Republicans and democrats were jockeying to bourke each other. Democrats want to stack the bench but republicans have the power to block any nomination until Bernie Sanders is sworn in and can nominate karl marx jr. In a black robe. The precedent has been set. Its been over 80 years now since in the last year of a sitting president there is a Supreme Court nominee. Its up to Mitch Mcconnell to stop it it many called delay, play, delay. I think president obama will nominate a person who in all likelihood will be out of the mainstream and the senate will reject it. Kennedy former scotus clerk ted cruz. One more liberal justice and well see the court mandating unlimited abortion on demand. Well see the court effectively erasing the Second Amendment right to keep and bear arms, and we would see the Court Dramatically undermining the religious liberty of americans all across this country. Kennedy whats more important, the presidency or the Supreme Court . On the show, donald trump threatening ted cruz with lawsuits. Is dragging jebs family into the slop fight. Scalias replacement is the talk of the hour. What does the constitution say about it. Bernie sanders is gaining on hillary in nevada. Will the democrats actually have an election . Welcome cottag d welcome to the adjective, im kennedy. According to the real clear politic average donald trump has a Comfortable Lead in South Carolina. The gop candidate agreet next president should take calias replacement, but they all think they are the man to do the job. Democrat say the republicans are just playing politic. Julie roginsky, andy levy is here, cohost of red eye. And katie pavlich. Town hall. Com. Welcome everyone. Should republicans just vote . Absolutely. Im not a fan of Mitch Mcconnell and american senators telling the president he shouldnt nominate anyone. I dont think you stop being president in the last year of your office. I think there is a big difference between telling the president he shouldnt nominate anyone and voting him down. Its disrespectful to the office of the presidency to say you shouldnt nominate anyone. Hes elected for a full term. Hes not elected for a 3year term. I dont like this. Kennedy what should the republicans do here . Does it make sense for them to bully the president into not nominating anyone at all . I dont think thats what Mitch Mcconnell is trying to do. You look at the language he used. He specifically said, you know, we think the next president should choose the replacement. They havent not said they dont think the president should nominate anyone. The president has a constitutional obligation to nominate someone. He should, then the senate has the Constitutional Authority to take it up for a vote or not. There is no requirement for the senate to actually do it. So thats the way it works. But you are right. There are some republicans getting confused with their language saying the president shouldnt nominate someone when he should nominate someone. It doesnt mean he should confirm that person or take a vote. Kennedy to say it hasnt happened for 80 years when Justice Kennedy was confirmed at end of reagans second term. Its bringing out the worst in both parties. Its bringing out the worst of marco rubio. He said we shouldnt get a Supreme Court nominee. They never miss an opportunity to miss an opportunity. Let the president put somebody up. Hold committee hearings. Give them an up or down vote. They will vote hip down because the republicans are in charge. They fulfilled their Constitutional Authority, advise and consent. Whats going to happen, you have a 4court and a hillary versus trump. Andy is getting excited. Im getting excited because i loathe the electoral college. And this will just prove once and for all that i am correct. Kennedy how stupid it is because you might have a tie. But then you go to an 8justice Supreme Court you would have another tie. Who breaks the tie. Joe biden. The president can nominate, you can deny. Thats it. Why is marco rubio going into all these other things about it. Its a simple process, its easy to explain. The president has about three weeks, 2 1 2 to 3 weeks where this term does not end but the senate and house recess and new senators come in. What if you elected a republican president and a democratic senate, he could squeeze it in three weeks and get that person appointed. Kennedy here is what he told Maria Bartiromo this morning. Every type we have a debate the rooms are stacked with donors and lobbyists. Im selffunding my campaign other than little contributions from people who love us. Kennedy is the rnc stacking deet baits . It does matter if they are. The point is, donald trump if he cant handle a tough audience in a debate hall, how is he going to handle the presidency. He whines and complains about everything. We all knew a lot of us knew