And, firing back. Its a price pal. Youre the single biggest liar. This morning, trump, cruz, rubio, kasich, all here live. From abc news, its this week. Here now, chief anchor george stephanopoulos. The news that Supreme Court scalia has died saturday afternoon. His powerful pen made him a pillar of the conservative movement. His death leaves a divided court for a divided country. Sets up an epic battle for a successor and strikes at the heart of this already chaotic president ial campaign. Well hear from the candidates this morning, break down what his death means for the court and the country. We begin with pierre thomas. Good morning. Flags here at the Supreme Court and across the nation at half staff as the court mourns the his death had has enormous legal and political ramifications. He apparently died in his sleep on a quail hunting trip. His body was discovered after he failed the appear for a breakfast gathering. U. S. Marshals came to the scene. Law enforcement Officials Say there appears to be no foul play. The longest serving justice on the court, he was appointed by ronald ragen in 1986. An astute legal mind, he became a champion of conservative causes. President obama called scalias son to offer condolences and interrupted a trip to california to address the nation. He influenced a generation of judges, lawyers, and students. And pro foundly shaped the legal landscape. Reporter his body has arrived in el paso. No word on memorial services. Tributes will likely come. All of official washington george . Pierre thomas at the court. Thank you. We have the battle now over who comes next. The president promised to name a successor. Republicans vowed to block his choice. Reporter the battle lines on this were drawn before the Supreme Court officially confirmed that scalia had died, setting up a titanic fight here in washington and on the campaign trail. News of justice ka leas death struck washington like a thunder bolt. In an unprecedented move, Mitch Mcconnell immediately released a statement saying this vacancy should not be filled until we have a new president. When president obama came before the cameras to mark scalias passing, he made it clear he would not be taking mcconnells advice. I plan to fulfill my Constitutional Responsibilities to nominate a successor in due time. Reporter at the debate in South Carolina last night, replace obama called on congress to block the president. I think its up to Mitch Mcconnell and everybody else to stop it. Its called delay, delay, delay. Were not going the give up the u. S. Supreme court for a generation by allowing barack obama to make one more liberal appointee. Someone on this stage will get to choose the balance of the next Supreme Court. We ought to let the people reporter none of that will deter president obama. The short list of people includes Circuit Court judges Sri Srinivasan and kelllly. Like. He was a clerk for Justice Sandra day oconnor. He was confirmed 97 0 for his current post. That is a far cry from confirming him to replace scalia. Difference in a future vote. Jon, this sets up the prospect of a 44 lineup on the Supreme Court for maybe well over a year. Reporter that could mean a lot of tying votes on the Supreme Court. Nearly 30 of the decisions in the most recent term were 54. In about a third of those, scalia was the fifth justice in the majority. You could have a situation where you have many tie votes. In that case, the lower courts decision simply stands. Huge impact. Thank you, jon karl. Now to the gop debate last night. It started with a moment of silence. Quickly became the nastiest of the campaign. Mar mary bruce was there. Youre probably worse than jeb bush. That is absolutely false. Hes lying about all sorts of things. This is just nuts. Reporter with just one week until the South Carolina primary. God bless the great state of South Carolina. Candidates ripped each other to shreds. The makeorbreak state living up to its reputation. Donald trump took on jeb bush. Jeb is so wrong. [ crowd booing ] thats jebs special interests and lobbiests talking. Reporter bush punched back, seeming to get under trumps skin. This is the Standard Operating Procedure to disparage me. You want to talk about weakness, its weak to disparage women . Its weak to disparage hispanics. Im sick and tired of him going after my family. While dounld trump was building a reality tv show, my brother was buildinging a Security Apparatus to keep us safe. Ill proud of what he did. The World Trade Center came down during your brothers rain. Remember at the. They lied. They said there were weapons of mass destruction. There were none. Reporter ted cruz and marco english and spanish. Marco went on univision and said he would not rescind president obamas illegal executive amnesty. I dont know how he knows what i said on univision because he doesnt speak spanish. [ speaking spanish ] reporter and george, the candidates are pulling out all the stops here. Tomorrow, former president george w. Bush making the first stop for his brother. After last night, joking