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Supreme Court Justice Ruth Bader Ginsburg Passes Away; President Trump Reportedly Considering Replacements for Supreme Court Justice Ruth Bader Ginsburg; Senate Majority Leader Mitch McConnell Announces Intention to Confirm President Trump's Nominee to Replace Supreme Court Justice Ruth Bader Ginsburg; Republican Senators Pronouncements from 2016 on Not Holding Hearings on President Obama's Supreme Court Nominee Due to Pending Election Examined; New Study Indicates Social Distancing to Prevent Coronavirus Spread Not Effective in Planes. Aired 10-11a ET

Aired September 19, 2020 - 10:00   ET

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

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[10:00:29]

ANDERSON COOPER, CNN ANCHOR: I'm Anderson Cooper in New York. Thanks for joining us today. There's a lot to cover as we remember the life of the late Supreme Court Justice Ruth Bader Ginsburg and look at her legacy as one of the icons of her time. We'll examine her legacy as both a respected jurist, a masterful teacher, and an inspiration to women and young girls across the country and across the decades. We'll also delve into what she leaves behind. The 87-years-old justice endured a final battle with pancreatic cancer surrounded by family at the end. Her last wishes were for the country and the politicians to step back, pause, and wait until November, wait until the voters decide who will be the next president before pushing ahead to fill her seat.

Let the voters decide, as Republicans demanded and forced just four years ago, but those same Republicans now seem to be changing their tune as they're faced with the possibility of losing the White House and the Senate.

Sadly, people who knew Justice Ginsburg will have mourn her loss while a very divisive political discussion swirls around her, and that has already begun. Just shortly after news broke of her death, U.S. Senate Majority Leader Mitch McConnell released a statement promising to fully support President Trump in the very partisan process to find Justice Ginsburg's successor. CNN's congressional reporter Lauren Fox is on Capitol Hill. Lauren, so Justice Ginsburg reportedly told her granddaughter just a few days ago that she wanted her replacement on the court to be named by the next U.S. president. It doesn't seem like that is going to happen.

LAUREN FOX, CNN CONGRESSIONAL REPORTER: Well, that's right, Anderson. Like you said, Majority Leader McConnell made it crystal clear last night with that statement that his plan is to move forward on President Donald Trump's nominee to replace her once Trump names that individual. Now, the big question right now on Capitol Hill is how fast will that process move? Of course, we are only a few weeks away from the presidential election, but some conservatives I am talking to are telling me that they are hoping McConnell moves faster with this process.

Their concern, of course, is that after the election, if you wait until after the election, you get into a position where perhaps Senate Republicans lose the majority and Democrats regain it. Perhaps Donald Trump loses the White House. Even though Republicans would still be in control of the Senate in that lame duck period in Congress after the election, the question becomes would moderate members feel comfortable moving ahead with Donald Trump's nominee for the Supreme Court? That's why some conservatives are saying do it as fast as you can right now. If you have the power, make the decision and move forward.

Now, that puts some members up for reelection in a very tough position. That's why the popular line of thinking right now on Capitol Hill is that McConnell would wait for the lame duck. But I'm telling you that right now this is still very much an open question. McConnell is going to be having conversations with his own members. Look forward to next week when Republicans will all be in a room for that Republican Senate lunch on Tuesday. That's going to be key. Members going into that meeting, they're going to hear from their colleagues. They're going to hear other concerns from members up for reelection.

But remember, McConnell can only lose the three Republican members. So all eyes are going to be on people like Mitt Romney, Susan Collins, Lisa Murkowski, people who have crossed the aisle in the past on critical votes. McConnell cannot lose that fourth Republican. And just to make things a little more complicated, Anderson, there is a potential that if McConnell waited until after the election in Arizona, because that is a special election seat, it is possible that if Democrat -- if the Democrat Mark Kelly beats Martha McSally in that race, he could be seated at the end of November. That means McConnell has even less room for error. Part of the conservative argument there, of course, for moving this forward before the election. Anderson?