when he signed the stupid pledge claiming he wasnt going to run third party, everyone knew he was doing it to move the news cycle. I wouldnt be surprised if he decided to do it anyway. If he cant handle a rowdy awedins he has a lot more problems. If i were the rnc i would start thinking about running a thirdparty candidate if trump is the nominee. At a certain point they call his bluff and say run third party. If you say you are going to run third party, run third party. A lot of us said at the time when he signed this pledge, all he had to do is what hes doing now. All he had to do was claim the rnc is not holding up their end. So i dont have to hold up my end. Hes a giant man baby as katie said in nicer words. If hes a giant man baby, Reince Priebus is a giant patty hearse dhearst. Five seconds later donald trump says im not so sure im going to abide by this. Reince priebus looks like a total joke. Hes got to get on it. If i were Reince Priebus, i would say i run the Republican National committee. You want to run against us, go to town. If you are going to be the nominee or we are not going to help you. He cant do this without the establishment in the general election. Kennedy and he cant do it without the koch brothers. 237 the party panel, nevada is suppose to be Hillary Clintons big fire wall. But are serious cracks in the wall starting to show . The trumpjeb feud has entered another dimension. The carcass will surprise you. Please stay here. Kennedy im just seething. So is Hillary Clinton it many well known the Hillary ClintonCampaign Looks at nevada as a fire wall for her lackluster candidates i. But there are reports ma gap secretarys madame secretaries lead may be in danger. And the delegates arent bound by the results of their state. And hillary has secured three them, im guessing duct tape. What happens if she losses in nevada . She goes on to South Carolina. She has to couple with the message. Kennedy im a lady and ladies should vote for me. You all know me and i have been around for 47,000 years. Bernie sanders is on fire. He can explaining why hes running and what the reason to vote for him is. You may disagree with it, but its a clear message. No wonder people in nevada are saying why are we supposed to support you . Kennedy a lot of people getting excited about Bernie Sanders. This could be the first breakout state where bernmentum is making gains. Internal polling for Bernie Sanders shows hes making advances with the hispanic population. Labor unions feel like they have been given the shaft by their corporate overlords. Thats a real problem with her. Kennedy the cronyism has changed the face of the union and daytoday members paying those dues, and the political process is not necessarily working out for them. Explain how stupid the superdelegates are. You have the name democrat nick your party name. And you have people whose sole job is to make sure the will of the people is thwarted if need be. Its the perfect reminder for most people in politics the party is more important than the people of the country. Its so nakedly obvious it amazes me they are allowed to get away with it. They are all elected officials so they will go with the wind. Thats what happened in 08. These people are not principled people who will go down with the ship with her. Kennedy they are politicians. Are you saying politicians are unprincipled . Im loathe to say. Kennedy Bernie Sanders will find a way to broaden his message to whoever he has to. And we have yet seen his Campaign Reach critical mass. The more missteps she has, the more she barks at people and deploys her sleepy husband. People really start to look around. I love her sleepy husband when hes not unhinged. I love bill clinton. Hes the best thing he has going for him. Kennedy the panel returns later. Bret baier breaks down the trumpcruz rivalry that might wind up in court. Bret is next. Represent blood cells. And if you have afib an irregular heartbeat that may put you at five times greater risk of stroke they can pool together in the heart, forming a clot that can break free, and travel upstream to the brain where it can block blood flow and cause a stroke. But if you have afib thats not caused by a heart valve problem, pradaxa can help stop clots from forming. Pradaxa was even proven superior to warfarin at reducing the risk of stroke, in a Clinical Trial without the need for regular blood tests. And, in the rare event of an emergency, pradaxa is the only oral blood thinner other than warfarin with a specific reversal treatment to help your body clot normally again. Pradaxa is not for people who have had a heart valve replacement. Dont stop taking pradaxa without talking to your doctor. Stopping increases your risk of stroke or blood clots. Ask your doctor if you need to stop pradaxa before any planned medical or dental