ABC News Live Update: Remembering Supreme Court Justice Ruth Bader Ginsburg

Plus, the political battle brewing over Justice Ginsburg’s seat, and a history-making night at the Primetime Emmy Awards as the first major awards show since the pandemic goes virtual.
24:17 | 09/21/20

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Transcript for ABC News Live Update: Remembering Supreme Court Justice Ruth Bader Ginsburg
Good morning I'm Diana say no thanks for streaming with us in today's update tributes are pouring in for the late justice Ruth Bader Ginsburg. As the fight begins over replacing her on the Supreme Court we have full coverage ahead. Also ahead tropical storm beta is taking aim at Texas waves are already picking up along the coast and bringing potentially dangerous storm searched. People are bracing for what could be life threatening flash floods as well dangers. And sweep creek they had company has some new records and bragging rights after the virtual Emmys last night. All of the stars took home a trophy plus today is since the historic win. And the friends reunion that took us all by surprise me up all the highlights from Hollywood unprecedented night at the end east. But we begin with a life and legacy of Ruth Bader Ginsburg. Outside the Supreme Court a memorial is growing for the late justice an inside her chair is draped in black a tradition dating back. At least as far as 1873. In her stay home State of New York landmarks were lit up in blue in her honor the color of justice and her favorite color. With her death so close to Election Day. Was also fight now to fill her seat and that is front and center in the presidential race senior congressional correspondent Mary Bruce has the latest. This morning president trump is narrowing his choice vowing typical woman to fill justice Ginsburg seat on the Supreme Court. I won't leave my. For the nominee next week it well being a woman who paid very talented very very. Some supporters making it clear they want him to move full steam ahead at. The president we've learned is already in talks with the Republican leader Mitch McConnell who is promising president trumps nominee will receive a vote on the floor of the United States and it it's a reversal from McConnell position in 2016. Let's let the American people decide. He famously refused to even consider president Obama's pick to fill justice scalia's seat. After he died in February of the election year but McConnell insists this situation is different since Republicans now control both the senate and the White House critics say it smacks of hypocrisy. Over the weekend protesters gathering outside the Republican leaders house and but Democrats have very little power here their best hope to try and pressure a handful of key Republicans to break ranks. Joseph Biden Sunday with a direct appeal. Uphold your constitutional duty. Your conscience. Let the people speak. All the flames and have been engulfing our country. Now for Republicans would have to break with their party inside the Democrats to oppose a confirmation an already we have heard from two of them Susan Collins of Maine Lisa Murkowski of Alaska they both say that this decision to be up to the next president Diane. Right Mary Bruce in Washington Forrest thanks Mary. And justice Ginsburg had a huge impact not just on the court but American life in general she was a TrailBlazer from the beginning of her legal career. And more recently became a cultural icon tributes are pouring in for this morning from all across the country. Terry Moran has more on her life and legacy. Inside the Supreme Court this morning justice Ginsburg seat on the bench draped in black and a black drape hanging over the courtroom doors as the makeshift memorial outside grows and the tributes continue. Including this from former President Bill Clinton who appointed Ginsburg to the High Court in 1993. In a time were cripple ourselves Senecal. Bruce Ginsburg symbolizes a is there really is best about America and president trump responding to reporters minutes after a rally Friday in Minnesota offering his praise for a justice who openly scorned him. Mean let me Q is an amazing woman my. Then yeah amazing life. Ruth Ginsburg's life was indeed astonishing. Barely five feet tall she became a giant of American law and American life to the sheer force of her intellect and her determination. Along I asked them not Brandon. He simply he did feet. Off our next. She was just the second woman named to the Supreme Court our path to the highest court in the land not an easy one a brilliant law student first at Harvard that it Columbia. She faced discrimination after graduating in 1959. She was tied for first of our pop. And debate in New York City law firms and just weren't hiring women so she turned a civil rights law and argued and won five cases that the Supreme Court that revolutionized the law for women in America. Before taking her spot on the High Court bench in 1993. The increasingly full use of the talent of all of this nation's people. Polls lot of promise for the future. We could not have come to this point. And I'm sure we would not be in this room today. Without they've determined efforts. Of men and women. Who chip dreams alive. Dreams of equal citizenship. In this the days when. Few would listen. In her quarter century as a justice Ginsburg became a leader of the liberal wing on the court with powerful rulings on discrimination in voting rights. And abortion this is. Something central to a woman's. Her life to her dignity. And it's his decision. That she must make. For herself. She formed an unlikely close friendship with a strong opponent justice Antonin Scalia. And as the court shifted to the right her fierce dissents inspired generations. That notorious RBJ she came to be known a cultural icon unlike any other. I am deeply held and everyone would take the picture