COOPER: Lauren Fox, appreciate it.

A source close to President Trump tells CNN that the president has been, quote, salivating, in that sources' word, to nominate a replacement for Justice Ginsburg even before her death, and that the possibility of naming a new Supreme Court justice has weighed on this mind. Our senior Washington correspondent Joe Johns is at the White House this morning. Joe, the source is also telling CNN the president already has someone in mind.

JOE JOHNS, CNN SENIOR WASHINGTON CORRESPONDENT: It seems clear that the president has been talking privately to people about nominating a woman to the Supreme Court should a vacancy make itself available. And one of the names that has certainly come up again and again is Amy Coney Barrett. She is already a judge. And the president apparently discussed the possibility of nominating her before but apparently held her back.

[10:05:05] And so we're told the president's very interested in nominating a female justice in order to boost his support among female voters out there. And my colleague, Kevin Liptak here at the White House also has been told the president could start as early as next week interviewing individuals as possibilities for the court. Of course, the president has spoken with Amy Coney Barrett before.

And some other dribs and drabs of information we have been picking up. We are told by one senior Democratic aide that even on the Democratic side there is a view that the president and the Republicans have extra incentive to at least start this process, and that would mean getting a nominee as well as even holding hearings, starting the process in other words, but not necessarily holding a vote until after the election, in that way giving some cover, if you will, some wiggle room, as a source described it, for those vulnerable Republicans who are still facing an election coming up in November.

The press secretary for the White House, Kayleigh McEnany, was out here on the parking lot just a little while ago and was given repeated opportunities to talk about replacing Justice Ginsburg. She didn't do that. She talked about this being a time to honor the memory of Justice Ginsburg. I personally asked her if the president had spoken yet to Mitch McConnell, the Senate majority leader. She said not to her knowledge. So that is sort of the state of play as we go forward, Anderson. Back to you.

COOPER: Joe Johns, Joe, appreciate it.

Now the elephant in the room, the very passionate position that that top Republican stuck to four years ago and the different tone that they are taking now. To remind you, there was a sudden Supreme Court vacancy. President Barack Obama was going to fill it. It was an election year, and the prominent GOP voices were adamant that it was time to slow down, to not rush to fill the vacancy, that the American people should choose at the voting booth. Now, this is some of these Republican senators in 2016, particularly Senator Lindsey Graham, who painted an almost eerie picture of exactly what is happening right now. Watch.

(BEGIN VIDEO CLIP)

SEN. LINDSEY GRAHAM (R-SC): I want you to use my words against me. If there's 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 could use my words against me and you would be absolutely right. We're setting a precedent here today, Republicans are, that in the last year, at least of a lame duck eight-year term, I would say it's going to be a four-year term, that you're not going to fill a vacancy of the Supreme Court based on what we're doing here today. That's going to be the new rule.

SEN. MITCH MCCONNELL (R-KY): The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country. So, of course, of course, the American people should have a say in the court's direction. SEN. MARCO RUBIO (R-FL): I don't think we should be moving forward on

a nominee in the last year of this president's term. I would say that if it was a Republican president.

SEN. TED CRUZ (R-TX): President Obama is eager to appoint Justice Scalia's replacement this year. But do you know in the last 80 years we have not once has the Senate confirmed a nomination made in an election year, and now is no year to start. This is for the people to decide. I intend to make 2016 a referendum on the U.S. Supreme Court.

(END VIDEO CLIP)

COOPER: Well, Republicans in the Senate will make their choice -- stay true to their words, to their arguments then, or push ahead trying to skew the court even more to the right.

Joining me now to talk about the late Justice Ginsburg and the fight over her legacy are constitutional law professor Gloria Browne- Marshall, and Vanita Gupta, president of the Leadership Conference on Civil and Human Rights. Vanita, what options do Democrats have here?