donald trump is no longer invited. After the debate, they didnt even shake hands. Lets get to the candidates. Starting with senator ted cruz. Thank you for joining us this morning. Lets begin with that news about Justice Scalia. You said that president obama should wait to name a successor. Ronald reagan nominated Antony Kennedy with 13 months left in president obama has more than ten months left. Why isnt it his right to nominate the justice and the senates responsibility to give that nominee an up or down vote . The senate has not confirmed a nominee named in a final year in Election Year in 80 years. This is a lame duck president. The only reason Anthony Kennedy was name that late was because democrats in the senate rejected two other nom northeast. Robert bork, and doug ginsburg. Right now, the court is ex exquisitely balanced. As Ronald Reagan was to the presidency, so Justice Scalia was to the court. This is a 54 court. This next election needs to be a the people need to decide. Im glad the senate is agreeing for what i called for. We should not allow a lame duck president to capture the Supreme Court in the waning months of his presidency. Does that mean youre going to filibuster anyone, anyone that the president nominates . Absolutely. This should be a decision for the people, george. We have an election. Democrats, i cannot wait. To stand on that stage with Hillary Clinton or with Bernie Sanders and take the case to the people. What vision of the court do you want . Let the election decide. If the democrats want to replace in nominee, they need to win the election. I dont think the American People want a court that will strip our religious liberties. One that will mandate unlimited abortion on demand with taxpayer funding. I dont think the American People want a court that will write the Second Amendment out all of those are 54 issues hanging in the balance. But the people elected president obama, didnt they . They did. But but that that was three years ago. And elections have consequences. The people gave us a Republican Senate this last election because they were fed up with barack obamasias passing has a profound impact on this primary. It underscores the stakes for the people in South Carolina. Theyre asking, who can i trust . Who do i know will defend the constitution and defend the bill of rights . The pattern we have seen, youre a verdict reason of these battles. Democrats understand the stakes. They fight tooth and nail for left wing ju durable activists. Far too Many Republicans dont care about the court. Dont invest Political Capital in it. Its why so Many Republican nominees have turned out to be disasters the. Let me Say Something to the veterans in the state of South Carolina. To the veterans in sking is, hanging in the balance. Justice scalias one of his biggest decisions, 54, the heller decision. The right to keep and bear arms. If a liberal justice goes to the court, were one vote away from the Second Amendment being written out. If donald trump becomes the president , the Second Amendment will be written out. Hes not a conservative. Hell not invest the capital to confirm a conservative. He says he will. The Second Amendment will go away. He says youre wrong. He says he will. He says your judgment should be questioned because you supported john roberts. Listen, number one, i did not appoint john roberts. George w. Bush did. Once the president made the nomination, i supported it. That would have been a mistake. You have to look at donald this is a man who, for four decades, has supported liberal democrats. En. Donald trump gave money to Chuck Schumer, harry reid, Hillary Clinton. Anyone that writes checks to Chuck Schumer and harry reid and jimmy carter and Hillary Clinton does not care about conservative justices on the court. The one person hes suggested that would make a good justice is his sister, who is a court of appeals judge appointed by bill clinton. Shes a hardcore pro abortion liberal judge. He said she would make a terrific justice. Hes said there would be a conflict of interest and would not appoint her. But it gives you an example of the type of people he would be looking to. The type of people he would be looking to. Donald trump is not a conservative. For his entire life, hes been hes supported partialbirth abortion. Yesterday, he defended planned parenthood on the debate stage. Have you seen a republican on a Republican Debate stage defending taking federal tax paiser er payer money and giving it to he thinks they do terrific things pip dont think so. I dont think conservatives in South Carolina think so either. I have never seen you unload on donald trump like you have in the last couple of minutes. Are you concerned that if he wins South Carolina he cant be stopped . What im concerned about, george, is our country is in balance. Ive devoted my entire life to fighting for the constitution and the bill of rights. The heller decision, i represented 31 states. We talked about abortion restrictions. I represented a coalition of states defending the ban of