procedure. Pradaxa can cause serious, and sometimes, fatal bleeding. Dont take pradaxa if you have abnormal bleeding. And seek immediate medical care for unexpected signs of bleeding, like unusual bruising. Pradaxa may increase your bleeding risk if youre 75 or older, have kidney problems, stomach ulcers, a bleeding condition, or take certain medicines. Side effects with pradaxa can include indigestion, stomach pain, upset or burning. Dont just go with the flow. Go with pradaxa, the only blood thinner that lowers your risk of stroke better than warfarin and has a specific reversal treatment. Talk to your doctor about pradaxa today. E trade is all about seizing opportunity. And id like to. Cut. So im gonna take this opportunity to direct. Thank you, well call you. Evening, film noir, smoke, atmosphere. Bob. Youre a young farmhand and e trade is your cow. Milk it. E trade is all about seizing opportunity. Kennedy hello, donald trump kicked his critique of ted cruz in high gear, calling him an unstable liar. Hes threatening to sue him over his canadianness. Ted cruz has a mental problem. Ted cruz is a liar, he has a problem. Special report host bret baier joins me to sort out the madness and chaos and insults from whats really important to americans. Welcome back. Reporter hi, kennedy. Kennedy im wondering based on what you have seen, is donald trump employing any different of a strategy than he did in iowa or New Hampshire . Bret hes more active. South carolina weve knew would get negative. It got personal very quickly. The ads are bomb barked the airwaves and donald trump is taking to news conferences and multiple press conferences about ted cruz and about george w. Bush and jeb bush. And hes effective in one way. And thats getting in the news cycle. Yesterday was all about george w. Bush on the campaign trail for jeb bush. What was the question on reporters minds . What do you have think about what donald trump said about the Bush Administration going into iraq or keeping us safe after 9 11 . He was into the news cycle. He does the same thing with ted cruz who would be well positioned in South Carolina one would think that this state would line up for him. Now is he unstable, liar. And he effectively changes the narrative. Kennedy ted cruz took the high road. And that seemed to be a good strategy for him. But he shifted into another gear. Do you see cruz emerging from this with more points and momentum on his side . What do you see in South Carolina as far as polling. Bret were a lot of the polling happened before the debate. There is only a couple polls after the debate. There were a lot of robocalls, a lot of them done on valentines day, sunday night. You have to take that into consideration. So we have a poll coming in thursday. Thursday morning that will be a complete poll. And we are looking forward to seeing those numbers. Kennedy obviously South Carolina is such a critical state. And i think its going to determine so much. But as you mention, lets get back to george w. Bush, he emerged on behalf his brother jeb, prompting trump to fire tore pea doze at the entire family. When somebody attacks me like jeb, i was nice to him at ronald reagan. But he talked about the tremendous safety. The World Trade Center came down during the reign of george bush, right . It came down. I thought it was a little strange that a frontrunning candidate would attack the president of the United States who did keep us safe. While he was building a reality tv show, im sure it was a fantastic one, i have never seen it. In ply experience the strongest person usually isnt the loudest one in the room. Kennedy oh, mercy. Certainly donald trump has got and lot of fodder out of george w. Bush on the campaign trail. Does it appear jeb bush has gone the as much out of his brothers presence . Bret i dont think so. I think donald trump is walking a tough line. When you have Rush Limbaugh and mark levin saying he sounds more like codepink. When you have dick cheney going into detail about the iraq war and 9 11 and defending the Bush Administration. Who knew of it would be here with the 2016 race with a republican candidate. I think its a dangerous line he walked there. I dont know if jeb bush bringing in his mother in New Hampshire has changed his fortunes as far as the polls. Kennedy you know, jeb said that New Hampshire, the voters pushed the pause button though donald trump won by 20 points. I know hes hoping this momentum shifts for him. But you talk about donald trump and his doubleedged sword, i feel the same which with jeb bush. His brother is likeable and competent. I think in one sentence conservative republicans have missed him because its been in exile for so long. But the other side of that sword reef minds people of the failures of the second Bush Administration. Bret thats a doubleedged