VANITA GUPTA, PRESIDENT AND CEO, THE LEADERSHIP CONFERENCE ON CIVIL AND HUMAN RIGHTS: Well, Democrats have a lot of options, and I think the American people have a lot of options. Voting is under way, first of all, 100,000 people voted in North Carolina. People are in lines, already long in Virginia this morning, saying that Justice Ginsburg's death is a prime motivator for them to get out and vote early.

The people need to decide, and you just played a string of Republican senators who made the statements that they did. I will say that Chairman Graham, chairman of the Senate Judiciary Committee, today reiterated that statement even in 2018. And the question, as you said, as they now face a fork in the road. The American people need to decide, and under no circumstances should the Senate consider a replacement for this nominee.

[10:10:03]

We can use their words against them. A lot of Republican senators are very vulnerable right now. The American people are energized. It used to be, Anderson, that conservatives seemed to be the only ones energized about a Supreme Court vacancy. That is absolutely not the case today. People know, women know what's at stake. The Supreme Court touches every part of our lives, and voters are energized to do what they can to save our democracy and save the court.

And I think that we now need to put maximum pressure on these Republicans in vulnerable races, on Senator Graham, who has made his positions clear over and over again, to hold them to their word, to hold out their hypocrisy, to keep challenging them in their elections on this. But to me, right now there is no choice. The American people are voting. And they need to choose a president who will then be able to choose and confirm a new Supreme Court justice.

COOPER: Professor Browne-Marshall, it's an understandable argument, but Republicans have the ability to move forward whether or not it's hypocritical based on what they said previously. And Mitch McConnell has certainly said that's what they plan to do.

GLORIA BROWNE-MARSHALL, CIVIL RIGHTS ATTORNEY: If it's a matter of stand by their word or being seen as a hypocrites, we have seen nothing in what's happened with the Republicans up to this point where they are ashamed at all about hypocrisy. But I do go back to what Vanita is saying in that the American people need to understand we have a Justice Department that is not defending justice. William Barr, if he stays attorney general, has already promised that he's going to use the insurrection clause of the U.S. Constitution to send troops into crush protests.

We have already seen that voting rights issues and voter suppression cases are going to the U.S. Supreme Court. That U.S. Supreme Court is not going to just determine these voting cases that are going up before the election, but also what's going to happen with voting issues going forward. LGBT issues are on the line. Issues regarding executive privilege and how much power the president is going to extend even beyond what's his unprecedented use of the executive power privileges. There are so many issues on the line that are going to tell people, you have to look at yourself and your values. You cannot trust the majority of the U.S. Senate. What are your values, and not just vote for yourself, but have other people come out and vote, because this Supreme Court, as in Bush versus Gore, is probably going to be dealing with an issue that deals with whether or not this president or Joe Biden has won the election. And so if they sneak a Supreme Court justice in now, they're going to, of course, have that tilted in the direction of President Biden (ph) staying in office.

COOPER: Vanita, some Republicans are saying the difference lies in the fact that Barack Obama was a lame duck president while Donald Trump is running for reelection. They also say the difference was that the fact is now you have a president and a Senate which are of the same party.

GUPTA: Look, they're going to try to backtrack. Let me make no mistake. Senator McConnell for the last four years has been single- minded about his focus to jam our federal courts with the most extreme nominees because he understands these are lifetime nominees. It's not that I think that Senator McConnell is going to do the right thing here. But what I am saying is voters have the power to exercise their power. These are -- there are a lot of vulnerable Republican senators right now that stand to lose. And I think Senator McConnell is making that political calculation and trying to figure out the timing on all of this.

So, it is -- voters have power here, and I think there's no question, as Gloria said, we're out of a precipice of all out authoritarian regime taking place. I know it sounds extreme to a lot of American, but as somebody who was in the Justice Department watching what is happening across all of our democratic institutions, this is a time for voters to stand up and make it very clear to these Republican senators in particular, but to every senator, that folks need to hold the line in this moment.