partialbirth abortion. I dont want to see our liberties taken away. My daughters, caroline and katherine are 7 and 5. I dont want to have to look at them and say, the free comes to america has had for two centuries, you dont get. Justice scalias passing changes the entire contours of the race. The time for the kir us is and reality show is over. This is a serious choice. And were talking about losing our basic liberties if we get this wrong. And its why i have so much faith in the people of South Carolina, that that that they value liberty, the constitution. One final point, were also choosing a commander in chief. This is a dangerous world. It doesnt make stoens appoint ense to appoint someone as xhef who doesnt understand the nape of our enemies. Last night, donald trump defended his calling for george w. Bush to be impeached. Fever swamps of the left. Thats where donald comes from. Hes supporting john kerry and bush. You put a lot on the table. Thank you for joining us this morning. Thank you for having me. Lets take that right to donald trump. He joins us now by phone. Mr. Trump, you just heard senator cruz right there. He says youre part of the fevered swamps of the left. False. And this countrys made a lot of mistakes. The war in iraq was within of one of them. A guy like cruz wouldnt understand a mistake. He stands on the senate floor, he has no support from one senator. No endorsements. Hes a lone wolf. Hell get nothing done. Hes not a leader. Never employed anybody. Never created a job. This is the wrong guy. And hes nasty guy. What he did to ben carson was disgraceful in iowa. When he made the fraudulent voter violation manuscript. He holds up the bible, he might hold up the bible. This is not man that, in my opinion, should be president. I think hes done a great disservice to himself and to the republican party. On that last point he raised, you did say back in october 2008 that impeaching president bush would be a wonderful thing. Do you still believe that . I didnt endorse anything. I think he did a terrible thing when he went into iraq. We can all be nice and be politically correct and say how wonderful and jeb bushs brother, took him five days before he understood how to answer the question. Five days late. You remember that fiasco. He was gone by the time he started. He couldnt answer whether iraq was a good thing or bad thing. He ultimately determined it was a bad thing. His brother got us into that war. There were no weapons of mass destruction. There were no anything. We destabilized the entire middle east. Obama got us out of the war in the wrong way. By announcing a specific date and not leaving people in was frankly disgusting and very, very foolish. Ill tell you, you go back to 2003, 2004, im the only one who said dont go into iraq. Youll destabilize the middle east. I was against the war even though im the most mill itaristic person there is. I said, dont go into the war. Youll destabilize the entire middle east. Thats w457d. Thats why we have the migration and all of the other problems we have right now in the middle east. Would be a wonderful thing. On tape. To wolf blitzer. It seemed like she was going to really look to impeach bush, and get him out of office, which, personally, i think would have been a wonderful thing. To itch peach him . He got us into the war with lies. What evidence do you have that president bush knowingly lied . Ill ask the question again. Do you still believe that impeachment would be a wonderful thing . I dont even think about it. Its past time. He made a horrible mistake. We all make mistakes. Hi was a beauty. I see the soldiers that died. The Wounded Warriors all over who i love, who i work with. And ill tell you what, it was a horrible mistake. We spent 2 trillion on the war and we have nothing. You know whats happening now . Iran is taking over iraq where the second Largest Oil Reserves i said on your show and many others, dont leave. Keep the oil. Guess what . Isis has the oil. Iran will have the oil. The oil and the value and the tremendous wealth fueled isis. I said recently, bomb the oil. Not recently, over the last three year. Bomb the oil. Dont let them have the oil. Nobody wants to listen. We have politicians, all talk, no action. And a guy like ted cruz would be an absolute disaster. And hes not a leader. Lets turn to the Supreme Court. You heard senator cruz say you cant be trusted to make a pick. He cited your praise of your sister saying she would be a phenomenal Supreme Court justice. I said it jokingly. My sister is a brilliant person. Known as a brilliant person. Obviously, a conflict. I said, oh, how about my sister, kiddingly. S different views than me. Somebody like diane sykes from wisconsin would be good. My sister would not be the right person. Its a conflict of interest. How will you convince people conservative. Justice john roberts gave us obama care twice. He could have foiled it twice. He had two votes, went up shockingly, voted in favor of obamacare. He went there because ted cruz pushed him like wild. And by the way, jeb