was she's. Died Friday battling cancer and she had for two decades her incomparable legacy was to give new greater meaning. To those words in grave right there on the Supreme Court itself equal justice. Under law. And Terry Moran is with us now from the Supreme Court as well as constitutional law professor from Cardozo law Deborah pearl Steen good morning to you both thanks for being here. Morning morning done carry outs are with you the president says that he plans to nominate Ginsburg's replacement quickly. But we heard from Mary percent Amy Connie Barrett is on the top of that short list what do we know about her. Well she has all the qualifications the president trump would be looking for a she is eminently qualified she's very conservative and she's young for Supreme Court justice 48 years old. That's a trifecta she's really become Amy coney Barrett a rock star. Among conservatives especially Christian conservatives she is a devout Catholic she walks the walk of her faith. She's a person known to be very active in her community at Notre Dame where she was a law professor. Just seven charter including two adopted from Haiti. And a Down's syndrome truck child and when she was nominated to the federal appeals court. She underwent a grilling from donors giving California senator Dianne Feinstein. Who said to her I feel that the dogma is strong in you. That she was excessively Catholic or that her faith was spilling into her legal opinions was the implication from senator Feinstein backed moment. Made her a rock star many are Christian conservatives sought as a kind of religious test even a kind of persecution. A people who believe. That that they have a right to exercise their faith even in the public square sir she is a lightning rod. And Donald Trump might like that to the fight might do him good in election that right now he is trailing. And Terry part of the reason this is turning to such a big debate is what happened in 2016 can you quickly explain some of the contacts there. And how this is expected to play out. Well as we've seen in Mary's fees when Justice Scalia died nine months before the election of 2016 Mitch McConnell said no we aren't even gonna have. Have a hearing and no senator no that never happened in the senate. We are just going to shut it down and there will be no nominee for President Obama because it was too close to an election where we are just six weeks. I McConnell saying we're gonna have a vote on president trumps nominee. And the question is can they do that and the answer is yes they can under the constitution's perfectly legitimate the constitution says the president serves from. Known on the twentieth of January till noon on the twentieth to January 4 years later in the congress noon on the third of January until. Noon on the third of January after the next congressional election and so it is lawful and legitimate to question should day. These are it is one of the things that. Congress is in the past and try to do is keep this court out of a muck and mire. Of the ferocity. Of political. Mudslinging that happens in Washington those days are gone this is a question of power now Republicans haven't and they will try to use it. To ever was except to you for some of the other names on the shortlist. Well so. What are the names it's getting a lot of our discussion this morning is a barber look Allah whose also were relatively young a judge on the federal court in fla. She seems to be a favorite out of the Federalist society and a favorite of some political constituencies on the conservative side is based on that political and electoral importance of Florida to that president's reelection campaign for reelection. Adam it really does seem to be setting up. Any interest in divide her amused. On abortion and the social issues that are so conservatives so important to have fraction of the conservative electorate. Are. Expected in understood to be conservative. But she's much less of the judicial record on those cases than she has on some of traditional. Libertarian concerns like the power the administrative state the rates of corporations and issues of that nature. I'm so serious and interesting dialogue in that appears to be emerging. And dialogue that nice word for anything. Different factions have their conservative and Republican pretty. Worried about making sure that they're getting the kind of nominees. That that they want they feel like they've been. Burned once or twice spy chief Justice Roberts. Who did not decide in the way they want it on some cases including an important health turkeys are just coming back but where the court is coming term. I'm in they feel even to some extent the trade in one important case by justice course it's one of Princeton trust and nominees. And on issues as the right since lesbian gay transsexual. Bisexual people so. There are worried about making sure they know exactly who they're getting in this pay and and that's important it's always happens but in this remarkable political climate and really from a political climate. Delay tends to advantaged. The opponents to Ku. Think that the president should as Terry was just pointing out not move forward at risk of really exacerbating what is already deeply deeply divided. Electorate in and it moment when the election is already on going right voting is under way in Virginia. It's interesting to see how big politics has become such a big part of a position that is explicitly supposed to not involve politics at all. But Deborah I'm curious to know what issues do you think that will come before the Supreme Court this fall could have different outcomes because the benches of full. So there're there are two that jump out immediately the court will hear isolated to here in oral arguments. An enormously consequential case about that constitutionality. Of the ASEAN H. What is commonly known as Obama