RBG, Justice Ginsburg's legacy is, she is iconic, she is legendary. People understand who she was and what her legacy stands for and what's at stake with this Supreme Court. And there simply cannot -- we have got to put maximum pressure that the Senate absolutely cannot consider any nominee. Even if President Trump wants to nominate one now, cannot consider a nominee until after an inauguration. And I just think people are energized around this.

COOPER: Professor, I'm wondering what you think about the idea of some Republicans floated that if Republicans move on a new nominee, that Democrats, if in fact Joe Biden comes into power, wins the election, would move to try to expand the size of the Supreme Court.

[10:15:08]

BROWNE-MARSHALL: Well, we know that that was attempted by Franklin Delano Roosevelt, and the Supreme Court then said that you cannot expand the sides of the Supreme Court. The Constitution doesn't have any particular level of number of justices. So it doesn't say that it has to be nine or 12. The number has changed over time. But the Supreme Court during the time period of Delano Roosevelt said that, yes, this is going to be the number nine, it is going to stay the number nine, and you cannot expand it for political purposes.

So the Republicans are floating out any number of issues trying to muddy the water. As was pointed out. Justice Ginsburg was a willful warrior. She understood what was at stake. And I think that's what's happening around this issue, that the Republicans and the Democrats understand what is at stake. It's a matter of who is going to go to the polls. And as these judges that are being put in place again and again in the other line in courts, the Supreme Court begins its next session in a little over two weeks. If there is a four to four decision, it falls back to the previous decision of the lower courts. Those lower courts have been packed with Donald Trump nominees, Donald Trump conservatives, some of them ill-equipped to be in those positions. We're already suffering under this burden of Donald Trump's legacy in the courts. If he is allowed, or the U.S. Senate under the Republicans are allowed to put more conservatives in, this is going to be disastrous for the next 40 to 50 years.

COOPER: Gloria Browne-Marshall, Vanita Gupta, I appreciate your time. Thank you very much.

Coming up, we're going to talk about the Justice Ginsburg's final days and what her granddaughter said is her last wish.

Plus, we'll talk about who is on the president's short list to replace her with just 45 days until the election.

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[10:21:06]

COOPER: In the last days of her life, Supreme Court Justice Ruth Bader Ginsburg dictated a dying wish to her granddaughter, telling her, quote, my most first fervent wish is that I will not be replaced until a new president is installed. It does not appear that this may happen. Within hours of Justice Ginsburg's passing, Senate Majority Leader Mitch McConnell issued a statement vowing to bring a Trump nominee to a vote even with the election just 45 days away. And just so you know, on the righthand side of your screen you're

seeing the outside Supreme Court where a makeshift memorial has sprung up. It began last night. We've been seeing all day today people coming by, putting flowers, and having conversations, standing, wanting to pay their respects to the Supreme Court justice.

Joining me now, the former law student responsible for turning Justice Ginsburg into a pop culture icon, Shana Knizhnik, created the blog "The Notorious RBG" back in 2013. She later co-authored the book "Notorious RBG, The Life and Times of Ruth Bader Ginsburg," and on a personal note, the justice officiated Shana's wedding ceremony, or legal wedding ceremony exactly one year ago today.

Shana, I'm so sorry for your loss. To see that wedding photo, and this being the one-year anniversary of that day, it's -- what are your thoughts today?

SHANA KNIZHNIK, CIVIL RIGHTS ATTORNEY: Thanks for having me, Anderson. Yes, it is certainly a bittersweet moment. I think I'm sorry for all of our loss today. I think I can speak for all of us who love RBG, that we're all mourning the loss of a true giant in our history. And I'm honored to have been able to tell her story and bring that story to so many people who have been inspired by it. And I hope that we can continue her fight and her -- take some inspiration in the strength that she showed throughout her life.