sword as well. Maybe trump is trying to mine that and plate other side. Before its a dangerous game when you do that in republican politics where in South Carolina president bush has an 82 popularity rating. The interesting thing like we saw in New Hampshire is the battle between jeb bush and marco rubio and john kasich. They are fighting for this other position. If marco rubio beats jeb bush significantly in South Carolina it many tough to see the path for jeb bush going forward. Kennedy there are optimists who are part of jebs cash saying hes got enough money web can go on. But how long can you go on. At what point do you take a good, hard look at the campaign and saying its not going to work . Bret the super pac has already taken that look. They delayed buying ads in the super tuesday states for jeb bush. Kennedy the golden girls get a black gospel makeover and adrenaline junkies scale a chinese skyscraper. This just got interesting. Why pause to take a pill . Or stop to find a bathroom . Cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. Tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure. Do not drink alcohol in excess. Side effects may include headache, upset stomach, delayed backache or muscle ache. To avoid longterm injury, get medical help right away for an erection lasting more than four hours. If you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help right away. Ask your doctor about cialis and a 200 savings card kennedy this is the topical storm. Topic number 1. Quinn is a confident sweet 5yearold girl who is a magnet for the boys. This child is wise beyond her years. Listen to her explain her romantic woes to mom. Hes romantic but i think im too young to have a boyfriend. But its like he looks so happy, its just dish dont want to break his heart. Kennedy like a scene ripped out of every gender aniston romcom. So instead of settling for mr. Hot pants quinn is going to pull the trigger and break his heart. Lets Flash Forward 40 years and check in on the soon to be heartbroken suitor. By the power veftd in me by the kingdom of got, i send you to the kingdom of hell. Topic number two. Bird of a feather flock together. And so do sheep. This mesmerizing food and is from a drone. Look how they form patterns like flocks of birds on the ground. Absolutely beautiful. But its not just mindless mammals forming elegant patterns. They are organizing for a purpose. Politics, you see . What do you want . When do you want it . Kennedy an overwhelmingly white mob all repeating one bad thought over and over again. What does that remind me of. Let me thank all of you for coming out. People underestimated the kind of interest we had here in amherst. Topic number 3. How far would you go to get a terrific selfie. For these guys pretty close to death. Adrenaline junky duo is composes of a ukrainian photographers. They are in the worlds 28th tallest building. They are snapping a selfie 1,260 feet above ground level. Unfortunately not all stunts in life turn out all right. Deadly tragedy struck one of these three men in a fatal accident. If you have children watching you might want them to leave the room now because the foot and we are about to show you is graphic and terrifying. Damn you godzilla. This is why we cant have nice things. Topic number 4. Justin bieber keeps topping the chart despite good taste and the letters i have been sending the International War crimes tribunal, with you some heavyhitting actors took the lyrics from im sorry and infused them with industrialstrength drama. Is it too late to say im sorry . Is it too late now to say sorry . Yeah, i know. I let you down. Its too late to say im sorry. Im sorry, yeah. Yeah, i know i let you down. Is it too late to say im sorry . Kennedy now lets see the actual music video. I love it so much. Do you know joni loves chachi was the top show in south korea. Thats not true. Topic 5. You are just about to thank me for being a friend. I know you harbor a deep and naughty fetish for all the golden girls especially betty white and bea arthur. But what missing from your mental trunk is the layer to the theme song. Meet finally aaron and you are welcome. Thank you for being a friend from the bottom i hear you oohh. No, no, no, no, no the biggest thank you for being my friend kennedy you are so welcome. The whole time i thought the braids were real. I cant wait to see what he does with the theme from matlock. Hes all right hes all right hes all right if you have weird stories you want to see in the topical storm. Tweet me kennedynation. The sport illustrated swimsuit edition includes a plussize model. [bassist] two late nights in tucson. Blew an amp. But good nights. Sure,musics why we do this,but its still our business. We spend days booking gigs, then weve gotta put in the miles to get there. But its not without its