media, i think it's the wrong way to go. i think there needs to be a conversation whenever there's a change. explain it in detail because there are a lot of policy implications for changing that guidance. and so i think that we deserve a conversation. we deserve an explanation. what are the data and why. not just the change on a website. >> how would our lives change if this guidance became the new rule at the cdc, that this was a virus spreading through aerosolized particles? >> well, it would change how we isolate patients in a hospital, for example.

they would need specialized rooms that have specialized ventilation which we don't have that many of them in the country. it would change some of the requirements for opening schools, restaurants, indoor places to require certain ventilation requirements that are now not always there in many of these establishments. so this is a big policy change if it goes through. i think discussion needs to happen. >> all right. so -- but for the moment we're thinking droplets and six feet, no more, and we await further word from the cdc. dr. agus, thank you. >> and we're thinking masks. >> masks, of course. and they block aerosols. they block everything. >> goes without saying. thank you, dr. agus. >> but it seems like you've got to say it. it really makes a difference. tropical storm beta made landfall overnight in southeast texas bringing heavy rain and wind. this is the ninth named storm to hit the u.s. this year. tying a record from 1916. beta's eye made landfall near

port o'connor with winds of 45 miles an hour. storm surge flooded homes and businesses along the texas gulf coast. that's south of houston. beta's biggest threat is flash flooding. it's already dumped more than a foot of rain and several more inches are expected there. it will move out of texas some time tomorrow on its way to louisiana and mississippi. ahead, the important decision coming in the police killing of breonna taylor. why a louisville officials have declared a state of emergency to prepare for it cuban-american

>> much more news ahead. ellen degeneres talks directly to her viewers about the reported toxic work environment at her talk show. the challenge she face at the start of the new season. and the latest cbs news poll shows president trump gaining ground in florida. we asked some of the voters what they are looking for in the biggest battleground state. you're watching "cbs this morning".

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that's the beautiful voice of h.e.r. how you can own good morning, it is 7:26. it is national voter registration day. the annual event was created as a way to urge americans to register work out any kinks before election day. positivity rates of covid-19 and hospitalizations and icu rates are all down this morning. in the meantime the state may reveal whether some counties

will move into a new reopening tear at noon. transport looking at the big board, the stock market is facing some turbulence amid new concerns over rising covid cases in europe but it looks like the dow is up about 50 points. as you work your way around the antioch area, there are some brake lights. we had a couple crashes that are now cleared out. you are going to have the struggle. we are starting off our day, the first official day of fall, with clean and fresh air. good air quality this morning and that is great to see and that will continue through the day today. looking at temperatures cooler compared

welcome back to "cbs this morning". the new season of ellen, one much daytime's tv's most popular talk show opened with a very different look yesterday from ellen degeneres. she began yesterday's program by apologizing reported toxic work environment at the show. this follows an investigation to staff allegations of sexual misconduct, bullying and racial insensitivity. jamie yuccas has been covering this story. >> reporter: none of the allegations of sexual misconduct or racial insensitivity were levelled at ellen directly but an internal investigation led to the exit of the show's top three

producers. now ellen is back for its 18th season. the hugely popular host tried to convince her fans she really is the nice person you see on tv and that she's sorry for the way people were treated. >> how was everybody's sum center good. mine was great. >> reporter: in front of a virtual audience ellen degeneres began a new season acknowledging the claims of mistreatment. >> i learn things happened here that should never have happened. take that seriously. i'm so sorry to the people who were affected. >> reporter: in july buzzfeed news reported several former employees described a culture of fear, racism and intimidation. it was ellen degeneres's first public apology following two made over the summer privately to her staff. mat donnelly. >> in a lot of ways it was

crucial for us to hear. >> one thing to win back fans of the show, another thing to win back the people who are working for you. what is she doing on that front? >> a note i've gotten is she's determined to be as visible as possible. ellen has popped her head into meetings or sat through pow would yous that she hasn't. >> today we're starting new chapter. >> i love you. i support you 110%. i love you. >> reporter: tiffany haddish was her first guest. donnelly said comedians might give her a break. >> she said she's starting new chapter but then having guests on she knows will be home runs. >> absolutely. absolutely. you're looking at the meeting of a p.r. executive but how she rises to meet that challenge.

