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Congress Passes Late Night 45-Day Stopgap Spending Bill; 75K+ Kaiser Permanente Workers Could Strike Wednesday; Governor Newsom To Appoint Temporary Senator To Finish Feinstein's Term; Ethics Concerns Hang Over Supreme Court As New Term Begins; Twin Cities Marathon Canceled Due To Record Setting Heat; Improving Player Safety; Tensions Boil Over At Ryder Cup. Aired 8-9a ET

Aired October 01, 2023 - 08:00   ET

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

[08:00:07]

AMARA WALKER, CNN HOST: If you think you can beat the very, very slim odds, go by a Powerball ticket. The jackpot has soared to an estimated $1.04 billion after no winner was declared in last night's drawing.

OMAR JIMENEZ, CNN HOST: Yeah, that's billion with a B. Now, though, only the second largest jackpot this year. And, look. I don't want to burst anyone's bubble. We have to do this every time. The chances of winning the jackpot are about one in 292 million.

WALKER: So what? So what?

JIMENEZ: Those odds on apply to me though. So, those -- that is just for you all. That's your odds. The next drawing is tomorrow night.

WALKER: You know, I play every time, I know the other slim, but you know what, why not, why not?

JIMENEZ: Yeah, you stand a chance.

WALKER: Yes, that is true.

The next hour of CNN THIS MORNING starts right now.

(MUSIC)

JIMENEZ: Good morning, everybody. Welcome to CNN THIS MORNING. It is, Sunday, October 1st. The key word being October.

We're here. I'm Omar Jimenez.

WALKER: And I'm Amara Walker. Good to be with you, Omar.

Here is what we're watching for you this morning.

The U.S. government averts a shutdown, at least for now. But more questions about when it comes to the future of Kevin McCarthy as speaker.

Also, the largest health care strike in U.S. history could start this week. Seventy-five thousand workers ready to hit the picket lines, without a deal.

JIMENEZ: Also, the Supreme Court returns for new term tomorrow. They're set to rule on some major cases, but one of the biggest issues, ethics concerns surrounding some of the justices.

And two worlds collide. Amara, are you ready for it? Swifty nation and football fans, Taylor Swift and her football era, waiting with bated breath. We are to see if Taylor Swift will be a tonight's Chiefs-Jets game to support football, but also, of course, Travis Kelce.

WALKER: Maybe I'll watch a little bit of football just to get a glimpse of her.

JIMENEZ: I'll take a maybe.

WALKER: And we begin this morning with, I guess you can call it a sigh of relief in D.C., at least for now, as Congress has come together to avert a government shutdown.

The last-minute deal came in the final hours before the critical midnight deadline. What it looked like nothing was going to pass, Congress quickly reversed course. With Democratic support, House Speaker Kevin McCarthy got a deal together that will extend government funding for just 45 days. The building quickly passed the Senate, and then it was signed by President Biden, just before time ran out.

JIMENEZ: Just in the nick of time.

Look, the short term deal will keep the government open through November 17th. It includes funding for natural disaster aid and a measure to keep the FAA operational. But some important things were left out, including funding for Ukraine and border security.

Now the question is, will these hard-line Republicans who are against this bill try to retaliate and do as they vowed to do, working to remove Speaker Kevin McCarthy from his seat.

We've got live team coverage all morning long and following these developments out of the nation's capital.

CNN's Priscilla Alvarez is at the White House with reaction from the president. But, first we want to go to Annie Grayer.

So, Annie, obviously a politically risky move for Speaker McCarthy. What is his next move here?

ANNIE GRAYER, CNN CAPITOL HILL REPORTER: Well, Omar, Kevin McCarthy is planning to dig in and dare his opponents to try and oust him from his job as speaker. And that's because McCarthy thinks he has enough support in his conference to stay in his job.

Look, going into Saturday, it seems like the government was going to shut down, and that's because at that point, McCarthy was only working within his own conference to try and keep the government open, and there just weren't the votes among Republicans to do that. But then, Republicans met Saturday morning and McCarthy's leadership team was preparing them for what a government shutdown would look like. Some of McCarthy's allies started to stand up and explain why a government shutdown would be so detrimental, not only to the country but to Republicans politically.

McCarthy then felt like he had enough groundswell support to do the only thing he could do at that point to keep the government open, which is to work with Democrats. And that is exactly what happened, and that is how we got here, which is so that the government could stay open for at least 45 more days.