perks. Like seeing our album sales go through the roof enough to finally start paying megs little brother i mean,our new tour managerwith real,actual money. We run on quickbooks. Thats how we own it. Kennedy im not celebrating anything untoward. Im celebrating you. Hillarys stump speeches are getting weirder. She is in nevada and she told a rally about a political ad from arkansas where a dog was trained to bark every time someone lied. Now she would like to sick that dog on republicans. We need to get that dog and follow them around and when she they say things like the Great Depression was caused by too much government action. Woof, woof. If hillary were followed around by truthsniffing dogs, what would her speeches sounds like . Like her speech was held at the spca. Kennedy aarf, aarf. I hate Hillary Clinton for doing it. Kennedy this is not an accident. This is a prewritten speech. She wasnt responding to an intrepid questioner. The bark is a great analogy. I hope the bark is spontaneous. Kennedy she is the ron burgundy of the trail. Do you think she was just aarf, aarf. I want to know what kind of dog she was imitating. Sounds like my chihuahua. Kennedy she is going after the latino vote in nevada. You dont go to war with a candidate you want, you go to war with a candidate you have. Kennedy are we making fun of her because of sexism . Considering how some people feel about her, shes probably barking like a female dog. Kennedy take it out of your speech. Sportsports isports illustrateg a plussize model on the cover. Are they brave . If they are really brave they would put garera on the cover. In the age of us putting people on the cover is a great thing. I dont know that thats bravery. Its great that they have three different covers. But i would be hoping we are promoting healthy lifestyles. Some women are far too skinny. Kennedy how about a nude lena dunham. The on thing worse than Hillary Clinton barking, you found it. Suddenly they are doing multiple covers . If you are going to put a plus size model on the cover, only do that. I mean, to me this is just like its having your take and eating it, too. Which is the great part about being a plus size model. Kennedy so you celebrate her curves . I dont know many guys who like stick thin models. This is appealing to men for the most part. I dont think any of us are running out to buy the Sports Illustrated cover. You said any of us and im sitting right here. You, too, andy. Kennedy do you subscribe . They stopped putting it in the brown paper wrapper so i stopped subscribing. Kennedy like the night train. I think guys dig this stuff. They said the same thing most women dont look like that. She is a model. She is beautiful. Speak of full figure. Taylor swift won album of the year at last nights grammys and used the opportunity to snub kanye west. There will be people along the way who will try to undercut your success or take credit for your accomplishments or your fame. Kennedy but dont let them. She didnt mention him by name but the brushoff was likely in response to one of his lyrics implying he made her famous and could probably seduce her. Kanye, were you happy for taytay . I do. I wonder how she feels today with kanye 53 million in debt supposedly. I like taylor swift. I think she is a good role model for lots of young women. Talking about hard work. Thats a good thing. Kennedy bryan adams should have won album of the year. Ryan adams is a much better arranger. Good at her for taking a shot at kanyes dumb lyric that she didnt deserve to win. Kennedy i love it when you talk straight. Butterfly was such a better album. Kennedy kendrick lamar. What do you think . Neil foster likes the Dave Matthews band. Im a fan. Which kennedy Dave Matthews . Kennedy unfortunately we are out of time. Coming up, eagles of death metal are playing again in paris after the horrific attack at their concert. The lead singer has a unique view on gun laws. Pet moments are beautiful, unless you have allergies. Then your eyes may see it differently. Only flonase is approved to relieve both itchy, watery eyes and congestion. No other nasal allergy spray can say that. 