>> reporte >> the truth is i am that person you see on tv. i'm a lot of other thing. sometimes in get sad, i get mad, frustrated, impatient. i'm working on all of that. >> reporter: the show has instituted several changes following the internal investigation, including promoting ellen's longtime dj to co-executive producer. among other changes five paid days off to use at their discretion plus paid time off for birthdays, doctor appointments and family matters. >> thank you. >> i watched the show yesterday. i don't know what more she can do in terms of addressing it. she said she had been rocked by these allegations, talked about it before. very shattered about it. i thought her apology yesterday was serious and sincere with a pinch of humor. she's made big changes at the

show. >> clearly. >> when you fire all your producers that's a big change. >> if you've been on the air for 17 years people are bound to say something but she made a very good point. i can have been here for 17 years and you people not know who i am. there are many sides to ellen degeneres. she's listening and wants to do better and the show will be better because of it. >> we'll see how the audience reacts to it. >> somebody said she's starting without a home run of people who support you. shouldn't you start without a home run? is that a about a thing >> the police build up ahead of the breonna taylor shooting case decision. we'll be right back.

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the latest cbs news battleground tracker poll in florida shows the presidential race there tightening in a hugely important state. joe biden leads president trump by just two points, 48-46% among likely voters. that's within the margin of error and down from six points back in our last poll in july. florida consistently produce razor thin margins of victory. manuel bojorquez is in key biscayne. >> reporter: you know what there are still some people who are on fence here but as you mentioned it's always close. we do know this. there's a lot of voter

enthusiasm in this state. we've spoken with voters on both sides and many agree it's simply too close to call. at this honk for trump event in central florida organizers point to the number of honks as proof the president's support is on the rise. >> judging from what we see from passing people, we get about 90% support from passing cars. >> reporter: among white floridians president trump has a 22 point ej according to the new tracker poll of new voters. >> i agree with his policies. i believe he's much more fit to run this country than joe biden is. i agree with what he's done. the peace deal with israel. >> reporter: but to clinch the state the president may need to win back support from voters like dave santarelli who is not sure he'll vote for him again. >> i don't like him on social media.

everyone who is against him he needs to blast them. >> reporter: in florida the president's signature style is among the factors costing him support. >> sad to see how divided we've become. he didn't unify nation. he should have come out early to say wear face mavericks. >> reporter: among hispanic voters joe biden has a 20 point edge but less than what hillary clinton received in 2016. a group called cubans for biden is trying to make gains in expand american community. at co co cutz barber shop he explained. >> vote for trump maybe he make some mistakes. nobody is perfect. to me he's defending our freedom, our rights. we need to be free. we are americans.

>> reporter: 2017's hurricane maria which damage puerto rico may also impact florida's vote. tens much thousands of displaced puerto ricans resetled here and were met by volunteers. >> they had arrived here and have become an active part of our communities. >> reporter: for people gathering to commemorate the third anniversary of the hurricane in kissimmee the emphasis was on voting. >> we need to come out and vote. we need to couldn't. this election is one of the most important for the people, for the hispanic people. for the minority people. >> reporter: still it's the economy that looms dr -- quadrupled in past year. >> we're concerned whether jobs will come back. >> reporter: 20 million visitors have been kept from coming to florida since the pandemic began. 33,000 jobs were slashed in the hotel and culinary area. it's hired some workers to stump

for biden. this woman makes 200 calls a day and does not know when or if the job she cashier at the airport will come back. the economy is still showing up as a win for president trump here in florida with 44% of respondents saying he would help their family's financial situation as opposed to 34% to give the nod to joe biden. >> thank you. ahead vladimir duthiers is looking at the stories you'll b

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let's go. good. >> that is two black labs in florida. she made that video to introduce you. >> i love the cbs sign. >> and the two puppies looking at the tv screen. >> a black lab demo. >> i've seen a lot of dog videos of watching vlad. >> the guy did the voice, go vlad. >> good to see you all. here after few stories we think you'll be talking about today. louisville police declared a search-and-rescue as the city awaits a decision in breonna taylor case. new video shows police setting up downtown barricades this morning. the police department put emergency staffing in place and cancelled time off for officers indefinitely. the city has shut down some federal buildings including the courthouse.