But, now that McCarthy did this to keep the government open, the question is, will Republicans like Matt Gaetz follow through on what they've said they would, do which is trying to oust McCarthy? That's because McCarthy worked with Democrats to keep the government open.

Listen to how McCarthy explains how we got here.

(BEGIN VIDEO CLIP)

REP. KEVIN MCCARTHY (R-CA), SPEAKER OF THE HOUSE: You have members in your conference that won't let you vote for appropriation bills, doesn't want an omnibus, and will vote for a stopgap measure? So, the only answers to shut down and not pay our troops?

[08:05:07]

I don't want to be a part of that team. I want to be a part of a conservative group that wants to get things done.

(END VIDEO CLIP)

GRAYER: So that's McCarthy justifying his position. The House returns tomorrow at noon, and we'll see if Republicans like Matt Gaetz make any move against him.

WALKER: Right, and I'm sure that is expected.

Priscilla, up to you now at the White House. One major loss for the Biden administration in this bill was funding for Ukraine, specifically six billion dollars, which was in that bipartisan Senate bill. What is the White House saying about that?

PRISCILLA ALVAREZ, CNN WHITE HOUSE REPORTER: Well, officials have argued that not funding or providing additional funding to Ukraine could disrupt their war in operations on the ground for Ukrainians, and even included a call from a top pentagon official who told lawmakers that these funds are urgent and needed.

Now, let me read directly from a statement from President Biden on this matter, where he, said, quote, while the speaker and the overwhelming majority of Congress have been steadfast in their support for Ukraine, there is no new funding in this agreement to continue that support. We cannot, under any circumstances, allow American support for Ukraine to be interrupted, and of course, this is an important issue for this White House. Now a White House official tells me that they fully anticipate that

Speaker McCarthy will introduce a stand-alone bill to provide this additional funding, but of course, how that looks moving forward remains to be seen.

But, outside of that, this was largely seen as a win for the White House, this is included, for example, this agreement, disaster relief funds, as well as funding for Federal Aviation Authority. There were not any steep cuts to government programs, and those border policies that some of the GOP hard-liners have been proposing were also not included. Those were non starters for Democrats.

And now, over the course of the day yesterday, White House officials have been in close touch with both sides of the aisle, including a direct conversation with House Speaker Kevin McCarthy and those top White House aides were briefing the president over the course of the day.

Now, as you mentioned, this has avoided shut down for the next 45 days, so there is still a long road ahead, and they are bracing for what happens in the weeks to come. But at least, for now, the bottom line is that millions of federal workers will go into work tomorrow and get paid for it. And that was always a top concern when they were talking about a government shutdown -- Amara, Omar.

WALKER: That's right.

All right. Priscilla Alvarez at the White House and Annie Grayer, thank you very much.

Let's talk more about all this with CNN chief congressional correspondent and anchor of "INSIDE POLITICS SUNDAY", Manu Raju.

Always good to see you, Manu.

Look, you know very well how the sausage is made. Walk us through this whiplash day and, you know, the surprising turn of events, especially with Speaker McCarthy, who finally acknowledged at the very last minute that the only option on the table was to rely on Democrats to get this continuing resolution passed.

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: I mean, there was a bipartisan assessment yesterday about how everything went down. And it was an absolute mess. No one had any idea what was going to happen going into the day.

The expectation going into the day, we were headed to a shutdown, a prolonged shutdown, and the speaker had essentially given up on trying to pass the stopgap measure to keep the government open, because he knew that doing so could risk himself politically, and also did not believe that there would be enough Republican support to go along with it as well.

So he had resigned to that option. And then, suddenly, just the mood changed internally when they were meeting behind closed doors. Some of these vulnerable freshman stood up and said, this could really hurt them if they decide to shut the government down, and he also faced the real threat of being a jammed by those same freshmen members, working with Democrats, circumventing leadership, and then ultimately trying to force the government open.

And Kevin McCarthy could've been left with the worst of both worlds, having to see the government reopened, and then being responsible for a shutdown. So he made the decision to put this on the floor, rely on Democratic support, even though it risked the ire of his hard-liners.

Now I had a chance to talk to some of those hard-liners yesterday. They are furious at McCarthy's decision but they are not yet to the point where they are saying that it is time to kick the speaker out. They are still weighing that decision.

(BEGIN VIDEO CLIP)

REP. RALPH NORMAN (R-SC): Very disappointing, spending as usual up here. No border control. Very disappointing. But we live to fight another day.