COOPER: The nickname, the moniker Notorious RBG, why do you think that that applied to her? What sort of -- it clearly resonates with a lot of people.

KNIZHNIK: Sure. Well, it's obviously a reference to the late, great Notorious B.I.G. who Justice Ginsburg was always quick to point out that they had a lot in common. They were both born and bred in Brooklyn, New York. But it started out as a joke, right? It was sort of a play on contrasts between this amazing rapper who died very early in life and this diminutive, octogenarian Supreme Court justice. But I think that her notoriety, her incredible superhero status in American culture was something that people were sort of yearning for, and especially young people and young women in particular, because we just don't have that many role models to look up to who have achieved what she had achieved, and also who had fought so much in her own life for the values that we're still fighting for today.

In Shelby County Versus Holder dissent that she orally announced from the bench in 2013, which is actually the day that I started the blog. She quoted Martin Luther King Jr., "The arc of the moral universe is it bends towards justice," but she added her own line at the end that said, but only if there's a steadfast commitment to see the task through to completion. And I think no one could ever doubt her commitment to that task. And so now it's upon all of us to continue that.

COOPER: We heard from her granddaughter said a couple days ago Justice Ginsburg said that her fervent wish was to have her replacement named by the next president. Do you think that she expected Republicans to honor her wish? [10:25:10]

KNIZHNIK: She was an institutionalist, certainly. She believed in the enduring nature of our institutions as a society. She felt that she was -- she herself called herself a form of originalist because she thought that the Constitution had values that could be expanded upon, and that was really the true nature of the originalism.

So I think that she believed in those values and wanted to believe that they would be honored. Obviously, her legacy is at risk, and I'm hopeful that -- well, I'm not hopeful necessarily that Republicans will do the right thing. But I'm hopeful that we, those of us who care about the fights that she fought, and are going to continue those fights, will put immense pressure on those in power to make sure that that legacy is not in vain.

COOPER: Shana Knizhnik, I appreciate you coming on, especially on the anniversary of your wedding. Thank you very much.

KNIZHNIK: Thank you, Anderson.

COOPER: Just in. The president has just issued his first response on filling Ginsburg's seat. We'll have that next.

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[10:30:59]

COOPER: Just in. The president is telling Republicans publicly on Twitter that it is their obligation to fill Ruth Bader Ginsburg's seat without delay. This is his first response about the strategy going forward. He says "We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court justices. We have this obligation without delay."

Just for some historical context, here's how long it's taken to fill the seats. The span for Justice John Paul Stevens was the shortest, 19 days, it took 99 days for Clarence Thomas. CNN Supreme Court reporter Ariane De Vogue joins me now with more. So in Supreme Court history, is there any comparison to where we are right now?

ARIANE DE VOGUE, CNN SUPREME COURT REPORTER: Well, it's difficult to tell, right, because you're right. The time between confirmation and nomination, or nomination and confirmation, has really varied radically. As you see, Ruth Bader Ginsburg, it was about 42 days. Kavanaugh was longer at 88 days. But remember, his confirmation hearing blew up, as did Thomas's who was 99.

I spoke to someone today who said one thing that's important is, first of all, obviously the president would have to act quickly. And then the nominee, whoever it is, would have to fill out this very long questionnaire for the Senate that often takes up a lot of time, and maybe then there could be something within the next 28 days from there. And one other key point, Anderson, is usually the nominee is announced

to great fanfare and then has to go and do these meet-and-greets, remember, meeting with all these members of Congress. Well in the age of COVID, that may end up being something like a Zoom meeting. So that could speed things up.

But I have to tell you a little bit being out here on the plaza this morning, people are really gathering around here. There's signs. There's flowers. We hear that Kamala Harris actually stopped by. We didn't see her. Maybe that's because everybody is wearing masks. You really see that this woman, unlike any of the other justices, captured the public's attention. There was all that swag about her. She was tiny, but those dissents that she wrote really roared. We have seen some candles and handmade signs. One of them said women belong in all places where decisions are made, and that, Anderson, is quoting Ruth Bader Ginsburg herself.