bush pushed him through the brother. And jeb bush and cruz pushed Justice John Roberts and now we have Justice John Roberts. What happened is, he twice, could have ended obamacare and didnt. Cruz shouldnt be talking. Appointments i have ever seen. Weobamacare because of jeb bush, ted cruz, george bush. They seemed to be piling on you last night. You think this is all happening because the other republicans have figured out if you win South Carolina you may not be stopped . The reason it happens is because im selffunding. Putting up my own money. I built a tremendous business. Im going to do what is right for the people of the country. In that room were many people that i know very well. Theyre all lobbyists and special interests. They gave a lot of money to jeb bush. This guys wasted 140 million. He spent 43 million in New Hampshire and came in fourth or fifth. I spent 3 million and came in first by a lot. This is the kind of guy you want as a president . Between him and cruz, ill tell you what, the republicans are in trouble. And theyll never bead Hillary Clinton. Im the only one that will beat theyll never beat Hillary Clinton. Mr. Trump, thank you for your time this morning. Okay. Thank you very much. And we have much more ahead. Senator marco rubio and john kasich will join us. The roundtable as well. And a look back at the legacy of Antonin Scalia. During its first year, a humpback calf and its mother are almost inseparable. She lifts her calf to its first breath of air, then protects it on the long journey to their feeding grounds. One of the most important things you can do is help the next generation. At pacific life, we offer Financial Solutions to accomplish just that. Ask a Financial Advisor about pacific life. I was not aware of how much acidity was in my diet. That it was damaging the enamel. I wanted to fix it right away. My dentist recommended pronamel. He said pronamel can make my teeth stronger. Pronamel is helping me lead p the life that i want to live. Hey, remember the game when i set the rookie passing record . I mean, you only mentioned what, 50 times. How about when i had three events in one night . Well, i ve been working on my new superhero move all day we re non stop, we ve gotta have our extra protein. Oikos triple zero greek non fat yogurt has 15 grams of protein. Zero added sugar, zero artificial and zero holding me back oikos triple zero. Be unstoppable. Mmm dannon much more ahead on Justice Scalia and the gloves off gop debate in South Carolina. Marco rubio and john kasich are next. Plus our powerhouse ive smoked a lot and quit a lot, but ended up nowhere. Now i use this. The nicoderm cq patch, with unique extended release technology, to smoke all day. I want this time to be my last time. Thats why i choose nicoderm cq. And were back now with senator marco rubio coming off the debate last night in South Carolina. Thank you for joining us this morning. Lets begin with the debate. Getting nasty out there. Do you think as governor kasich suggested that you might be hurting each other and helping the democrats . Sure. I said that before. I always try to avoid that sort of engagement. It got me in trouble a few weeks ago. I had a bad moment because i chose not to go after governor christie. Its kind of a catch 2 2. In the end, im not running against the republicans. Im running because i want to be president of the United States. If youre attacked, its spornt to respond. So if im attacked at debate, im going to respond. Last night, you saw an edge change with ted cruz. Ted is saying things that are not true habitually. In the last week, hes not told the truth about my position on planned parenthood. Marriage. The truth about immigration. These things have to be clarified. They need the be addressed. He would filibuster any choice president obama made. Are you taking the same position . Yeah, but he wont have to because mitch manager konl has made i had clear were not going to mover forward until thats an election. I think sit the right decision. The court can function with eight justices. Within the last few months of the president s term, we should not be appointing justices. The president can nominate whoever he want. The senate shouldnt move forward on it until after the election. Well have an election in november. One of the key im sorry. So if youre elected president , will you promise not the make an appointment in your final year . Im not saying the president cant do it. Im saying were not moving forward on it in the senate. He shouldnt . He shouldnt. He has the legal right to do it. As president , i would recognize the precedent. In the last 80 years, in the there should not be an appointee put in place. This will be an issue. The voters will choose a new president , who i believe will be me, should then fill that vacancy for a lifetime appointment to the Supreme Court. Donald trump says he doesnt think about impeachment of george bush anymore. Hes not backing off the comments he made last night about president bush lying about weapons of mass destruction in