RAJU: So, if there's a vote to vacate, would you vote for it?

NORMAN: Look, we've got our hands full, we'll see. We'll see what he does. We'll see -- I am disappointed. I wish he would fight, he didn't fight.

REP. WESLEY HUNT (R-TX): Look, this is a done deal, okay? Let's move on, and make sure that next year, we talk about being fiscally conservative so we can save our future instead of our children and our children's children.

RAJU: Would you vote to vacate the chair?

[08:10:00]

HUNT: That's a conversation I'm not even going to have right now.

(END VIDEO CLIP)

RAJU: The question, is when will they be willing to have that conversation, and what will the detractors, the people of going after McCarthy for sometime actually do?

Matt Gaetz, the Florida Republican who is on our air on "STATE OF TEH UNION" next hour, has threatened this for sometime. He told me, just ten days ago, that if McCarthy works with Democrats to pass a continuing resolution to keep the government open, there will be moving trucks outside the speaker's office in just a matter of days. So, will Gaetz follow through?

He can actually force that vote. It could happen within two legislative days. The question is, will he do it? And does he have the votes to succeed? If all Democrats vote to push him out, he only needs five Republicans to join him as well. So just a lot of questions and uncertainty about the speaker's future at this key moment, guys. JIMENEZ: I mean, now, we find out if there's any bite behind the bark

that we've seen to this point. We saw the reaction that you just played there of your interviews with some of those hard-liners, but you also spoke to McCarthy after this vote. He almost dared the detractors in his party to bring forward a motion.

Take a listen real quick.

(BEGIN VIDEO CLIP)

MCCARTHY: If somebody wants to make a motion against me, bring it. There has to be an adult in the room. I am going to govern with what is best for this country.

(END VIDEO CLIP)

JIMENEZ: So, bring it. If a motion is brought to oust McCarthy, will he be able to survive that vote? Or House Democrats could have to come to his rescue?

RAJU: You know, that's actually the exact question that I asked him. I said, will you have to rely on Democrats? He didn't answer that part of the question. He went back to going after Matt Gaetz, he criticized him. He defended his handling of all of this.

But he might have to. And that's really been what some of the private discussions have been over the last several days, among Democrats. And Gaetz has had some informal discussions with some Democrats as well.

The question is, will they do. It there are ways in which they will help McCarthy out, but I talk to these Democrats, they are saying, if we're going to help McCarthy, we need something for it. We need to have some concession, extract something from him and in return.

That level of deal making hasn't really taken shape yet. But it could if it comes to it. But you heard from McCarthy there. If he is pushed out, which has never happened before in the history of this country, then there would be a speaker's vote, and they would keep voting until someone gets a majority vote.

McCarthy would probably be a candidate again. We could replay what happened in January on the floor of the House here in October if that happens. A really, really chaotic scene. It would make yesterday look like a very calm moment in U.S. government history if that were to take shape.

We'll see if it does. We'll see it could happen this week.

WALKER: OK. So, all this, we got to go but, Manu, I do have to ask you this, because we got to look forward, right? OK, so with all this drama that's playing out, right, that's going to play over the next several weeks, I mean, November 17th is when the funding runs out. Are we going to be back in the same boat then?

RAJU: The answer is yes. This will, I think Congress tends to wait up until the last second to do this all over again, and this is almost certainly going to play out.

Will it lead to a shutdown? We'll see. These members need to take time, take a break, and then try to regroup, we will see what happens.

And we will see if the speaker is still fighting it out on the floor to keep his job. Just so much time between now and then, it's hard to expect. But Congress likes to wait last seconds to do things, as we know.

WALKER: Looking forward to seeing you ask the hard questions to Matt Gaetz.

Thank you, Manu Raju. Always a pleasure to have you on.

And don't forget to tune in to "INSIDE POLITICS SUNDAY" with Manu today at 11:00 a.m. Eastern.

JIMENEZ: Cannot wait. No one's better than Manu.

Still to come: another industry on the verge of a strike. More than 75,000 Kaiser Permanente workers set to picket in what would be the biggest health care strike in U.S. history. The union's executive director joins us and we've spoken to them this morning.

Plus, another critical Supreme Court term begins on Monday. A look at some of the major cases on the docket ahead.

(COMMERCIAL BREAK)

[08:18:12]

JIMENEZ: We are just getting this in right now. The Twin Cities marathon in Minneapolis has been canceled due to dangerous heat. The marathon was slated to begin about 20 minutes ago, at 7:00 a.m. local time.