COOPER: Ariane De Vogue, appreciate it. Thank you very much.

Joining me now with more, CNN political commentator S.E. Cupp, host of "S.E. Cupp Unfiltered," and CNN political commentator Matt Lewis, senior columnist for "The Daily Beast." I want to get your reaction to the president's response this morning, the Republicans should fill the seat without delay. S.E., certainly no surprise that the president is saying that and pushing for that. How do you think they'll go about it?

S.E. CUPP, CNN HOST, "S.E. CUPP UNFILTERED": Well, listen, to me it seems a little like a buying the cow when you can get the milk for free situation. I don't think it's politically smart to do it before the election. Why would you give away this huge chip to millions of supporters, evangelicals, even some folks who maybe weren't planning on voting for you, when you can hold on to it and use it to get elected, say but for me and you won't get this other pick.

I think that was one of the great failings of the Kavanaugh pick, which really energized Republicans, but it also mobilized Democrats. And what did Trump do before the 2018 midterm elections? He said these elections aren't as important as mine was and as mine will be in 2020. And guess what happened, just enough people stayed home for Democrats to take the Senate (ph). That could very well happen again here if Trump doesn't understand the value of turnout and the importance of maybe using this opportunity to turn more people out for him.

COOPER: Matt, do you see that as a strategy the president might use?

MATT LEWIS, CNN POLITICAL COMMENTATOR: Well, that's definitely a plausible strategy. Tim Alberta over at "Politico" has a piece making that very case, and it's a compelling argument.

[10:35:02]

If you look at 2016, it seems likely that the reason Donald Trump won is because Mitch McConnell held that Merrick Garland seat open, and people knew that whoever won the presidency was immediately going to get a lifetime appointment on the Supreme Court. And I think if you're a conservative, if you're like, say, a never-Trump conservative, you don't like Donald Trump. But you're prolife. You believe in the conservative cause. Maybe now this is a reason to get out there and vote, right? We've had to take the downside of Donald Trump. We've had to take all the bad parts about Donald Trump. Maybe we could at least get the good -- something good could come of it if we were to get a conservative justice.

So I think S.E. makes a good point. Mitch McConnell is very shrewd. I would not second guess whatever decision he makes. But I think it's definitely a plausible scenario.

COOPER: That argues, though, for -- there's a middle ground on that, which is wait until votes are cast, until after November 3rd, and then in the lame duck session, depending on the results of the session, or either way, move to try to get a new justice on.

LEWIS: Definitely. I think this would be Donald Trump's legacy ultimately. If he were to lose having another lifetime appointment that would be three on the Supreme Court would be a legacy item. But it would be, as you can imagine, it's going to be incredibly contentious, and holding this open has implications not just in terms of helping Donald Trump, but it also helps and hurts different Republican senators running. So Mitch McConnell is not just going to be thinking about how do we win the presidency. He's going to be thinking about what does this do to my chances of staying the majority leader.

COOPER: S.E., there's hypocrisy on all sides of political aisles. Do you see Lindsey Graham and others going back on their staunchly held positions from 2016?

CUPP: Gosh, if things like hypocrisy and intellectual honesty and integrity meant a whole lot to Republicans these days, I think we would be in a much different place. But I don't think you'll see any flinching at the fact that folks that Lindsey Graham or Mitch McConnell said one thing yesterday and will do the exact opposite today. We've seen that throughout Donald Trump's presidency where he's done things -- there's a whole cottage industry about what if Obama had done it. So I don't think hypocrisy hold anyone back, unfortunately. You wish things like that matter, but they just don't today. And so Republicans I think are going to do what they think is the smartest option. I think impatient, impetuous Trump will try to get a nominee before the election, but smart Trump would wait.

