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Amy Coney Barrett Sworn in as Supreme Court Justice; Record Early Voter Turnout Across the U.S.; Biden Seeking Voters Support in States Trump Won in 2016; U.S. Facing Highest Infection Rate Since Outbreak Began; APA: U.S. Facing a National Mental Health Crisis; Wall Street Sees Worst Session in Weeks. Aired 4-4:30a ET

Aired October 27, 2020 - 04:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[04:00:00]

(COMMERCIAL BREAK)

ROBYN CURNOW, CNN ANCHOR: Hi, welcome to our viewers joining us here in the United States and from all around the world, you're watching CNN. I'm Robyn Curnow.

So just ahead --

(BEGIN VIDEO CLIP)

AMY CONEY BARRETT, SUPREME COURT JUSTICE: I Amy Coney Barrett do solemnly swear ...

(END VIDEO CLIP)

CURNOW: Just one week before election day, the United States has a new Supreme Court Justice.

Plus, both presidential candidates fight for support across the country taking closing their arguments to voters in key states.

Also, hurricane makes landfall on the Yucatan Peninsula and the U.S. Gulf Coast could be next. We'll look at the forecast.

ANNOUNCER: Live from CNN center, this is CNN NEWSROOM with Robyn Curnow.

CURNOW: Great to have you with me this hour.

So, just one week to go until the U.S. election, and the President is celebrating a big win. His pick for Supreme Court Justice, Amy Coney Barrett, was sworn in during a ceremony at the White House late on Monday. She was confirmed by a bitterly divided U.S. Senate filling the seat of Justice Ruth Bader Ginsburg who died last month.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Over the past few weeks, the entire world has seen Justice Barrett's deep knowledge, tremendous poise, and towering intellect, she answered questions for hours on end. Throughout her entire confirmation, her impeccable credentials were unquestioned, unchallenged and obvious to all.

(END VIDEO CLIP)

CURNOW: Democrats blasted President Trump and Republicans where moving forward with Barrett's confirmation so close to the election. But Barrett said she's honored to serve the country. Take a listen.

(BEGIN VIDEO CLIP)

AMY CONEY BARRETT, U.S. SUPREME COURT JUSTICE: And thank you, President Trump, for selecting me to serve as an Associate Justice of the United States Supreme Court. It's a privilege to be asked to serve my country in this office, and I stand here tonight truly honored and humbled. Thanks also to the Senate for giving its consent to my appointment. I am grateful for the confidence you have expressed in me, and I pledge to you and to the American people that I will discharge my duties to the very best of my ability.

(END VIDEO CLIP)

CURNOW: Barrett's confirmation solidifies the six to three conservative majority on the court as Kaitlan Collins now explains -- Kaitlan.

(BEGIN VIDEOTAPE)

[04:05:00]

KAITLAN COLLINS, CNN WHITE HOUSE CORRESPONDENT: It didn't take long after Amy Coney Barrett was confirmed by the Senate to the Supreme Court, that the White House held an event celebrating that confirmation on the South Lawn.

Though the event looked a lot different than the ones you've seen in the past at the White House, including the fact that despite hundreds of guests being invited, including the Republican lawmakers who voted to confirm Amy Coney Barrett to the high court, there was social distancing. The seats were spread apart. And you did see people wearing masks as was required by the White House.

And we're told that the people who did come into contact with President Trump were tested beforehand as you saw the President came out and the first lady.

One person who was not there was Vice President Mike Pence who, of course, has been choosing his events as he goes after several of his staffers and close aides tested positive for coronavirus. Something that we're seeing a second outbreak happened at the White House just a month after they held that event where the president said he intended to nominate Amy Coney Barrett to the Supreme Court.

Of course, that was an event that was later tied to an outbreak in the West Wing with several cases coming from that. So, you're seeing this as of course, you know, Amy Coney Barrett being nominated to the Supreme Court is really going to shape it. And it's something that the President is expected to tout on the campaign trail as he is making his final pitch to voters in these closing days.

But of course, you've also got to look at the optics of them holding this event. It was evening so you could see it's a little bit dark out there at the event last night as they were holding this.

Kaitlan Collins, CNN, the White House.

(END VIDEOTAPE)

CURNOW: U.S. Democratic Presidential nominee Joe Biden had some strong words about the confirmation, he says --

The rushed and unprecedented confirmation of Amy Coney Barrett in the middle of an ongoing election, should be a stark reminder to every American that your vote matters.

And now to a Supreme Court decision that shows just how much Barrett's confirmation matters. On Monday, the high court ruled that mail-in ballots in Wisconsin could be counted only if they're received by election day. Democrats had asked the court to allow the counting of ballots that arrive up to six days after election day if they were postmarked by November 3rd. The ruling was 5-3 and highlights how the court can impact election results.