WALKER: Yeah, record setting heat conditions are expected today, in Minnesota, with highs in the low 90s. That's 15 to 20 degrees above average, today. Organizers say, due to those conditions, it's just not safer runners, spectators, and volunteers. Some runners say they understand the decision, but of course, they were still upset to hear about that.

(BEGIN VIDEO CLIP)

MISHKA VERTIN, MARATHON RUNNER: I'm really disappointed. I'm disappointed for everyone who worked so hard to be here today, I'm disappointed for our runners, who some of our runners are folks who are experiencing homelessness, or who in recovery, or who are running a ten mile or a marathon for the first time today.

But I also know how much work Twin Cities in motion put into this day, and how they didn't take this decision lightly at all, and I feel really heartbroken for the runners, and for the organization.

(END VIDEO CLIP) WALKER: Yeah, tough decision, but of course safety coming first. The marathon was expected to bring out some 300,000 spectators.

And right now, Kaiser Permanente and union leaders are trying to avoid what would be the biggest health strike in U.S. history.

JIMENEZ: Yeah, their contracts expire at midnight on the West Coast, and if they don't reach a deal by Wednesday, nearly 75,000 hospital workers could go on strike. That won't include doctors or nurses, just tax and staffers, but very important, nonetheless. Union employees told us just in the last hour patients are already feeling the pitch from short staffing.

(BEGIN VIDEO CLIP)

JIMENEZ: A big part of all this is staffing shortages, and what it's doing to health care workers, and patients. What has it been like?

[08:20:02]

GEORGETTE BRADFORD, ULTRASOUND TECHNOLOGIST: You know, thank you for asking that question, Omar. As an ultrasound technologist with Kaiser for nearly 20 years, I've never seen it this bad. For me in the facility, my coworkers are stressed, they're burnt out, leading to injuries, and we're also losing fellow coworkers to the burnout, and the heavy work loads, because of the show Kaiser short staffing crisis.

But what does this mean to my patients? I do breast imaging, I work in a breast imaging center, and so a lot of my patients are coming in because they feel a lump, or because something's been seen on their mammogram. And when they're delayed by weeks, by weeks, to get their exam, the amount of torture and anguish and worried that is inflicted on my patients not only is unacceptable, but I feel it's immoral. And I wouldn't want that to happen to my family member. I would've wanted to happen to your family member.

And that's something the Kaiser executives can't avoid by bargaining in good faith and coming to the table to fix the short staffing crisis.

WALKER: So, Caroline, lay out for us what union workers are asking for. Of course, I would imagine it would include addressing the staffing shortages, but what else?

CAROLINE LUCAS, EXECUTIVE DIRECTOR, COALITION OF KAISER PERMANENTE UNIONS: You know, absolutely, what we're worried about is fixing long term the Kaiser staffing crisis. This has been a crisis that's been brewing for years, and Kaiser executives just aren't acting with the urgency that that we need to create long term stable -- to this crisis.

(END VIDEO CLIP)

WALKER: Now, in a statement, Kaiser Permanente said this: This week, we reached potential agreements in four key areas, travel for continuing education, the use of temporary workers, such as traveling nurses, tracking of staffing vacancies and dispute resolution. And he urged employees to reject calls for a strike.

JIMENEZ: Now, as talks continue to prevent that strike, negotiators will head back to the bargaining table tomorrow and hopes to avoid another one. SAG-AFTRA will restart talks with the Alliance of Motion Picture and Television Producers tomorrow.

WALKER: The Writers Guild of America reached a deal a week ago. But SAG-AFTRA president Fran Drescher says one size doesn't fit all, and they need more negotiations. This comes as autoworkers expanded their strike on Friday to include a new Ford plant, and a General Motors plant.

UAW president Shawn Fain says talks are progressing with Stellantis.

Coming up, Congress lost a legend this week after Senator Dianne Feinstein passed away. Now, California Governor Gavin Newsom has to decide who will serve out the remainder of her term. We'll discuss that, next.

(COMMERCIAL BREAK)

[08:26:40]

WALKER: California Senator Dianne Feinstein's body made the solemn journey back to her home state Saturday. She was the longest serving female senator in U.S. history. She passed away at the age of 90. Fellow California Democrat Nancy Pelosi accompanied Feinstein's body on the long journey home.