crews worked fast to board up the first floor windows yesterday. law enforcement is anticipating protests similar to those during the months after "today" was shot and killed during a botched drug raid. so far none of the officers involved in her death have been charged with a crime although one of them last week the city settled with the family for $12 million. didn't declare any wrongdoing. >> unsettling they are making those preparations because they are expecting the news will be upsetting. >> may just be preparing for anything. that settlement last week was a record settlement. even though none of the officers have been charged. >> how can you pay $12 million in a settlement but it's not a crime. >> very good question. >> we hope things are peaceful there. indeed. >> the nfl fined three teams and head coaches more than $1 million for not wearing masks on the sidelines.

vic fangio, pete carroll and kyle shanahan were fined 100 grand. teams will have to pay $250,000 a period. the league sent a memo over tory team a week ago to remind coaches to wear a face coverings on the sidelines. some have complained saying they need to communicate with their teams, that it's difficult, but it's difficult for all of us. you're not special. everybody should just wear a mask. >> first of all a lot of money to be fined. second of all every time i watch an nfl game they are covering their lips. they got the clipboard. it's an advantage. >> they have those masks that are clear see through. remember the coach of the chiefs fogged up a little bit. they need to work that out. they have masks where you can see the mouth. maybe they should think about that. >> the nfl is taking it seriously. that's the same fine they fined the patriots in the spygate scandal. >> no one in the nfl has tested positive. so something is working. >> that's great. so this is really exciting.

i was watching h.e.r perform at the emmys. she played this incredible guitar. she's now in the history books not only does she come up with a beat she's the first black fairway medal musician to have a fender artist signature guitar. check this out during the emmys. ♪ >> she's amazing. i saw that guitar. it is her signature strap. the guitar about a year in the making was designed to meet her specifications with a distinctive look and distinctive tone. it's here. >> that's her actual guitar? >> that's the signature guitar. >> we have it right here. >> so interesting you noticed her guitar. i never noticed the guitar at all. i was focusing on her voice. and the way they did it this year was beautifully done. i didn't notice the guitar.

>> she hit that note and it was like what is this guitar she's playing. >> she played her first scale on a fender so this means the world to her to design this guitar and she hopes to inspire a whole generation of women guitar players. >> what do you think of that guitar? >> it's amazing. it's really cool. she will be hosting an instagram live show with female guitarists. ahead we'll ask senator ted cruz about the supreme court vacancy that's coming up here on "cbs this morning". with their financial needs. that's over 25 million people. with over 90 years of investment experience, our thousands of financial professionals can help with secure video chat or on the phone. we make it easy for you with online tools, e-signatures, and no-medical-exam life insurance. plan for better days. go to prudential.com or talk to an advisor.

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good morning, it was 7:56. i am michelle griego. police are looking for two suspects accused of stealing a fruit truck. the trailer was stolen sunday. the family that owns the trailer is now missing their only source of income. investigators are looking into a series of hate crimes against san francisco's armenian community. the most recent incident was a shooting on brotherhood way on saturday. and armenian community center

was burned down. residents can breathe a little easier. one fire spread quickly around san juan canyon and firefighters worked from the ground to get the flames under control. crews monitored hot spots overnight. as we hit the road ways, it is still a slow ride along the west town highway 4 out of pittsburgh and also, the 240 to connector has a few brake lights. 696 80 is slow into walnut creek and we have brake lights southbound -- both directions are through fremont. well, our first official day of fall and it will be feeling like it for us. with seasonal temperatures this time of year, cooler compared to yesterday, could air quality. we're looking great with that clean and fresh air for the bay area. it will continue through the day today and tomorrow and for thursday. there is a look at our daytime highs this afternoon and there we go

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hello. it's tuesday, september 22nd, 2020. welcome back to "cbs this morning". i'm gayle king with tony dokoupil and anthony mornin morning". hello, it's tuesday, sent 22nd, 2020, welcome back to "cbs this morning." we'll get a response from republican senator on the effort to appoint a new supreme court justice. the mental strain on our health care workers. terra narula talks with some of them. >> and dropping knowledge. desues and marrow share knowledge from their new book and their late night show. >> they have a lot to safe. they are hilarious. first today's eye opener at 8:00. new claims from senate