Jessica Levinson is a professor of law at Loyola Law School and she joins me now from Los Angeles. Good to see you. President Trump has appointed a third of the bench. What are your thoughts right on the appointment of Amy Coney Barrett?

JESSICA LEVINSON, PROFESSOR, LOYOLA LAW SCHOOL: It's hard to overstate how important this appointment is. When Justice Ginsberg passed away, she was probably the most liberal justice on the court. Justice Barrett could turn out to be one of the most conservative justices on this current court and on future courts. Again, that shift in the balance of power is just huge.

There are some really big cases coming up just next month in front of the Supreme Court. A case dealing with health care, another case dealing with this battle between religious freedom and freedom from discrimination for the LGBTQ community. Another census case and of course looming election law cases. I think everybody on both sides understands it is really impactful that Justice Barrett is on the court.

CURNOW: Yes, and it could be impactful for decades. The court also just ruled on postal ball lots in Wisconsin. How likely do you think it is that this court will also adjudicate this election?

LEVINSON: I am increasingly thinking that it is more likely than not that a big case could reach the Supreme Court, a big post-election case. Of course, these pre-election matters have already reached the Supreme Court. One has to imagine that at least one Supreme Court Justice, Chief Justice John Roberts really hopes that that's not the case because he likes staying out of the political thicket.

And I have to say I don't think Justice Barrett wants an election case either because it's going to immediately test her. It will immediately be a question mark as to her independence. I think she'll be in a really difficult position because she doesn't want to make it look like a quid pro quo. Like President said, here is your job and she said, thank you, here's your job. She wants I think make that sure she's viewed independently, because as you said, she could be on the court for decades and decades to come.

CURNOW: With that in mind, how much does this late Supreme Court appointment, just the fact that it's there a few days before this election impact voters' minds right now?

LEVINSON: Well, I think that he has energized voters both Democrats and Republicans. I think Democrats are now kind of realizing and maybe we're slower to realize frankly the importance of the President's role in appointing judges. I think Republicans have done a better job at selling the importance of nominating federal judges. So, Democrats I think are looking at this and saying, how is it possible that we filled this seat in five weeks when Justice Scalia passed away and President Obama nominated Merrick Garland, there was no hearing for nine months.

[04:10:00]

I think Republicans are saying, all right, we might not like President Trump, but wow is he delivering on the federal judiciary, a third of the Supreme Court, so I think it's really energizing both sides.

CURNOW: It is just one week to go until the election. It's going to be a long one for most Americans, but we are seeing these record voter turnouts. We're seeing massive fundraising, particularly for the Democrats -- by the Democrats. What do you think these numbers suggest right now if you look at them?

LEVINSON: Yes, I think these numbers suggest a couple of things. Of course, we're actually in the election. Election day now is just the end of the election. So, what do the numbers suggest? One, that there's a lot of enthusiasm. I mean, I think almost 60 million people have already voted early, have voted by mail. But it also shows we're voting in a pandemic. So, there will just be fewer people who show up on election day.

Now the early numbers indicate that the early voters tend to skew as Democrats, but I think we have all kind of expected all along that the in-person voters will likely be disproportionately Republicans. In part because President Trump has said, there's something about the vote by mail system, there's something about absentee balloting that you can't trust. So right now, what we just see is probably a result of increased excitement on both sides, and the fact that we're voting in a pandemic and fewer people will be in person.

CURNOW: Jessica Levinson always good to speak to you and get your fascinating perspective. Thank you.

LEVINSON: Thank you.

CURNOW: So, it looks like the Trump campaign is seizing on the energy of the Supreme Court victory by hitting the trail hard today. Here is where they'll be. Mr. Trump is holding rallies in Michigan and Wisconsin. He narrowly won those in 2016 but polls show he's trailing Biden significantly now. He'll also make a stop in Nebraska. Vice President Mike Pence will hold three rallies in North and South Carolina. Meanwhile, first lady Melania Trump will make her first solo campaign appearance this afternoon in Pennsylvania.

And Mr. Biden is on the campaign trail as well, criticizing the President for the way he's handled the COVID pandemic. He's also visiting states Mr. Trump carried in 2016 that this time around are competitive. Jessica Dean has the latest from the Democratic candidate.

(BEGIN VIDEOTAPE)

JESSICA DEAN, CNN WASHINGTON CORRESPONDENT: Former Vice President Joe Biden making a surprise stop in Pennsylvania on Monday. There he spoke to voters. He also took some time to answer questions from member of traveling press who were with him. And he slammed President Trump and his response to the coronavirus pandemic. Saying that for months he's been saying that the Trump administration has been waving the white flag when it comes to this pandemic and giving up, and he said that their recent comments about not trying to contain the virus prove him right.