Feinstein leaves a lasting legacy behind her, she was a leading figure from California politics, for decades, and broke so many glass ceilings, especially for women, throughout her career. And now, California Governor Gavin Newsom has a decision to make. He has to choose a lawmaker to replace Feinstein and serve out the remainder of the senator's current term.

Joining me now is CNN political commentator, Ron Brownstein.

Good to see you, Ron.

So, Governor Newsom --

RON BROWNSTEIN, CNN SENIOR POLITICAL ANALYST: Thank you for having me. Good morning.

WALKER: Thanks.

You know, he last appointed Alex Padilla to the U.S. Senate, after Kamala Harris vacated that seat. And he has previously that he would name a Black woman if Feinstein stepped down or passed before the election. What's part of his political calculus in determining who to appoint?

BROWNSTEIN: Yeah. Well, you know, I think the biggest determination he has already made, which is that he's not going to appoint someone who is going to join in this very competitive and spirited primary to replace her, in 2024. He's going to appoint someone who all still serve out the term and not seek the full term themselves.

You know, you noted that he appointed Padilla, the first Hispanic senator when Kamala Harris, you know, vacated the seat, to become vice president. To replace Padilla, he appointed Shirley Webber, a Black woman, a former assemblywoman, from San Diego, had a very distinguished career in this assembly, and I guess I always thought that would be the most logical choice for him.

She's now serving a secretary of state. If he is going to appoint a Black woman who would not run for the seat -- again, we'll see what he'll do but certainly this primary is shaping up as one of the most expensive and competitive in the country. By the way there are some complaints by Democrats and other states that it is sucking up so much Democratic money in a state that will safely be Democratic in November and potentially diverting resources that they may need to hold the Senate through a race in other state.

WALKER: Is anyone else that could be on that short list?

BROWNSTEIN: Yeah, I mean, there are a bunch. When you're talking about an interim appointment, it can go way beyond the normal political lists. I mean, I've seen discussion of people who are outsiders, who don't hold elected office for example, different activists. So, we'll see what he does, but of course there is pressure to do it sooner than later because, 51-49 Senate, and Democrats need every votes.

WALKER: Let's turn now to the dysfunction that we saw play out up until the very last second, really. We have averted a government shutdown for now, which is continually been the key phrase. November 17th is when this temporary funding runs out.

Then what? I mean, the dynamics of Congress isn't going to change, and on top of that, you've got all these political things that are going to be playing out over the next several weeks with Kevin McCarthy's speakership on the line, and, of course, the impeachment inquiry that's been launched into President Biden.

[08:30:03]

Right. I mean look, I mean the dynamics will be very similar. And the same option will be available for Kevin McCarthy if he is speaker or if he is replaced, whoever succeeds him. I mean it is the same fundamental choice.

The House Republicans do not have the capacity to impose on the entire system their fiscal demands. There's a Democratic Senate and a Democratic president. And eventually, even if they do shut down the government, whatever reopens the government is going to have to pass muster across party lines.

So in many ways on November 17, they will have the same choice that played out over the last 24 hours. They can pass a bill with broad bipartisan support. They had over 300 votes in the House, or they can shut down the government on a partisan basis.

And I think you saw -- unlike on some of the other episodes earlier this year, there was enough resistance from the House Republicans in competitive seats to shutting down the government that, you know, McCarthy ultimately felt not only pressure from the hardliners, but he worried about his majority and made what was the inevitable decision.

Sooner or later, this was the way it was going to end. He just decided to end it for now before running through the plate glass window setting (ph) on the government.

I suspect, that will be the calculus again in November but there is a portion of the House Republican conference that simply wants the confrontation. And that pressure and demand will continue to be present.

WALKER: Yes. You're right. It had been clear for weeks that really the only option on the table from the current (INAUDIBLE) was to rely on Democrats to get a stopgap bill passed.

Ron Brownstein, we're going to leave it there. Thank you very much. Good to see you.

And be sure to watch "STATE OF THE UNION" with Jake Tapper and Dana Bash as they speak with former house speaker Nancy Pelosi, Congresswoman Alexandria Ocasio Cortez and one of the GOP hardliners at the center of this funding battle, Congressman Matt Gaetz. It all starts at the top of the hour right here on CNN.

OMAR JIMENEZ, CNN ANCHOR: That will be quite the interview to watch.

But first, the Supreme Court begins a new term tomorrow. And it comes as questions swirl around a string of incidents related to ethics. We're going to talk about it next.