republicans. at least one says they already have enough votes to confirm justice ginsburg's replacement. >> they are using the issue to shift the focus from the coronavirus. the court will memorialize her and member of the public can come and pay respect. justice ginsburg is going to lie if repose at the supreme court. >> the cdc has got to get it right. and they have got do it consistently. one thing they have all been consistent on, masks work. democrats say all options are on the table as they try to stop republicans who they say are trying to hijack the supreme court. >> they would increase the size of the supreme court. they are calling it the arm-geddon option. not only would they pack the supreme court, they said they are going to do it with bruce

willis, billy bob thornton and steve boo shemy. >> an interesting lineup. >> quite a court. president trump says we will learn his choice to replace supreme court justice ruth bader ginsburg by the end this week. he was campaigning in ohio last night. the president focused mainly on the supreme court claiming any supreme court justice appointed by joe biden would quote mutilate the law and distort the constitution. president trump met with one potentially nomly, amy coney barrett yesterday at the white house. republicans are flip-flopping on whether or not to confirm a new supreme court nominee during an election year. problem nominated merrick garland nine months before the election but the senate never

gave him a hearing. >> if there is a republican president in 2016 and a vacancy occurs in the last year of the first term, you can say lindsey graham said let's let the next president, whoever it might be, make that nomination. and you can use my words against me, and you would be absolutely right. >> it has been 80 years since a supreme court vacancy was nominated and confirmed in an election year. there is a long tradition that you don't do this in an election year. >> republican senator ted cruz is a member of the senate judiciary committee. he will be part of the confirmation hearings. he is also on the president's list of prospective nominees made before this vacancy on the court. senator, those were your words four years ago. you don't believe that anymore. >> good morning. it is good to be with you. thank you for having me. it is interesting. if you look at the debate four years ago, every single political player has switched

positions. i looked at your clip of politicians from 2016. didn't play joe biden, you didn't play hillary clinton. you didn't play nancy pelosi. you didn't play chuck schumer. why? because everyone of them is saying exactly the opposite of what they are seeing now. everyone has switched positions. if you wanted to say it, you could say everybody involved in is a hypocrite. >> we have actually said that on this broadcast. listened to your promo and you only played the words of republicans. i saw your tweet saying ted cruz, why has he switched his positions? i am curious when you have shuck schumer or joe biden on does your seat tweet say -- >> we would love to have them on. >> did your tweet say they changed position. >> we mentioned they changed. we actually have. that doesn't answer the question why you have changed your position. >> i am trying to answer the

question. >> can go ahead. >> everybody has switched. there is a reason for that. both sides believe something fundamentally different about supreme court justices. the democrats and joe biden has promised to nominate liberal activist judges, judge who is will undermine our free speech rights our civil liberties rights our second amendment rights. president trump ran promising to nominate prince pill constitutionalists to the court. the american people elected him. the people also elected a republican majority in 2016, 2018. the president ran promising to perform constitutional judges. if you look at a pattern in history, what typically happens in this circumstance? it has arisen 29 times in the history of our country. >> i don't want to go through the whole history of this. >> it is actually relevant for everything you are sachlg you way not want to talk about it. >> i do want to talk about it

but history takes a long time. we don't have that much time. you made the point four years ago it hadn't happened in 80 years. the president won the election but didn't win the popular vote. and the polls show that 62% of people right now think the winner of the election should pick the supreme court justice. what do you say to that? >> anthony, here's what history shows whatever the president and the senate are controlled by the same party the senate almost always confirms nominations in an election year. it happened 19 teams, the senate approved it 17 times. whenever the senate and the president are controlled by opposite parties, as four years ago with barack obama the senate doesn't confirm the nominee. it happened ten times in our history, and the senate has only confirmed the nominee twice. you may say that's a question of partisan power. it is not. it is the question of the people

deciding. it was the single biggest reason i personally voted for donald trump because he promised to nominate justices in the mold of scalia and thomas f. you want to understand the stakes, as you know i have got a new book coming out a week from today. it is called one vote away. it talks about what the supreme court is all about, how a single supreme court seat can change history. every chapter talks about a different constitutional right. i spent my career before the senate before i was in the senate litigating before the supreme court. so the book tells the inside war stories of the landmark cases behind free speech and religious liberty and the second amendment. it tells what'sing are going none a way that is understandable and in a way you don't have to be a lur to understand. but if you care about the bill of rights, the book, one vote away, it is on amazon right now for preorder, it will explain what the stakes are in this choice. >> what's the name of that book