care rate and end this love this federal law among other things ensures that people can't beach ticked off they're private insurance or to cry denied credit health insurance coverage as a result of preexisting conditions. The administration and drug administration has taken the position throughout this litigation and he's taking it in front of the Supreme Court in this case that the entire law. The entire race CA must be struck down as unconstitutional. And wish it would go. Protection for preexisting conditions. That is a case in which justice Ginsburg. Her broad where is almost certain should be. In upholding the law the constitutionality of the law. Now I think the outcome of that particular case to be argued right after the November 3 but very much in question the other major senate pieces that need to eat before the court. In the next. 36 months. Two including January 20 inch. Are some fraction of one or more of the already 300 plus cases that are pending in that lower courts to do which the election how some of these cases are about voting procedures surrounding. Bad that they yen absentee balloting and other things have become much more important in light of the pandemic and the need to protect better safety and needed these circumstances. Others of these cases involve longer term questions about voter suppression. And voting rights and electoral fairness. But nonetheless. These cases are already moving their ranger district courts the circuit courts. And it seems hard to imagine that at least one. Of them won't make their way at least to a petition for review before the Supreme Court that both where this is all over and especially. Titans that need to ensure that the political. Matching Haitians surrounding Supreme Court nominations are are kept separate Reese Sheppard is possible. From the supreme court's work of deciding what the constitution means. It's an argument that tends to favor waiting and not rushing to judgment on his appointment. And Terry on a brighter now I know that you've covered a justice Ginsburg on the supreme court for many years. I'd love to Lehman any favorite memories that stick out to you. There Diane she was just an enormous presence here her passing leaves a vacancy. And that word is so true in every centered. That have black draped share that there's a vacancy in the heart of this institution she was a formidable presence is as it no one was better prepared. At oral argument and you could hear it in her questions which were both extremely tough and extremely courteous. And I remember one time. 01015. Years ago even after one of her. Bouts with cancer a procedure that she'd undergone gesture stop by the press room here which is on it doesn't happen all want the justices keep their distance more or less but she stopped by. Walked in all five feet of her cell and so there we had kind of an awkward greeting reporters who were there and somebody said justice Ginsburg how are you feeling. She paused for a moment she is woman who deployed silence to great effect kind of gathering the moment tour and then she said in that. Quiet voice that managed to combine both grace and steal. She said I'm not going anywhere. And we all laughed and she did it. So that's that's my memory justice Ginsburg a strong woman who managed to combine that grace and strength in a really unique way leaving her mark on the country. That's for sure the notorious RVG Terry Moran and professor Deborah Charles dean thanks for joining us this morning we appreciate your time. And now for the latest on the corona virus according to the cove in tracking project nearly 29000 people are currently hospitalized in the United States. That's the lowest number since June. But three states Montana Hawaii and West Virginia are setting new records for deaths. The US as a whole is approaching a grim milestone of 200000 deaths and just over six point eight million confirmed cases nationwide. And now to the Gulf Coast were tropical storm beta is expected to make landfall in Texas in just a few hours. Where is there are already picking up and bringing dangerous storm surged ginger zee is tracking it all force good morning ginger. That an incredible that we are already into the Greek alphabet earliest we've ever done this and we've only ever done that once before in Atlantic hurricane season back in 2005 but look at this this is highway 87 Bolivar peninsula. Ahead of beta so it still out in the Gulf of Mexico and they're seeing surge flooding Texas Department of Transportation actually radiates that road. Highway 87 by two feet and put the rocks and and it still seeing debris with a storm that far away. So it should make landfall later this afternoon or tonight by Matagorda bay or sell but the remember the heaviest rain is often into the north and east. Well this one does doesn't have a ton with the yet deal is it's gonna move slow and you could see tornado threat today. And tomorrow even as it tracks very slowly Wednesday. Toward Houston silica Tuesday into Wednesday for the heaviest rain Houston. And it also have some of those outer bands that shield up there impacting Louisiana so rain is probably going to be the staying. Power of beta because it is just that slow and then slow push of water along the coast but six to ten inches. And then it looks like Fortis six just clips Houston on the south side but two to four inches. Even if that falls very quickly could easily see flash flooding some keeping and data but we also have to go to Teddy which looks a whole lot healthier. And if your community say wolf looks like didn't pass just to the east he got nudged away just about some upper air things going on. But the track takes it. Toward Canada. Yes they're getting it in some of the action there looks like it'll only be alone let them but so they've got tropical storm watch up it's gonna push a lot of water and the waves