(COMMERCIAL BREAK)

[08:36:27]

JIMENEZ: The Supreme Court begins a new term this week under a cloud of controversy -- abortion, gun reform and regulation on social media are all on the docket but string of incidents involving several justices has raised ethics concerns.

So joining me now, CNN legal analyst and professor of law at the University of Texas Law School Steve Vladeck. Good to see you.

All right. Let's start here. Major cases is what this court does. We saw some pretty huge ones last cycle -- reversing of Roe v Wade, gutting Affirmative Action. This term, we have just a few small issues like guns, access to abortion pill, social media regulation, more. Is there anything in particular this session that you are looking for that could be especially big?

STEVE VLADECK, CNN LEGAL ANALYST: Yes. You know Omar, I think the real difference between the term that starts tomorrow and the last couple of terms is not how important these cases are but how technical they are.

So we have a number of pretty technical disputes that the court is going to hear this term that are really about whether the federal government's allowed to do much of anything at all, whether it comes to how the Consumer Finance Protection Bureau is funded or how the Securities and Exchange Commission enforces our securities laws, or whether agencies are entitled to any deference when it comes to the laws, they are tasked with applying and enforcing.

You know, those don't pull on the heartstrings the way that abortion and guns and Affirmative Action do. But in some respects, they are actually just as important because what's really going on here is an assault on the entire regulatory state and whether there's a majority of the justices who are willing to go along with it.

JIMENEZ: Well, the devil is in the details. And when it comes to the Supreme Court, there's a lot of details as you know. Law in general, there's a lot of details.

But look, the reality is, they haven't been ruling in a vacuum. The justices are coming back to the bench as there's some pretty serious debate over ethics and whether it's luxury travel, gifts, whatever it might be. So far, they have rejected calls for oversight.

Is there any indication the justices will moderate themselves given the scrutiny they are under, and even better, will they moderate themselves in a way that satisfies public scrutiny?

VLADECK: Yes. You know Omar, those are two very different questions. I think the most important place to start is, you know, the justices are a "they" not an "it". And I think there actually probably i8s support across that bench for at least some kind of internal series of ethics rules. The problem is that it's clearly not unanimous.

You have, for example, Justices Thomas and Alito, you know, going out and saying, we don't think any reforms are necessary or appropriate. But I'm really more focused on someone like a Justice Brett Kavanaugh who said at a conference a couple of weeks ago that he thinks some kind of reform is coming soon.

The problem Omar, I think is not going to be whether the court does anything. I think the problem is going to be whether what it ultimately does is actually going to satisfy its critics. And the answer there is probably almost surely no.

JIMENEZ: Yes. And to your point, I was just going to add, how can you instill a new level of confidence or reinvigorate a level of confidence from a public standpoint that whatever decisions they come to in this term aren't motivated by some form of political purpose?

[08:40:00]

VLADECK: I mean I think the short answer Omar, is and always has been that the justices gain their legitimacy and they burnish public confidence through their actions, not through their words. And so I think we are going to have to see what kinds of rulings come

out of the court this term. We're going to have to see whether, you know, there's any effort on the part of at least most of the justices to, for example, start explaining why they are recusing, when they recuse in some cases.

This is something Justice Elena Kagan has started doing. To provide some kind of explanation for the controversial cases in which they are not recusing. This is something Justice Alito did last month.

But you know, Omar, I think what's really interesting is here we are the morning before the Supreme Court term and we are actually talking about the court in a way that's not just about its docket. That's an important shift unto itself. It's one that I dare say the justices are not missing.

And the question really now is, how are they going to react? What are we going to see? Not just in their decisions across the term that starts tomorrow but in their behavior.

JIMENEZ: Yes. And you know, that's part of why Chief Justice John Roberts has even come out in what I would say kind of veiled criticism against Justices Elena Kagan, Ketanji Jackson and straying what he believes a little bit past the arguments themselves in ruling in some of these cases.

But I want to stay on Chief Justice John Roberts because Senate Judiciary chairman Dick Durbin has tried to lobby Chief Justice Roberts to adopt an enforceable code of conduct. Hasn't happened, may never happen. But where does Chief Justice Roberts fall in this whole ethics debate?

VLADECK: Yes. I mean I think he falls between a rock and a hard place because I think on the one hand, he is as attuned to and sensitive to the institutional problems the court is facing and the costs of an erosion of public trust in the court that he really wants to do what he can to push back against that.

While on the other hand Omar, you know, he is just one among nine. He can't force his other eight colleagues to do much of anything. His real power over his colleagues is simply the power of persuasion.