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Kennedy there are wake of antonin scalias death Mitch Mcconnell says the senate will refuse to confirm president obamas nominee. Joining me is the author of the book why overalled. Welcome back, damon. Its showdown of three branches. It seems like there could be longlasting impacts from Justice Scalias death. Not just his absence on the court, but the political ramifications of what do you see being the longer term impact . Scalia was a giant of american law. His influence as a legal conservative his voice on the second and fourth amendment. Thats a major loss to the courts, however you felt about him. Politically, this is a legal political firestorm. You have the Senate Republicans saying they are refusing to support Barack Obamas pick to replace him. Obama wants to replace a conservative with a liberal justice. Obama has every reason to want to do that and the republicans have every reason to want to stop him. Kennedy within hours of his passing both sides were jockying for position. So obama could nominate someone and then republicans could just vote of against it. The constitution gives the president the authority to nominate officers to high office. But the senate is vested understood the constitution to give advice and consent. Its not a rubber stamp and it can run down the clock. It can drag its feet. We have seen this before. The scope of this fight is sort of unprecedented. But the tactics that will be employed, the delay, dont bring to it a vote fil filibuster, wee seen from it both sides. We still talk about the Supreme Court justices being bourkeed. Ronald reaganed nominee was thwarted by senate democrats. But obama could use a recess appointment. Thats possible. The Supreme Court narrowed the scope of the president s recess appointments. What the court said, that was Stephen Breyer who wrote that opinion. The senate this session with it says sit unless session and obama said its not in session when i think it not in session. His power is a little limited to do that. That would ex fire when the vacancy ends. So when we have a dual live appointed nominated and confirmed justice to replace that recess appointment. Kennedy lets talk about the absence of scalias influence on the court. He was he claimed to be an originalist. For libertarians who watch this show and for whom liberty is the highest ideal, how important is originalism. If you look at the original meaning of the constitution its a fairly libertarian document in a lot of ways. It places a lot of limits on what the government can do and it recognizes individual rights. Those are restrictions on government power meant to protect the individual against the state, against the federal and state governments. A Supreme Court that enforces those provisions, thats a Supreme Court libertarians can get behind. Kennedy house the most libertarian justice . Clarence thomas on property rights, the commerce clause, the 14th amendment. But justice is Anthony Kennedy has a libertarian mix. Hes not libertarian across the board. He votes for gun rights and gay rights. Kennedy you are one of the first people thought about when i heard of justice scalia. The eagles of death metal are back in pair race. Their lead singer has an opinion on gun control. ® has solutions to enable Global Commerce that can help your company grow steadily and quickly. Great job. mandarin cut it out. See you tomorrow. I use whats already inside me to reach my goals. So i liked when my doctor told me i may reach my blood sugar and a1c goals by activating whats within me. With onceweekly trulicity. Trulicity is not insulin. It helps activate my body to do what its supposed to do release its own insulin. Trulicity responds when my blood sugar rises. I take it once a week, and it works 24 7. 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If you want help improving your a1c and blood sugar numbers with a noninsulin option, ask your doctor about onceweekly trulicity. And click to activate your within. Kennedy the california band eagles of death band was thrust into the spotlight when people at their concert were murdered. You would think they would take some time off. But not so when the front man is jesse hughes. He trowrnd paris and talked about gun control in the wake of such senseless death. I think it upon way my mind mind has been changed is that maybe until nobody has guns, everybody has to have them. I dont want to see anything like this happen again. I want everyone to have the best chance to live. I saw people die that maybe could have lived. I dont know, but i wish i knew for sure if they could have had a better chance. Kennedy that takes king size courage to come out and talk like that. In spite of paris hash and sense list gun bans, the region is silly with bea weapons. God bless jesse for standing up for his convictions that hes all too qualified to discuss. Tomorrow night jedediah and judge napolitano joins me on what should than with the Supreme Court vacancy created by judge scalias death. Maybe she was a spy. Maybe. It becomes his sons strange inheritance. It is quite a stunning piece to look at. Can he decode its past and unlock a fortune . Its the equivalent for us, as americans of owning something that may have been there with george washington. Wow. Wow is right. A small town, an ancient emperor, and a puzzle. It was a threeweek auction, and nothing happened. Nothing . No bids . Youre thinking that my gosh. This is terrible. Oh, its all out the window