iraq. Given those statements, is donald trump still a nominee you could support if hes chosen for the nomination . Would have hoped he would have repudiated those comments last night. His unwillingness to walk away is disturbing. Hes not going to be the nominee nominee. Im going to be the anymore to nominee. I dont think george w. Bush lied. Given to him. It turned out not the be accurate information. Thats unfortunate. That being the case, he didnt lie. A lie is when you know whats true and you Say Something different. I know you hope to defeat donald trump. My question is, will you support him if hes the nominee . Im going to support the republican nominee. I know the republican nominee is going to be someone who holds views like mine. I dont share all the views that donald trump has. I think ultimately, he wont be the republican nominee. The republican nominee, no matter who sit on the stage lrks be a better choice than Bernie Sanders or Hillary Clinton. Thank you for joining us. Thanks, george. Governor john kasich joins us now. Thank you for joining us. Quite a night last night. It doesnt sound like anybody will take your suggestion to bring down the negative ads. You know what, george. It was like a demolition derby. Going around the circuit. I tell you what i found, george. I had a rally at a barbecue joint. About 500 people there. It was stunning. People were just coming up, taking pictures, grabbing on to me, wanting me to sign things. They said, please stay positive. Please stay positive. I kind of get my fuel from ideas. I dont get my fuel from the negative side. I dont disagree with rubio. If youre going to be attacked, you have to defend yourself. You know. But i want to climb out of that as quickly as i can and tell people what im for, rather than spend my time prolonging a back and forth in dae bait. By the way i think the debates are ridiculous. This is not a way to pick a president. If you want to pick a president , come to a town hall. Watch an interaction between a candidate and the public for 30 minutes or 40 minutes. This whole business of who has the best sound bite, who had the most clever thing they said. I dont think harry truman could become president through this pro sisz. With it. Lets talk about who youre for for the Supreme Court. What kind of justice would you appoint . And do you agree with senator cruz and donald trump on the roberts . No, im not here to criticize john roberts. Look, ive picked well over 100 judges to the court in ohio. I have even picked a ohio Supreme Court justice. Shes turned out to be a great justice. I would look for a conservative. Somebody who doesnt make law. But somebody who will interpret the law. Somebody who is above reproach. What is their record . Their history. Thats how ive done it in my state. So, you know this is not an unfamiliar process to me. So, obviously, it would be somebody who is a constitutionalist and not the president will send somebody. The senate will do nothing. Youre going to have a president ial election here. People will in a very unusual way, indirectly sort of pick the next judge of justice of the Supreme Court. Its pretty interesting. It is pretty interesting. This sounds like a new rule now. A rule that a president cant pick a Supreme Court justice in his or her final year . George, you know how polarized everything is. I dont want to see more fighting and recrimination which is what were going to see. Lets face up to this. We are very divided between president obama and the congress. And its you know, and look. When you have that kind of division, its really hard to get things done. If i were president of the United States, you know, and i could keep the congress together, of course i would send somebody. It would probably be a different situation. Right now, just looking at it. Its one of the reasons im republicans and democrats in most cases before theyre americans. But the divisions are real. So lets just wait for an election, move beyond it, then whoever we pick as a justice gets confirmed will have broad consensus across the country. You can start the healing process process. Divisions are real inside your party by looking at the stage last night. This nomination will take a long time, wont it . I think it will take a long time. My daughter, emma, said to my wife, after we did so well in New Hampshire, well, im really happy about daddy doing so well. But whens he coming home . And, im actually going home for valentines day. But its going to take a long time. Im headed to michigan tomorrow. I i know were going to be back here in South Carolina. Were, you know, preparing all across the country. I think it will take a long time, george. And its going to be interesting pip hope we can raise it, raise brow conversation about what we want to do. Governor kasich, thank you for your time this morning. Thank you, george. Up next, well hear from the democrats, Hillary Clinton, Bernie Sanders is going to join us as well. Senator Chuck Schumer. The member of the judicial commit tooe. And the political fallout with how