And so I think the real question is how can he get everyone from -- you know, you mentioned Justice Kagan and Justice Jackson all the way to Justice Alito, on board with the idea that whatever the Supreme Court is deciding, it is important, it is essential that the court's decisions be perceived by the public at large as genuinely legitimate, Omar, not because we're all going to agree with the principle that justices are espousing in their decisions but the idea that we should all at least agree that there are principles there.

And I think that's the real task that the chief justice has in front of him. And it's one that he really cannot control directly. He can just control through his powers of persuasion, through the bully pulpit, and through what he does behind the scenes to try to get the court on the same page. JIMENEZ: Yes. And all of this happening as we head into what is likely

going to be another eventful term, whether it's the big issues or some of those finite details, as you talked about.

Steve Vladeck, thank you so much.

We will be right back.

(COMMERCIAL BREAK)

[08:47:17]

JIMENEZ: We are getting this just in this morning.

Today's Twin Cities Marathon in Minneapolis has been canceled due to dangerous heat on this first day of October. The marathon was slated to begin at 7:00 a.m. local time.

WALKER: but record-setting heat conditions are expected today in Minnesota with highs in the low 90s. That's 15 to 20 degrees above average for today.

Joining us now is Charlie Mahler. He is a communications manager for Twin Cities in Motion which organizes the event. Really appreciate you joining us.

First, I know you've run this race or this marathon before. Talk about the heat that you are facing. Have you ever run a marathon in these conditions?

CHARLIE MAHLER, COMMUNICATIONS MANAGER, TWIN CITIES IN MOTION: I have not ever run a marathon in these conditions. The one year I ran this particular marathon, it was typical October weather in Minneapolis and St. Paul. It was cool and breezy. But today is nothing like that with highs predicted at upwards of 90 degrees.

JIMENEZ: And Charlie, just explain to some viewers, you know, myself included -- I'm not a marathon caliber runner. But why is temperatures in the 90s, for example, why is that so detrimental to a runner and what happens -- I should actually say it this way. What is different when you're running in extreme heat versus when you are running on a more typical October day?

MAHLER: Well, I'm not a physiologist, but when you run, when you exercise, you produce heat. And having cooler temperatures allows you to dissipate that heat. And when it's, you know, approaching 90 degrees and it's humid, it's very hard to dissipate that heat.

And the marathon, it's an extreme athletic event. It's a marathon. And so you are pushing yourself, you know, to a level that if the conditions aren't safe, they can be really, really unsafe.

WALKER: Can you tell us more about how this decision was made and what your message is to those who were going to either come out and support the runners or run this marathon themselves? MAHLER: We have an extensive like protocol as we are heading into a

race where our race operations people, our medical team meets with city and regional and state agencies, you know, that are part of the backbone of support for the medical side of an event like Twin Cities in Motion like the marathon.

[08:50:00]

MAHLER: We knew early on the week of this race that we were facing warm and humid conditions. We had a red flag warning for the race from the beginning. And you know, watching conditions really, really closely.

And then we knew we were, you know, close to -- close to that line where we may have to cancel the race and then overnight the conditions -- the forecast conditions got even worse.

And that's how we had to make a call in the early hours of the morning.

JIMENEZ: And I'm sure it's a difficult call. What have you heard from runners at this point? Are they upset? Are they understanding? Are you even going to be able to reschedule?

MAHLER: I think -- we are able to reschedule. I think there's a range of emotions for runners. There are probably some that are relieved that we made the decision for them. I think there are others that think, it's all in your head and I can go out and run in these difficult conditions. I think there are people going through stages of grief as it were for the goals they had and the excitement they had for running a marathon.

And we feel that for them. We're saddened to have to make this decision. But we knew it was the right one.

JIMENEZ: Yes. Well, Charlie Mahler, thank you so much for joining us. I know, a tough decision you all had to make, but safety first, of course.

Thank you.

WALKER: Thank you.

JIMENEZ: Still ahead, tensions boil over at the Ryder Cup. We'll explain what had Rory McIlroy yelling at an American caddie in a parking lot, look at this, after the golfing ended.

(COMMERCIAL BREAK)

[08:56:12]

JIMENEZ: As the football season moves along, injuries can start to pile up. A group of former Duke football players are moving from the locker room to the lab to help improve player safety.