COOPER: Matt, let's talk about some of the key senators to watch, Susan Collins, Joni Ernst, Cory Gardner, David Perdue, Thom Tillis, Mitt Romney, though he's not on that list. Where do you think a lot of them end up?

LEWIS: I think that for most of the Republicans this is good for them. And so, including someone like Martha McSally in Arizona, who is facing a very difficult reelection, I think this probably helps her. I think the same thing with Cory Gardner in Colorado. You can even argue maybe he's already lost, maybe even McSally and Gardner have already lost, and picking a conservative justice could be part of their legacy as well. I think Maine is a state to watch. That does put a squeeze on their

senator. I think someone like Murkowski in Alaska and Mitt Romney, they're really the question for me. The moderate, anti-Trump Republicans are, I think, the people to watch. But by and large, even though this is very controversial, even though there is going to be so much outcry from a lot of Americans who are going to view this as just inappropriate and a violation of norms, for most Republicans I think this is actually a helpful political thing, not a hurtful political thing.

COOPER: Matt Lewis, S.E. Cupp, appreciate you joining us. Thanks so much, appreciate i.

Just ahead, I'll speak with Lindsey Graham's opponent on the senator's promises.

Plus, news on the coronavirus pandemic, including new studies that show simple spacing will not stop the spread on planes.

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[14:43:50]

COOPER: The U.S. is approaching 200,000 deaths from the coronavirus this weekend. This comes as two new studies demonstrate how easily the virus can be spread on airline flights, and that simply spacing people on planes does little to stop it. I want to bring in CNN medical analyst Dr. Celine Gounder. Doctor, planes are uniquely closed environments. I'm wondering, are you surprised at all by these findings?

DR. CELINE GOUNDER, CNN MEDICAL ANALYST: Anderson, we have been saying from the beginning that we have to layer different measures to prevent transmission, so that includes wearing a mask, social distancing at least six feet apart, which is pretty hard even with any kind of spacing on a plane to be six feet apart from everybody, and then finally good ventilation. Airlines do have very good ventilation. They were designed for the old days when people would smoke on planes. But it's still not the same as being outdoors. And even outdoors we're still recommending wearing masks and remaining six feet apart.

COOPER: In one study researchers concluded, quote, "The risk for on board transmission during the long flights is real and has the potential to cause COVID-19 clusters of substantial size even in business class." The study team went on to say that airlines need to improve their onboard infection prevention measures and arrival screening procedures.

[10:45:02]

If somebody is watching this in an airport right now, about to get on a plane, what should they be going through to better ensure their safety? What should they do?

GOUNDER: Well, first of all, if you feel sick, don't travel. You may also want to consider getting a test for coronavirus before you travel so that you don't infect others. Unfortunately, a lot of people do not have symptoms, as we know, and can still transmit. So you should absolutely bring a mask, wear a mask on the plane. And ideally if you have some way of covering your eyes, those are a mucus membrane through which you can be infected with droplet spread. So even just wearing glasses if not a face shield will help reduce your risk of transmission.

COOPER: We began seeing another uptick in new cases this month. This past week five states reported 50 percent increase in new cases over the prior week. Right now we're on the cusp of the regular flu season starting. What will this rise in cases mean in the months ahead?

GOUNDER: Well, it's really going to make it very difficult for us to sort out who has coronavirus when they come to the doctor's office or the hospital versus who has the flu. And it's sort of like trying to find a needle in a haystack. The more cases of the flu we have, the harder it is to tease those two apart. So, really to protect yourself, to protect your community, and not to mention to protect the health care system, one of the most important things you could do right now is get a flu shot so at least you don't get the flu this winter.

COOPER: Also, mask wearing may reduce transmission -- would reduce transmission of the flu. So it's another reason to wear a mask.

