Axios

Vice President Mike Pence told "CBS Evening News" on Monday that President Trump has "an obligation under the Constitution" to put forward a nominee to replace the late Ruth Bader Ginsburg.

The state of play: Senate Majority Leader Mitch McConnell (R-Ky.) has vowed to give Trump's nominee a vote, despite opposing then-President Obama's nomination of Merrick Garland following Justice Antonin Scalia's death in 2016, on the grounds that voters should decide in the next election who is appointed to the court.

President Trump met with Judge Amy Coney Barrett Monday afternoon at the White House, days before he is set to announce his pick to fill the Supreme Court seat vacated by Justice Ruth Bader Ginsberg, two sources familiar with meeting tell Axios.

Between the lines: Barrett, a 48-year-old U.S. circuit court judge who has long been seen within Trumpworld as the frontrunner on the president's short list, is known widely within the White House and well-liked.

A federal judge in Wisconsin on Monday extended the state's deadline for counting absentee ballots until up to six days after the Nov. 3 election if they are postmarked by Election Day, AP reports.

Why it matters: The ruling, unless overturned, "means that the outcome of the presidential race in Wisconsin likely will not be known for days after polls close," according to AP.

President Trump's Supreme Court plans have created a major opportunity for Sen. Kamala Harris to go on offense.

Why it matters: A confirmation fight puts Harris back in the spotlight thanks to her role on the Senate Judiciary Committee.

Sen. John Cornyn (R-Texas) told CNN on Monday that "of course" Senate Republicans would confirm President Trump's Supreme Court nominee in a lame-duck session even if Joe Biden wins the November election.

Why it matters: Democrats need only two more Republican senators to oppose voting on a Supreme Court nominee before the election to force Senate Majority Leader Mitch McConnell (R-Ky.) to hold a vote in the lame-duck session of Congress.

President Trump suggested for the second time on Monday that Supreme Court Justice Ruth Bader Ginsburg did not actually tell her granddaughter that her dying wish was to "not be replaced until a new president is installed," claiming it is "just too convenient."

Driving the news: Trump told "Fox & Friends" on Monday morning, "I don't know that she said that, or was that written out by Adam Schiff, and Schumer and Pelosi. I would be more inclined to the second, OK, you know, that came out of the wind, it sounds so beautiful. But that sounds like a Schumer deal or maybe a Pelosi or shifty Schiff."

Senate Judiciary Chairman Lindsey Graham (R-S.C.) said in a letter to his Democratic colleagues on Monday he has a "different view" of the judicial confirmation process "after the treatment of Justice Kavanaugh" during his 2018 confirmation fight.

Why it matters: Graham opposed holding a vote President Obama's nomination of Merrick Garland following Justice Antonin Scalia's death in 2016, arguing that voters should get to decide in the next election who is appointed to the court.

Federal prosecutors on Monday charged a New York City police officer with acting as an illegal agent of China and feeding information on ethnic Tibetans in New York City to the Chinese consulate, court documents show.

The big picture: China's Communist Party has for years responded with heavy-handed tactics against Tibetan calls for independence.

The managing editor of the conservative blog RedState, who under a pseudonym has attacked officials leading the U.S. response to the coronavirus pandemic, was actually a public affairs specialist for the National Institute of Allergy and Infectious Diseases (NIAID), The Daily Beast reports.

Why it matters: Under the pseudonym "strieff," William B. Crews has written several articles on RedState that directly contradict guidelines issued by the White House coronavirus task force and other government agencies. This includes misinformation that NIAID director Dr. Anthony Fauci and other leaders have warned undermine the U.S. response to the pandemic.

Before her death, Supreme Court Justice Ruth Bader Ginsberg was preparing to hear a case that could determine the availability of affordable health insurance for around 20 million Americans. Plus for those with pre-existing conditions.

Axios Re:Cap digs into the case and what happens next with University of Michigan law professor and Supreme Court expert Nicholas Bagley.

Senate Majority Leader Mitch McConnell (R-Ky.) said in a floor speech Monday that the chamber has "more than sufficient time" to confirm a replacement for Supreme Court Justice Ruth Bader Ginsburg before the election, and accused Democrats of preparing "an even more appalling sequel" to the fight over Brett Kavanaugh's confirmation.

Why it matters: Senate Minority Leader Chuck Schumer (D-N.Y.) has said "nothing is off the table next year" if Republicans push ahead with the confirmation vote before November, vowing alongside Rep. Alexandria Ocasio-Cortez (D-N.Y.) to use "every procedural tool available to us to ensure that we buy ourselves the time necessary."

Sen. Kelly Loeffler's (R-Ga.) campaign released an ad on Monday describing her as "more conservative" than ancient ruler Attila the Hun, who is depicted grunting orders to "fight China," "attack big government" and "eliminate the liberal scribes."

The state of play: Loeffler, a millionaire GOP donor who was appointed to her seat by Georgia Gov. Brian Kemp last year, is up against Rep. Doug Collins (R-Ga.) and 19 other candidates in a November special election.