which will get along the East Coast to seven at thirteen foot waves coastal flood advisories include Virginia Delaware New Jersey. Just keep an eye on that because if you're planning to go the beach. This could be a rough week to do so rip currents Dieter will be hi to Diane. You're a contingency force thanks ginger. To Hollywood now are TV's biggest night was like nothing we have ever seen before the 72 annual Emmy Awards went virtual for the first time because of the pandemic. But I'm so sure will gans was screaming the whole time he's got the highlights for us an Emmy Awards fitting up 20/20. Really friendly yeah. Yeah yeah the last. Edu and no real audience. Time up here all old. Just like prom night. And definitely no Germans she wants all the germs have been burned off OK here we go out. Perfect CME's going live for more than 100 different locations. Then roommate since 1984 Jenny but I thought that was read write and it isn't like TV when. Unbelievable. And Betsy is Reese and Kerry. Any New Year's Eve party at. Why. Does your critics your video Gregg but not before the winners were handed their enemies live from the living room is today's sell. Three kids we years. Project became one of several wins for watchman wearing a shirt with Rihanna Taylor's image on it and her name on who's really do but shirt as the actors accepted her any from home but -- use of sharing what happens when you lose lives in the living room. The 20/20 Emmy Awards made history and other ways. Said they are becoming the youngest person ever to win outstanding actress in a drama series and pull these. Emmy Awards. OK Tom them breathe breathe free in the Brees. A sweep for the little comedy from Canada becoming the first she'll ever. To sweep all four acting categories with nine statues overall it's also the most awarded comedy show and a single season ever. It was celebration of inclusive that he had cast negation of homophobia. And a declaration. Of the power of globs of thank you Daniel thank you academy thank you. And will again joins me now to break down some of those big moments we'll give a voice left after last night. I'd need. I do I do have a voice left there were tears she added there was so much cheering you know all about why it. It was such an incredible night GAAP freaking out over your favorite little comedy from Canada what we're gonna get to that I'm shore. And I'm sure this is included in this answer cable what do you think we're the big standout moments today highlights for you I mean we're calling it sweet creek now writes a that was definitely a favorite but we have to celebrate. The diversity there was. A record number of black actors that were handed out trophies last night things to you. Shows like watch men and euphoria eyes and Dan became the youngest person ever to win. That was super exciting wild there's obviously still a ton of work to be done when it comes to inclusive but he and diversity in the Emmys. Especially when it comes to light next community. It was a really really historic night for black actors which is something to celebrate for shutter button diversity and social justice for two big scenes going into the show how did you feel that was on display last night a cable we side literally when Regina King won her. Best actress in a limited series she was wearing a shirt that had. Rihanna Taylor's name and image on it similarly when it was really do but picked up her Emmy award she had. I sure that's it Rihanna Taylor on and then we saw you know a lot of the winners asking bear using a speech asked people to get out the vote so if it was a big moment for making political statements and statements. You know that that really matter to some of these winners F. And and that what's usually the big focus is the red carpet fashion button no red carpet last night. Still some fashion on display even though people were home on their carriages but what or they're at look. Expect yet that's Alex Bornstein there in her PGA's she opted for definitely to come here. As opposed to the couture looks but don't we get our Tracy Ellis Ross is of the night who went full gland. Sheer Hoss I'm so excited to talk about this if she wore Chanel haute couture. Her dress took 12100. Hours to meet. 12100 hours and like that's crazy she is nominated for unorthodox and so great yes she she really stepped it happening came to eat the fat. Fashion look and what did you worth and I were this vote with the tide but I figured for the morning after I can relax a little bit took the tie off but yet it's this night. Look for these that you haven't changed heavy slap I have not seen. It's just too exciting for sweep creek I couldn't sleep how could I. It that well we love having him whether you're well rest that are you read us and thank you for giving kinky guy hello down of course congrats on un. We creepy create yet that's over on the case. I almost said it are a couple more things to know before you go fire officials now say a wildfire near Los Angeles has scorched more than 103000. Acres. Mickey one of the largest in LA county history the bobcat fire has even threatened the famous mount Wilson observatory. Strong winds late last week caused that fire to nearly double in size. And at one point in creating a tornado of smoke. And New Yorkers are honoring the late Ruth Bader Ginsburg changing its fiftieth street subway station into Ruth streaks in her honor. Ginsburg was born in Brooklyn and attended Columbia Law School before working as a clerk for a Manhattan federal judge. And that doesn't for the ABC news live update on Ben's hip thanks for joining us and remember ABC news live is here for you all day with the latest news context and analysis. We'll see you right back here at 11 AM to its.

This transcript has been automatically generated and may not be 100% accurate.

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