powerhouse roundtable. Your heart loves omega3s. But the omega3s in fish oil differ from megared krill oil. Unlike fish oil, megared is easily absorbed by your body. Megared. How was your commute . Good. Yours . Good. Xerox real time analytics make transit systems run more smoothly. And morning chitchat. Less interesting. Transportation can work better. With xerox. Thank you for calling. Well be with you shortly. Yeah right. Xerox Predictive Analytics help companies provide a better and faster customer experience. Hello mr. Kent. Can i rebook your flight . Im here Customer Care can work better. With xerox. Wait im here Bernie Sanders is up next. Plus our powerhouse rbt rth. Well hear from some of the people who knew Justice Scalia so well on his life and legacy. Handle during winter. 90 stressful days juggling hectic schedules. Over 40 meals of heavy comfort foods like baked mac cheese. Digestive systems can act up. Two week challenge for two weeks may help reduce the frequency of bloating, gas, discomfort or rumbling. Try it it works in two weeks or it s free. I have asthma. One of many pieces in my life. So when my asthma symptoms kept coming back on my longterm control medicine, i talked to my doctor and found a missing piece in my asthma treatment. Oncedaily breo prevents asthma symptoms. Breo is for adults with asthma not well controlled on a longterm asthma control medicine, like an inhaled corticosteroid. Breo wont replace a rescue inhaler for sudden breathing problems. Breo opens up airways to help improve breathing for a full 24 hours. Breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. Breo is not for people whose asthma is well controlled on a longterm asthma control medicine, like an inhaled corticosteroid. Once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. Do not take breo more than prescribed. See your doctor if your asthma ask your doctor if 24hour breo could be a missing piece for you. See if youre eligible for 12 months free at mybreo. Com. It is outrageous that republicans in the senate and on the campaign trail have already that president obama nominates. Barack obama is president of the United States until january 20, 2017. That is a fact, my friends. Whether the republicans like it or not. Hillary clinton weighing in on the battle to scalia. Just after the news broke, Martha Raddatz sat down with Bernie Sanders and started off by asking him about the nooes. I dont think Mitch Mcconnell has it right. The constitution is clear. Its the job of the president of the United States to appoint, nominate members to the Supreme Court and the Senate Confirms. President obama, in my view, should make that nomination. I hope he does it as soon as i hope that the Senate Confirms and begins deliberations as soon as possible. Do you imagine that will happen . I surely hope so. I just dont think it looks good that for very overtly political reasons that the republicans would deny this president the constitutional responsibility, which is to appoint members to the Supreme Court. I dont think the public would look kindly on republican actions to try to thwart what hes supposed to be able to do. What would you like for in a nominee . One litmus test. Im not a great fan of litmus tests. I think the campaign fitness system today is so corrupt adds a result of the disastrous Citizens United Supreme Court decision of six years ago that i would never nominate anybody to the Supreme Court who is not disastrous decision, which is allowing billionaires to buy elections and which is undermining american democracy. Senator sanders. Lets get more from Chuck Schumer of new york. A member of the judiciary committee. Lets look at the math. Senator cruz says hell filibuster. Mitch mcconnell says its not going to happen. You only have 46 votes in the senate. Theres not going to be a nominee here. Well, the job first and foremost is for the president to nominate and for the senate to process. You know, the constitution, ted cruz holds the constitution when he walks through the hals of congress. Let him show me the clause that says the president is only president for three years. Does this mean we dont hold hearings . The president shouldnt nominate cabinet ministers . It certainly shouldnt mean that in the fourth year. We go through the process. You know it wont happen. Im not sure thats true. The kind of obstructionism Mitch Mcconnell is talking about. Hes hearkening back to his old days. He said recently, i want regular order. After 2010, he said my number one job is to defeat barack obama without knowing what barack obama is going to propose. He says no, were not having hearings. To leave the Supreme Court vacant for 300 days at a divided time. This kind of obstructionism wont last. We democrats didnt do this. We voted 970 for Justice Kennedy in the last year of president reagans term. After voting down two others. Yes. But we had hearings. Many of the main stream republicans, when the president will not want to follow mch manager konl over the cliff. You think the president should do that. Send