House Democrats on Monday released their proposal for short-term legislation to fund the government through December 11.

Why it matters: This is Congress' chief legislative focus before the election. They must pass a continuing resolution (CR) before midnight on Oct. 1 to avoid a government shutdown — something both Hill leaders and the White House have claimed is off the table.

House Speaker Nancy Pelosi announced Monday that the late Supreme Court Justice Ruth Bader Ginsburg will lie in state in the Capitol's National Statuary Hall on Friday, making Ginsburg the first woman to ever receive the honor.

The state of play: The Supreme Court also announced Monday that Ginsburg will lie in repose on the front steps of the building on Wednesday and Thursday, allowing the public to pay respects to the late justice outside.

The Judicial Crisis Network is launching a $2.2 million ad campaign to put pressure on vulnerable Senate Republicans in battleground states to support a quick confirmation when President Trump announces his Supreme Court nominee.

The big picture: "Follow Precedent," previewed by Axios, is one of the first national and cable television ads to run following Justice Ruth Bader Ginsberg's death Friday.

The CDC has removed new guidance that acknowledged airborne transmission of the coronavirus, posting in a note on its website that the guidance was only a draft and had been published in error.

Why it matters: The initial update — which was little noticed until a CNN story was published Sunday — had come months after scientists pushed for the agency to acknowledge the disease was transmissible through the air. The CDC previously said that close person-to-person contact was the bigger concern, and the language has been changed back to erase the warning about airborne transmission.

Ruth Bader Ginsburg's death and the battle over her vacant Supreme Court seat have real implications for energy and climate policy.

Why it matters: If President Trump replaces her, the court will likely become more skeptical of regulations that claim expansive federal power to regulate carbon under existing law, and perhaps new climate statutes as well.

President Trump told "Fox & Friends" on Monday that he plans to announce his pick to replace Justice Ruth Bader Ginsburg on the Supreme Court on Friday or Saturday.

The state of play: Axios has heard that Trump's choices to succeed Justice Ruth Bader Ginsburg are down to two women, both federal appeals court judges. The frontrunners are Amy Coney Barrett of Chicago, the early favorite, and Barbara Lagoa, who is viewed as easier to confirm. The Senate confirmed Lagoa 80-15 last year, so many Democrats have already voted for her.

Andrew Weissmann, one of former special counsel Robert Mueller's top prosecutors, says in his new book, "Where Law Ends: Inside the Mueller Investigation," that the probe "could have done more" to take on President Trump, per The Atlantic.

Why it matters ... Weissmann argues that the investigation's report didn't go far enough in making a determination regarding Trump's potential obstruction of justice: "When there is insufficient proof of a crime, in volume one, we say it. But when there is sufficient proof, with obstruction, we don’t say it. Who is going to be fooled by that? It’s so obvious."

A new book, "The Wake-Up Call" — by Bloomberg News editor-in-chief John Micklethwait and The Economist political editor Adrian Wooldridge — warns the West about what can happen to great powers that mishandle a pandemic.

Axios talked to Micklethwait on Friday night, on his ride from Bloomberg's tower in London to the English countryside:

It's really important whether we find a vaccine. It's really important what happens to the economy. But in 20 years' time, if a historian looks back at this year and they say, "Wow, 2020 was the year when Asia clearly began to get ahead of the West," that will be a much bigger deal. 

Joe Biden's campaign, the Democratic National Committee and joint fundraising committees had $466 million in cash on hand, the presidential candidate's team announced late Sunday.

Why it matters: President Trump's campaign had $325 million cash on hand, his campaign communications director Tim Murtaugh announced Friday.

Senate Minority Leader Chuck Schumer and Rep. Alexandria Ocasio-Cortez called on voters Sunday to contact senators and urge them to honor the late Justice Ruth Bader Ginsburg's wish that she not be replaced until a new president is installed.

Details: Schumer noted during their news conference "we only need two more senators who will abide by RGB's wish," after Republican Sens. Lisa Murkowski and Susan Collins said they'd oppose holding a Senate confirmation vote on President Trump's nomination to replace the late Supreme Court justice before November's election.

The Emmy Awards Sunday night addressed the major U.S. issues this year — including the protests on systemic racism and police brutality, the wildfires engulfing parts of the West Coast, the census, the pandemic, essential works and the election.

Why it matters: Award shows have always addressed wider cultural issues, but this year — amid unprecedented stress and uncertainty — that trend has accelerated.

Journalist Bob Woodward released new audio clips that aired on CNN Sunday night in which President Trump said he expects to have appointed "more than 50% of the federal judges in the country" by the time he leaves office.

Why it matters: The tapes from December to this summer offer insights into the importance Trump places on judicial appointments in his presidential legacy. In one interview, he described federal judges in one interview as being "like golden nuggets."

A suspect was arrested for allegedly "sending a suspicious letter" after law enforcement agents intercepted an envelope addressed to President Trump containing the poison ricin, the FBI confirmed in an emailed statement to Axios Sunday.

Details: The suspect, a woman, was arrested while trying to enter New York from Canada, law enforcement sources said.