again senator cruz. >> one vote away. >> are you looking for a justice that will strike down obamacare and reverse roe v wade? i am looking for a justice that will be faithful to the law and the constitution. there is an entire chapter in the book on the issue of life. >> would you lying to see that reversed? we don't have the book yet. would you like to see it reversed. >> i think roe versus wade was wrongly decided. here's a point few people understand. if roe versus wade were reversed, the subsequent would not outlaw abortion. it would return to the way it has been, it would be a state matter. each state would reflect the value of their citizens. here's what i talk about in the chapter in the book. if joe biden gets one initial liberal justice on the court, we

are one vote away -- i litigated the federal partial birth abortion case. that's the federal law that prohibits the really gruesome practice of partial birth abortion. the court upheld that law, 5-4, it meant there are four justices ready to strike that down. to say that you can have no limitations whatsoever on abortion that partial birth abortion is mandated by the constitution, no parental consent, that's extreme. and that's what joe biden is promising and that's not what the american people want. that is far out of the mainstream. >> senator graham says you already have the votes to pass the supreme court nominee without each knowing who it is. do you have the votes? >> we do. i believe we have the votes. i don't know for sure. but i believe we do. and i think it's critically important that we vote before election day.

let me tell you why. joe biden has already told us that he intends to challenge the legitimacy of this election, if he doesn't win on election day he has hired a team of lawyers. he plans to bring lawsuits challenging the election. 20 years ago in the year 2000 we had bush versus gore. i was part of the legal team that represented george w. bush in bush versus gore in florida. there is a whole chapter in the book on gush versus gore. if you want to understand what could happen on election day if joe biden challenges. >> one last point. >> let me just get a sentence in. >> biden hasn't told that either. >> hillary clinton has told joe biden under no circumstances should you concede. she said that direct she. >> the president said if he doesn't win, the election is a fake. there are probably going to be challenges on both sides. >> here's the critical point. >> unfortunately we have to go, i appreciate you being with us

this morning. >> it's divided 4-4. we can't make a decision. we need a court to resolve that so we don't have a constitutional cries. >> you were okay with the court being 4-4 for months when you

there is much more news there is much more news ahead for you. doctors and nurses on the coronavirus front lines tell us about the impact on their mental

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the coronavirus is the taking a serious toll on doctors and nurses mental health as america's death toll approaches 200,000. the largest study of front line medical workers at the height want pandemic in new york city found 57% of them had acute stress. 48% saw depressive symptoms. and nearly 75% experienced insomn insomnia. tara narula spoke with doctors and nurses in new york city and mexico and florida about the stress they face. ♪ >> you train expecting that some day there may be a catastrophe but living it is something you never fully are prepared for.

>> me walking the building, taking your patients, doing wha% you have to do. on the inside we're suffering. you just went from one patient to another without having any time in between to process of what just happened. >> it made me rethink my career choice. rethink what is it to be a nurse. >> describe for me the toll that this has taken one emotionally and mentally. >> i don't nohonestly know if ie been this tired in my life. we're all tired emotionally, physically, spirit wally. i suffer from mild depression. there are places in my icu i don't like to go past because of cases i remember. i had a 24-year-old who died of a stroke. i had a 25-year-old man who died with his wife at his bedside. still hurts. >> i have insomnia. i experience nightmares.

. i close my eyes and see the patient i took care of last. i see the images of suffering. it will scar me for life. >> i think about my previous assignment. did i do everything i need to do. the anxiety is falling me into sleep so i'm not getting adequate rest. >> my mind was completely replaying what it went through throughout the day and i have to decide who lives and who dies. >> surprisingly found that over 50% of individuals had acut stress disorder which may develop actually in post traumatic stress disorder. half of our participants developed depressed symptoms. >> will i bring this home to my family. what will i do? just questions, questions. >> having to kind of absorb what family members will usually absorb, when they are at the end of life. so now we're absorbing that grief in those moments and maybe

multiple times in a shift. so that's difficult. >> you worry about ptsd. >> i'm not. for the most part i'm exhibiting slight stochlsymptoms of ptsd. i can see a slight difference in my personality. >> my fuse is shorter. i'm more irritable. >> why do you think it's so difficult for health care workerser and medical professionals to talk about issues around mental health like depression, anxiety, fear. >> we're kind of expected to just suck it up, compartmentalize everything we see. we feel we won't be valued in our proving with what we live with in our daily lives. >> the way could individual makes a straight jacket that we don't talk about things we need to and that needs to stop. >> right now covid, the idea offing the the health care hero