He also said there is no worse person to be leading the nation out of this pandemic than Donald Trump. Biden also announcing, he will be traveling to Iowa and Wisconsin in the coming days. That's in addition to previously announced stops in Georgia and also Florida. He heads to Georgia on Tuesday. It's a state that no Democrat has carried since 1992 in a presidential election. And we're told he'll be giving what amounts to a closing argument from there. It will echo speeches he gave in Gettysburg and also at his DNC acceptance speech back in August.

Those are themes of unity, of coming together to really overcome the vitriol and the polarization that this nation faces. An aide telling me that Biden going to Georgia this close to the election shows just how seriously they're taking that state.

Jessica Dean, CNN, Wilmington.

(END VIDEOTAPE)

CURNOW: Thanks Jessica.

So, with only one week to go before the election, the number of votes cast so far has surpassed all early votes cast four years ago. But this poll has pushed the polls as not being valid has been not without incident. Abby Phillip now explains -- Abby.

(BEGIN VIDEOTAPE)

ABBY PHILLIP, CNN CORRESPONDENT (voice-over): Early voting again bringing lines of voters in the final full week before the election.

UNIDENTIFIED MALE: Vote. Vote like your life depends on it.

PHILLIP: Even the ongoing coronavirus pandemic isn't putting a stop to civic duty.

UNIDENTIFIED MALE: The way the country is in right now, I think we're all trying to make a difference.

PHILLIP: The U.S. hitting record early turnout. More than 60 million Americans have already voted. Surpassing all 2016 early ballot casts. More young people and minorities are casting ballots early this time.

CHELSEA CRANDALL, BROOKLYN VOTER: I want us to be better as a country. I think there is a lot of injustice and things that need to be fixed.

PHILLIP: And this NASA astronaut proved you can vote even when it's zero gravity.

KATE RUBINS, NASA ASTRONAUT, VOTED FROM ISS: I think it's really important for everybody to vote. And if we can do it from space, then I believe folks can do it from the ground too.

PHILLIP: In battleground Georgia, the total ballots cast has more than doubled the ballots cast at this point in 2016. And in Texas, more than 7.3 million people voted so far according to data posted on the Texas secretary of state's web site.

[04:15:00]

That represents more than 43 percent of registered voters. In 2016, only about 59 percent of registered voters actually voted.

UNIDENTIFIED FEMALE: Now I voted.

PHILLIP: As Maryland begins its first day of early voting, concerns about long lines and violence continue. In New York City protesters clashed in Times Square on Sunday resulting in at least nine arrests. Boston police arrested a suspect in connection with a ballot drop box allegedly set on fire.

WILLIAM F. GALVIN, MASSACHUSETTS SECRETARY OF THE COMMONWEALTH: This is a very serious issue. It's a federal crime. We are going to insist on prosecuting whoever did this.

PHILLIP: The incident prompting the Massachusetts secretary of state to issue a directive for election departments to step up security through election day.

(on camera): And a word of caution for voters who live in states where the signature on their ballot must match the signature that is on file. There was a recent study that looked at the rejected ballots in the state of Florida and found that black, Hispanic, and younger voters were more likely to have their ballots rejected because of reasons like their signature not matching.

It's just another sign that there could be potential problems with ballots that could cost thousands of them to be rejected and not counted on election day.

Abby Phillip, CNN, Washington.

(END VIDEOTAPE)

CURNOW: You're watching CNN. Still to come, the dreaded full surge of COVID is here as the U.S. faces its highest infection rate since the pandemic began. That's next.

[04:20:00]

(COMMERCIAL BREAK)

CURNOW: Welcome back, I'm Robyn Curnow. So, the U.S. is now averaging more than 68,000 coronavirus infections a day. It's the highest rate since the pandemic began. Now over the past week, at least 37 states have seen a rise in new cases as you can see from this map and many have recorded their highest 7-day averages. Among them, South Dakota, where 23 out of every 100 tests are coming back positive. We get more now from Brian Todd -- Brian.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT (voice-over): It's gotten to the point where even some of the most hardened public health officials can't take it anymore, like Illinois' top health officer, when she gave an update on cases and deaths in her state.

DR. NGOZI EZIKE, DIRECTOR, ILLINOIS DEPARTMENT OF PUBLIC HEALTH: For a total of 364,033 confirmed cases since the start of this pandemic. Excuse me, please.

TODD: The coronavirus resurgence that top health officials warned about is here. The U.S. is now reporting its highest level of weekly new cases ever, since the pandemic started, now surpassing even the worst of the surge in July, 37 states are worsening from coast to coast. None are improving.

DR. SCOTT GOTTLIEB, FORMER U.S. FDA COMMISSIONER: We're at a dangerous tipping point right now. We're entering what's going to be the steep slope of the curve, of the epidemic curve.

TODD: Former FDA Commissioner Dr. Scott Gottlieb also says there's, quote, no backstop. Meaning no barrier to a rise in cases, no forceful policy intervention from national, state and local officials to stop the rise. Other top experts agree.