GOUNDER: A hundred percent. So the mask will prevent the transmission of all sorts of respiratory viruses. So I think people may start to see some of the benefits here, whether it's preventing the flu, coronavirus, or just the typical coughs and colds. I think if we do those things, if we do the mask wearing, the social distancing rigorously, we will see a big effect on all of those.

COOPER: Dr. Celine Gounder, appreciate it, thank you.

Coming up, we'll talk about who the president is considering to fill the seat left by Ruth Bader Ginsburg. We'll take a look at that next.

(COMMERCIAL BREAK)

[10:51:36]

COOPER: A source close to President Trump says he's been, quote, salivating, that was the word the source used, to name a Supreme Court nominee since even before Justice Ruth Bader Ginsburg's death Friday. You'll recall, less than two weeks ago he released an updated list of potential nominees, and we're told one person is at the top of the list. The source says that President Trump would, quote, love to pick U.S. District Court Judge Amy Coney Barrett but doubts the Senate would confirm her.

Let's talk about it with CNN legal analyst Elliot Williams. He's a former deputy assistant attorney general and federal prosecutor. Elliot, thanks for joining us. Why would Judge Barrett -- why may she have any issue being confirmed?

ELLIOT WILLIAMS, FORMER DEPUTY ASSISTANT ATTORNEY GENERAL: Well, again, she's expressed some very strong views about LGBT people. And so that may be somewhat controversial there. And it all comes down to what voters are going to think about this decision.

Anderson, let's pull back for a quick second. Neither you nor I are Jewish, as we know, as we talked about. And the mourning period for Jews is seven or eight days. And it's remarkable that literally within hours of Ruth Bader Ginsburg's death the Senate majority leader was out talking about replacing -- you're not talking about a regular Supreme Court justice. This is a civil rights icon. And so your quote about the president salivating, it's tragic that this is the state of how we are talking about this individual, who, again, was far bigger than any one Supreme Court justice.

Now, on this question of justice -- of Judge Barrett or whomever else, what the choice will come down to for the president is, how does the nominee motivate his base? This is not about swing voters. This is not about the integrity of the Supreme Court. It's how do white men without college degrees care about what happens here. And that's what the entire calculus -- and any other nominees we can talk about today, that's what this is all going to come down to.

COOPER: There are other notable names that have been discussed, putting them up, you said Amy Coney Barrett, Amul Thapar. Who are they?

WILLIAMS: Yes, so we can walk through a few of them.

So Amy Coney Barrett and also Judge Lagoa on the 11th Circuit, there are two women on the list, but again, gender balance has never -- people are talking about this, that the president feels some obligation to replace Justice Ginsburg with a woman. Gender balance has never been a factor for the president of the United States. I think three of 15 cabinet members right now are women. This is not about some feminist goal. It's about getting a conservative on the court and exciting conservatives.

So those are two. There's Amul Thapar from Kentucky, who is a protege or at least known by Senator Mitch McConnell, and he has been talked about as a nominee who on the surface provides a measure, or a modicum of diversity by being an Asian American. I keep getting back to this point, but this is such, in a crass, cold political time, this comes down to a political calculation. And there are others as well, too. Sorry, go ahead.

COOPER: Elliot Williams, appreciate it. Thanks very much.

Pretty soon, Senate Democrats will be holding a call to discuss their strategy going forward. I'll speak live with one of them.

[10:54:52]

Plus, more on the breaking news. The president already rallying Republicans to fill Ginsburg's seat. New CNN reporting on why he believes this pick may help him win over female voters.

(COMMERCIAL BREAK)

COOPER: Good morning, I'm Anderson Cooper. Thanks for joining us for our special coverage. The death of Supreme Court Justice Ruth Bader Ginsburg is now setting up a historic site on Capitol Hill. Senate Majority Leader Mitch McConnell was quick to announce last night that he would bring President Trump's nominee to replace Justice Ginsburg to the floor for a vote. That went against, of course, what McConnell actually did in 2016 when he blocked President Obama.