really adds this increased burden on individuals. >> when you see these billboard of health care heroes and our heroes wear scrubs and you look at yourself and you realize i'm no hero. i'm broken. i'm hurting. another point of self-critique that i'm supposed to be this hero now and i'm not. it's another point of pain. >> we're seen resilient, we're unbreakable and if we don't address what we have going on internally it's really do it adequately care for our patients. >> covid-19 has provided the availability to talk about our vilities. that's okay. it's the birth place of joy. it's really important to be okay with that. >> our dr. tara narula joins us now. that's a very powerful story. you can hear it in those people's voices what they were going through, the complicated

reaction to being called a her jobs all the stress they bear. what can we as patients, as the public do to help workers who are struggling with their mother-in-law health? >> reporter: yeah. i know, tony. i'm emotional watching it. i think the first step is rtelly normalizing this. and that's what everybody said. we need to begin to talk about this openly. family and friends and co-workers should know they can ask their friend hour doing? how are you feeling? not just ask but really listen. institutions and hospital systems need to build in support. and also create a culture where it's okay to talk openly, where you don't feel you'll be looked down upon. one of the ironies of this is it's really our emotions, our vulnerability as health care providers that make us the best healers. when you start to lose that we start to lose the ability to connect to someone who is suffering. that's when it's time to leave the hearing proving. >> definitely true.

very powerful story. thank you very much. we'll be right back, everyone. you're watching "cbs this morning".

ahead, late night host esus this is a kpix 5 morning update. santa clara county will hold a discussion on giving those who need to quarantines some extra cash could provide up to $5000 per household that would of that with rent and other finances. uc santa cruz has a new testing strategy for students going back to campus. they will hold pool testing twice a week and students will also quarantine for two weeks upon arrival. kyle shanahan just got hit hard by the nfl. he will be fined $1000 for a

mask violation. he was also fined $250,000. things are looking a little better on the roadways for 580 westbound. we are in the green . that is good news. a 27 minute drive time from 205 over towards 680. it is still a bit of a struggle along highway 4 westbound from antioch over towards hercules and return 101 out of the south bay, there are reports of an accident around lawrence expressway. it is walking at least that right lane with a possible rollover accident and northbound 85 right at the expressway is blocked. we beat the bay area on this first official day of fall and we are looking good for that air quality. clean and fresh air without onshore flow and bringing in that good air quality for the bay area today, tomorrow, and likely for thursday.

temperatures are little cooler compared to yesterda but

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welcome back to "cbs this morning". it is time to bring you some of the stories that are tausk our extra large table this morning. >> social distancing. >> you are first, gayle. >> i'm in pole position. after this year we might need some new ways to express how we feel. they have some new ejmojis. including a heart with a bandaged wrapped. a face in the cloud. and my favorite one with squirrelly eyes that go bling. at one point most new emojis are dedicated to different skin

tones. those updates could hit your phone as early as january. they are work on skin tones to reflect interracial couples. i think that's a really great idea. >> you may not know the answer to this, you said they are coming out with new emojis. who are they? >> the emoji factory. >> the guys from the movie. >> the emoji factory. anthony, your turn. >> mine is "schitt's creek" won big. but the daughter might get the award for most enthusiastic viewer. >> and the emmy goes to did you [ screaming ] >> she shared her reactions on twitter and won seven in a row. more than a million views. sara levi plays a waitress.

first time in history that the comedy won all seven major awards. i don't know why she wasn't at the party they had. >> i love it. the son was literally beaming. he looked so giddy in all the shots and so genuinely happy for everybody. dad was happy for son. son was happy for dad. clearly daughter sara was in there. it was a nice night. >> they are all amazed at this small thing they he made up in canada. looked like hit trouble of getting an audience here in america suddenly became this huge thing. they just had so much fun. >> they like each other also. >> the whole show is a family. you can see that if you watch the documentary about the final season. >> i'm talking about a cowboy in the midwest which may not seem that unusual but this is a cowboy on the expressway. not exactly old town.