DR. TOM INGLESBY, JOHNS HOPKINS BLOOMBERG SCHOOL OF PUBLIC HEALTH: I'm very worried about what's coming in the weeks ahead, because I don't see a lot of changes in direction from state leaders or from what they're asking people to do differently.

If there aren't substantial changes in what individuals are doing or what state leaders are directing, then these numbers are going to continue to go up and hospitals are going to go into crisis.

TODD: That's already happening in Utah, where a top hospital official says the state is very close to having to ration hospital care.

GREG BELL, PRESIDENT, UTAH HOSPITAL ASSOCIATION: At the end of the day, some senior person versus some very healthy young person probably would not get the nod.

TODD: In Wisconsin, a state ravaged by the virus, a special field hospital has been taking in overflow patients for days. Patients like 34-year-old Amanda Best, a nurse who agreed to be transferred, even though she wasn't stable.

AMANDA BEST, COVID-19 PATIENT: It was more, we need room. But are you going to because you're the youngest one we have?

TODD: In El Paso, where local hospitals have experienced at least a 200 percent increase in patients, the Convention Center is being converted into a hospital and an overnight curfew is in place to limit people's mobility.

In Arizona, an entire middle school, students, staff, teachers, everyone forced to quarantine for at least two weeks because of exposures to the virus.

America's top voice on the pandemic said on Monday, this probably isn't another wave of the virus, because the first wave likely never ended.

DR. ANTHONY FAUCI, DIRECTOR, U.S. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: If you want to call it the third wave or an extended first wave, no matter how you look at it, it's not good news.

TODD: Dr. Anthony Fauci and other top health leaders in America say it's time to think about a national mandate for every American to wear a mask in public.

FAUCI: That everyone agrees that this is something that's important and they mandated it, everybody pulls together and say, you know, we're going to mandate it, but let's just do it, I think that would be a great idea, to have everybody do it uniformly.

TODD (on camera): Dr. Fauci and other top experts agree that there could be legal challenges to a national mandate to wear masks and then enforcing that rule could be difficult. But they say, if there's any time to put that rule in place, it's now because there are too many people across the country who either don't bother to wear masks or who are openly resisting. It

Just this past weekend in south Florida, there was a protest against mask wearing, where people actually burned masks.

Brian Todd, CNN, Washington.

(END VIDEOTAPE)

CURNOW: Thanks Brian for that.

So, there's no doubt that 2020 has been a stressful year for people all over the world. And now the American Psychological Association is ringing the alarm bell. It says the U.S. is facing a national mental health crisis, and it warns it could have serious health and social consequences for years to come, especially for young people.

In a new survey, 78 percent of Americans say the coronavirus is a significant source of their stress, and 67 percent say they have experienced increased stress over the course of the pandemic. While I asked the CEO of the organization about what factors are driving the anxiety.

(BEGIN VIDEOTAPE)

ARTHUR C. EVANS, CEO, AMERICAN PSYCHOLOGICAL ASSOCIATION: We have a perfect storm of issues that are causing a lot of psychological distress. So, you know, what is interesting is that when we ask people about stressors that they had prior to COVID, those stressors remain intact. So, concerns about climate and the economy and those kinds of things, but also, now there are the added of stressor related to COVID, to the economic downturn, to the election.

[04:25:56]

In fact, we had the highest number of people reporting election level stress that we have ever recorded. So, 68 percent of Americans are reporting that they are stressed by the election, and that cuts across the political line. So, Democrats, Republicans and independents, the majority of all those groups are stressed by the elections.

(END VIDEOTAPE)

CURNOW: Thanks to Arthur C. Evans there for his analysis.

Now U.S. stocks slide in response to rising COVID cases, and thinning hopes of a stimulus deal before next week's election, a live report on what's in store for the markets, that's next.

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CURNOW: Welcome back, I'm Robyn Curnow.

So, the U.S. President's pick for the Supreme Court, Amy Coney Barrett, has now been sworn in. Her confirmation by the U.S. Senate cements a conservative majority on the high court just a week before the election.

Now speaking of the election, President Trump is heading to Michigan, Wisconsin and Nebraska to campaign for last minute support. U.S. Democratic nominee Joe Biden will be hosting two events here in Georgia while former President Barack Obama campaigns for him in the battleground state of Florida.

And fading hopes for an economic stimulus, soaring coronavirus cases and of course anxiety about the election all added up to Wall Street's worst session in weeks. The Dow closed down 650 points, but now U.S. futures are in positive territory. But that initial pessimism extended to Asia, as you can see here, where markets were mostly down. And then trading across Europe is now underway, and that's why I want to go to Anna Stewart in London. Anna, Hi. So, let's just first of all talk about the Dow.