(BEGIN VIDEO CLIP) KEVIN GEHSMANN, CO-FOUNDER/CEO, PROTECT3D: always loved football. I was a walk-on at Duke and by the time I was a senior, I was doing more engineering than I was playing.

TIM SKAPEK, CO-FOUNDER, PROTECT3D: I was definitely doing more classwork than football.

GEHSMANN: As we continued our engineering curriculum, we discovered more and more things that could advance the sports medicine industry and the rehab process.

SKAPEK: We were talking about 3D printing and what it would look like to 3D model braces and casts.

GEHSMANN: My name is Kevin Gehsmann. I'm the cofounder and CEO of Protect3d.

SKAPEK: My name is Tim Skapek and I'm one of the co-founders of Protect3d.

UNIDENTIFIED MALE: They were able to make a pad for one of our players who fractured his clavicle. I was blown away that they're anatomically correct. So for each player they fit them perfectly. They had full range of motion.

GEHSMANN: The athletic trainer on staff uses our iPhone app to take a 3D scan of the anatomy that's injured or they're trying to protect. That 3D scan gets uploaded to us. We use a variety of medical grade 3D printing materials to fabricate these devices, also we get sensitive 3D printer. We work with many college and professional teams, the college level can be used for any sport.

UNIDENTIFIED MALE: I play with more confidence. I play with less, you know, doubt. You barely notice the pads out there because of how well it fits. It's one less thing to worry about.

UNIDENTIFIED MALE: We're getting a reduction of injuries, because they're wearing preventative pads.

SKAPEK: Ten years from now, I think Protect3d is going to be bringing the best-in-class medical devices to every person around the globe who could benefit from them.

(END VIDEOTAPE)

WALKER: All right. And this just in, Republican Congressman Matt Gaetz is telling CNN he will file a motion this week to vacate House Speaker Kevin McCarthy. That would be a move to remove Kevin McCarthy from the House speakership.

And this comes after McCarthy relied on Democratic votes to pass a continuing resolution to avert a shutdown Saturday night.

Gaetz accused McCarthy of lying in negotiations over the continuing resolution. And he is set to join CNN's "STATE OF THE UNION" in just a few minutes. So stay tuned for more on that. Omar.

JIMENEZ: Great interview.

But before we go, let's take a quick look at what's going on in the world of sports.

WALKER: Yes. Coy Wire, CNN sports anchor is here. There's still some dust to settle on the final day of baseball's regular season.

COY WIRE, CNN SPORTS ANCHOR: Yes. We know who's in the post season and after today we'll know the seedings, we'll know the matchups, we'll know who gets the buy.

Check out this juxtaposition of celebration styles. The reigning world champion Astros, they're celebrating with this refined toast headed to the post season there on the left with seven straight years into the post-season, after beating the Diamondbacks.

And on the right, you have the Marlins partying like me and Amara after the show. They are making the playoffs, which is the fourth time in team history after beating the Pirates, 7-3.

Now even though Arizona had just lost to the Astros, they still threw a pool party. Cannonball. And that's because they still clinched the wild card spot thanks to a loss by the Reds. This is Arizona's first playoff experience in six years.

Check this out, Team U.S.A.'s Patrick Cantlay sank a putt on 18th to beat Rory McIlroy and Matt Fitzpatrick (ph) at the end of yesterday's Ryder Cup action in Rome, Italy.

Now, emotions are running high and then drama. Rory didn't appreciate Cantlay's caddie Joe LaCava (ph), celebrating a bit too long. And look at LaCava, the caddie goes over and has words for Rory as he's lining up for a putt that could have and would have tied the match.

Let's take this out to the parking lot, yo. Rory McIlrage ripping into LaCava with some fierce finger pointing from the four-time major champ. Rory's teammate Ken Lowry (ph) had to come in and diffuse the situation.

WIRE: He then goes back over to LaCava, the caddie and is like, hey, man, this is golf. You don't do that.

Finally, Taylor Swift has sent ticket prices to another heights -- Chiefs-Jets game soaring by more than 40 percent. And that's because she's reportedly, allegedly, supposedly going to be at Met Life Stadium and (INAUDIBLE) to cheer on Chiefs star Travis Kelce. Many are wondering if the global pop icon is, of course, dating Kelce after she showed up last week sitting next to his mom.

WALKER: I like what you did there, Rory McIlrage. Coy, thank you.

WIRE: You got it.

WALKER: Thanks so much for being with us this morning.

JIMENEZ: See you all.

"STATE OF THE UNION" starts right now.