something he thinks could credibly get republican support . Rather than someone who would send a powerful message about the direction he wants to send the court in . I dont think the American People like the obstruction. That wont fly. A lot of the main stream republicans may say, i may not follow this. Second, i think the president , past his prolog, will nominate someone who is main stream. Is that a suggestion . No suggestion. His nominees in the past have got. Republican votes. Okay, senator schumer. Thank you for joining us. Thank you. Well be right back with and we have so much to talk about this morning. Lets bring in now matt dowd, our plate call analyst along with Cokie Roberts and bill kristol. Matt, lets start with you. This may be one of the biggest surprises yet . Absolutely. We have talked for almost 4 hours. It throws a huge wrench into the entire system. Not just washington, d. C. , where theyll have to decide what to do. But the entire president ial campaign pip think the republicans have made a mistake in the reaction to the the i think a better tack would have been, listen, the president has a constitutional duty to nominate somebody to the Supreme Court. And the u. S. Senate has a duty to decide if they approve that person. The senate may not approve that person. They shouldnt say the president shouldnt nominate. I think the tack should be, the president has a duty. He should nominate. The republicans have a duty to decide what they want to do. Does matt have a point . Not really. Its such terrible news about nino scalia. Such a giant of the Supreme Court. A conservative hero. I knew him reasonablebly y well. A wonderful man. The democrats defeated bob bork. When Miguel Estrada was nominated iffer the d. C. Circuit court, there was a filibuster. They knew he might be in line to honestly, turnabout is fair play. Make Mitch Mcconnell should have been more coy. The president is entitled to nominate whoever he wants. The republicans need to explain why we do not want the Supreme Court going in the direction of president obama wants it going in. The Senate Debate will be a bit of kabuki thit eater right now. Meantime, this makes the Supreme Court, right at the center of the president ial campaign, it could be one of the first time ever. Absolutely. It really raises the stakes in the president ial campaign, george. It focuses the mind. People realize, wait, were voting for someone who could name a justice that will be there for decades. Keep in mind, gerry ford was the president of the United States for 1 2 years. John paul stevens, his nominee, decades afterwards. Antony scalia, a reagan appointee. You have a very Important Message sent to the voters. Whoever you vote for will have an effect for many years to come. One of the effects of that will be that the question of electability becomes much more important in the voters minds. That has been Hillary Clintons strong point in her debates. In her elections so far. Let me bring that to matthew dowd. Cokie suggesting this could help Hillary Clinton on the democratic side. Do you agree . Does this fan to any candidates benefit on the republican side . I think when the Supreme Court nominations, which i agree, will be part of the conversation, it really is a conversation that goes on with the very left and very right. Most of Middle America will look at it and not get the whole nuance of who is more electable i have to say, and the electability concern that if Hillary Clinton makes that, right now, Bernie Sanders is more electable than Hillary Clinton. He has a higher favorability rating. He won the New Hampshire primary by 22 points. If Hillary Clinton continues to pursue the electability argument on her side, its problematic to Bernie Sanders. The only time in the debate last night, where there seemed to be agreement, was lauding Justice Scalia in the course of this and paying homage to this and saying we want to put a conservative on the court. That was the only consistency. After that, it deinvolve involve volved into something food fight. Does it make the debate on the republican side more serious . Help any particular candidate . President does that he does uniquely. He nominates jums and is commander in chief. Health care, education policy, tax policy, Congress Plays a huge role. The Republican Debates will focus on who will put good judges on the Supreme Court. Who has the knowledge. The temperament. The background. Where voters can be confident that theyll get good conservative constitutional judges. And the commander in chief issue, which donald trump raised squarely last night by saying that george bush knowingly lied us into the war in iraq. Its one thing to say that the war was a mistake. Iraq. I believe Donald Trumps candidacy i said this before and ive been wrong. I believer last night could be a moment where enough is enough. Trumps interesting. Hes saying things i like. Hes sticking it to the politicians hopefully, people will focus on can and should he be president of the United States . Those have imperiled people