adam farnsworth the cowboy galloping along the dan ryan expressway in chicago yesterday. he rode the horse for 30 minutes as police followed close behind. he took an exit ramp which was his fatal mistake. they arrested him and charged whim three counts. >> that was not a police escort in a good sense. >> they were not there in. support. he was trying to call attention to violence against children he says but what most people have noticed is that the horse nunu was not doing too well. you're not supposed to gallop on a bleeding hoof. >> that's not good. all right. mine is really good. i forgot i already did my talk of the table. my talk of the table is two nfc of the bronx. desus and mero first made a name

for themselves on their hit podcast. last year they began desus and mero the first late night talk show on showtime which is a division of viacom cbs. they offer very funny take on news and pop culture between adult beverages. recent guests include dr. anthony fauci, alicia keys, gold medal sprinter usain bolt, joe biden, kamala harris, and late night tv legend david letterman. >> is that actual something? >> this is -- yes. dominican rum. >> most i drank on my shoves dec decaffenated coffee. >> how many years have you been sober. >> oh, yeah i used to be an

alcoholic. >> they shared some of their experiences in a new book called "god-lovel knowledge darts: life lessons from the bronx". this morning they join us. hello. good to see you guys. >> good morning. >> it's really going great. i was so excited about you coming. we all are. you talk about dating, alpha male becoming washed. dating. you say you know it's time to leave a relationship when their blinking gets on your nerves. >> that's right. when you resent them for breathing it's time to get out of there. you have to flee for your own safety. >> you have a guide to the best way to break up. sunday and fridays are not good days to break up but why. why are sundays and fridays not so good? >> sunday is like -- you're going to ruin that person's week. friday you don't want to ruin their weekend because now they will be sad for the whole

weekend. get it in there around wednesday. drink a little. . get away from the pain. >> mero, you don't talk much about dating because you're married. you have four kids. four gorgeous kids. >> yes. i'm out of the game. >> you're out of the game. you have a great thing where you talk about you have the dad don't embarrass me stare. what does that look like. >> i have to load it up. give me one second. >> mission accomplished. go ahead. finish. >> everybody on screen right now is watched. >> they said when you're out of the club you want to go home. you need gel pads.

you want to get in a pair of skechers. you said it's different than gets older. >> no. being washed is a form of life. >> say again. >> it's just accepting relaxation as a form of life. you know what i mean? as opposed yeah i want to go party, i want to go rage. you just want to relax with a nice glass of cabernet and enjoy some favorite programming on a nice friday night when everybody else is out doing hand stands and twerking you're at home enjoying a nice novel. >> your picture of washed? >> if you are ever in a supermarket and see a new kind of cookie or snack and base your whole night around that. that's the definition of wash. okay. if you go to the supermarket -- if you go to the supermarket and

see minestrone soup is on sale. >> when mero said you cancel your plans and get excited about whatever is on nba television, talking about who has the most rebounds. just chatting. taking that in all day long. >> the chatter. it's lovely. >> i like the alpha male, the times to cry, saving private ryan, when you order spicy popeye's chicken and they give you classic when you get home. than one i really like. when i a man realizes his hairline is going and it's not % the barber's fault it's okay to cry. >> it's sad. listen that's a moment, you look in mirror. you have to be honest with yourself. listen you're just lying to your self. no worse lie than that. you have to grab the blade and free yourself. come home. >> just do it. vacate, man. >> this is the thing what your

show does, guys. it gives people, i think, relief during this particular time. i've heard many people say your show is getting me through. i would like to know what gets you guys through during this time. you must be affected by it too. >> oh, man. >> sense of duty. >> we have the show and the fact we're helping other people get through this pandemic. not to make light of essential worker but we feel we're an essential worker because our show let other people get away from this. have escape two times a week. we try to make the show as funny as possible. >> for you mero, what gets you through? >> like he said. being essential worker, essential worker. train operator, the cashiers at the supermarket. everybody you take for granted on a regular basis. now in these times you realize like wow i can survive without this person. you're tired. they are tired.

>> i thought you guys were going say good therapist. i thought both you guys were going say that. >> oh, yeah. incredible. twice a week. listen i get it all off of my chest. double sessions. we go hard. >> listen, i am going triple hard. i have the car map, yoga and my therapist. you need everything you can to get through these wild times. >> i'm glad you talk about this. you ask every guest what is your bodega sign. mero, you go first. what's your sign? desus what's your? >> every time we're on national television my sign is this. heather, adrian, avery, amari, azalea, i love you. >> what is yours?

>> mine is shot out to the boss and look i'm on "cbs this morning" at 8:00 a.m. and die not commit a crime. >> continue to you both. sunday nights and thursday nights. i watch you every week. thank you both. bye. those are his real sneakers. those are your real sneakers. >> whole passage in the book. >> whole thing about sneakers. >> whole lot of sneakers. >> name of the book is, "god-lovel knowledge darts: life lessons from the bronx". >> there you go. it's on sale today wherever you like to buy your books. and you can watch their show desus and mero sunda 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.

this morning our special series school matters looks at the return to school and the unique challenges brought on by the coronavirus. millions of students with special needs usually require a more intensive educational approach. experts worried they are being left behind. jamie wax visit ad new york organization that helps these children overcome obstacles created by the pandemic. >> reporter: on the south shore of new york's long island a new approach is taking shape.

>> he doesn't have much receptive language and he's starting to understand small things. he starting to want to participate in group activities, which he never really wanted to do. then covid happened. >> reporter: kristen teodoro is the mother of hudson. her group offers support to children with special needs by encouraging social san dieizati engagement. temperature checks are done he at the entrance and all parents are required to wear masks. >> at what point did you decide to do something about this? >> a lot of schools in my area that were for special needs children decided they wouldn't open. shortly after that die a post on my social media and then when everybody volunteered i was like all right i guess we're doing

this. >> reporter: the cdc estimates one in 54 american children have autism spectrum disorder and one in six are diagnosed with a developmental disability. >> it was an earthquake. such a huge transition to take special education and to move it home. >> reporter: kristie patten is the vice dean of the school of culture and human development at new york universty. >> we have a misconception that a lot of autistic individuals don't want friends, don't want to be in social situation. we know a lot of kids that thrive on those social situations in addition that they thrive on routine and a schedule. they missing that cohort whether it's teachers and fellow students. >> somebody bringing them out of their shell. >> exactly. >> reporter: more than 7 million public school students receive special education services in united states. but a recent survey revealed only 20% of those students receive the support they were

entitled to during the pandemic. >> just having fun. it's really something special. >> reporter: caitlyn donohoe is the mother of two special needs children. >> you can almost feel like you're missing out on your children's childhood if that makes sense. your kid might not be the star baseball player or, you know, on honor roll but when they are here all together you can see how each of them are special in their own way. >> have you seen other people be inspired by the model you set up here? >> we're our children's biggest added voluntary indicates and if you want something done for your child you have to do it yourself. you can't look at the school and say my child is regressing do something about it. so i hope this inspires other parents to kind of take knit to their own hands. >> reporter: for "cbs this morning," jamie wax, bridgehampton, new york. >> every day we do a story that brings new issue in this

pandemic that was not considered before. that's one of them. >> that's one of them. as she points out as parents you have to be advocates for your kids and put them first. teachers are doing so much and adjusting enormously in this and trying to do everything. >> a lot of times people forget teachers have kids too so they are trying to teach your kids, trying to work with their kids, trying to raise their own families at the same time. it's a lot. >> some resigned because it's too much. another tragedy on top of all of it. we'll be right back. you're watching "cbs this morning".

in just a few months, we've learned a lot more about the covid-19 virus. it's real. and it's dangerous. so, on behalf of all of us working on the front lines, please take it seriously. and while we don't yet have a cure or a vaccine, we do know how to keep you and your loved ones safe. wear a mask. wash your hands. stay six feet apart. do your best to stay out of crowded spaces.

and get a flu shot, it's even more important this year. we can do this. if we do it together.

i think when a host says -- >> the music? >> no, not the music. there's a lot of people waiting to find out if their lives will

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sure it's secure. and even if the power goes down, your connection doesn't. so how do i do this? you don't do this. we do this, together. bounce forward, with comcast business. i'm to help california's 19 most vulnerable. over 24,000 homes were destroyed by wildfires in less than two years. too many of those victims are also hit with a sudden tax hike after their forced to move. it's wrong. prop 19 limits taxes on wildfire victims and limits taxes on seniors and severely disabled homeowners. join firefighters and emergency responders in voting 'yes' on 19.

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