before. What youre seeing here in South Carolina is an awful lot of ads against him. That is something that has not been as prevalent before. Whether that makes a difference, just next saturday in the primary, well see. Last nights debate was remarkable in its childishness rg really. It was basically everybody saying, liar, liar, pants on fire. Im not sure after the entertainment value of that that voters feel tremendously comfortable seeing those candidates go after each other. Well see george w. Bush on the campaign trail tomorrow. Really for the first time. What difference does that make in South Carolina . He won here and went on the win for president. Im not sure how much of that transfers to jeb bush. You can have a popular former president. Bill clinton went to New Hampshire. Very popular president. Didnt seem to help Hillary Clinton in the course of the race in New Hampshire. I dont know how much impact. It could have impact on the margins. 11 1, 2, 3 possibly. Bill may will right. But hes predicted trumps fall along the way. If donald trump, after last night, wins South Carolina, and all of the ads, and he wince South Carolina after attacking Lindsey Graham and george w. Bush and saying george w. Bush lied about the war, if he wins South Carolina, how does one stop donald trump . That is an excellent question. When we come back, mor my constitution is a very flexible constitution. You think the Death Penalty is a good idea . Persuade your fellow citizens and adopt it. You think its a bad idea . Persuade them the other way and eliminate it. I have my rules. That confine me. I know what im looking for. When i find it, the original leaning of the constitution, i am handcuffed. Amendment meant when it was adopted that you are entitled to burn the american flag, i have to come out that way. Even though i dont like to come out that way. Though im a law and order type, i cannot do all of the mean conservative things i would love to do to this society. You got me. Justice scalia setting out his philosophy of the constitution. Lets talk to guests who know him well. Paul clement, clerk for Justice Scalia. Kate shaw, our Supreme Court analyst. And terry moran. Mr. Clement, you clerked for Justice Scalia. How will you remember him . Just like in that clip. I mean, he really believed in the constitution. He believed that the constitution had to be interpreted in way to restrain the justices so they couldnt impose their own personal policy he completely changed the way the Supreme Court handled cases and handled oral argument. Before he came to the court, it was quite common for advocates to make their argument and not get a single question. Or at most, a handful. He got there, he started asking questions from day one. Even the colleagues who had been there for awhile said, were not going let the new guy ask all the questions. They got involved. Its fund mentally changed the way the court holds arguments. Changed the way the court approaches statutes and constitutional law as well. Let me ask you quickly. He has such a unique pen. What was it like to write a draft for him . We used to joke in the chambers the only reason he asked for drafts from his law clerks was he wasnt quite sure how to format a word perfect document on the xirt. That voice in the opinions, that is all him. He just had a gift. Its changed the way, i think the constitution in the court. Because, left or right, most students, the first thing day do is pick up the scalia decision. Even if its a dissent. Before they read the majority opinion. He was that gifted a writer. Less impact in moving his justices behind the scenes. I think theres no question that he was the intellectual leader. He was not always victorious in advancing his opinions. I dont know if the views were too extreme. A question of sometimes abrasive style. He didnt always win in particular cases. And nonetheless, he had a transformational affect on the law. His biggest victory . I would think the most memorable victory, a piece of philosophy, the great Second Amendment triumph in the chicago where Justice Scalia, writing for a majority said the Second Amendment is a individual right. That well regulated militia clause doesnt interfere with the individual right the bear arms. That was in keeping with his sense that the federal governments powers needed to be limited, checked. Get back to the original intent. You know, george, a lot of people, in society, have great big grand ideas. Very few of them make them as contagious as Antonin Scalia made his, through his writing, his personality, the fights he picked. The fights he loved to pick as dahlia put it, he made the founders cool again. And in many ways, his influence goes outside of the law into a whole way of looking at the country we are. Well said. Thank you to all of you. Thats all for us today. Thank you for sharing part of your sunday with us. Ncer the following is a paid presentation for derm exclusive instant antiaging, brought to you by beachbody. Hi, everybody
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