Staff as the court mourns the loss of Justice Scalia. His death had has enormous legal and polotical ramifications. He apparently died in his sleep on a quail hunting trip. His body was discovered after he failed the appear for a breakfastgathering. U. S. Marshals came to the scene. Law enforcement oicials 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 ation. He influenced a generation of judges, lawyers, and students. And pro foundly shaped the legal landscape. Reporter his body has arrived in el paso. Tributes will likely come. All of official washington stunned. 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. Repter the battle lines on this were drawn before the Supreme Court officially confirmed that scalia had died, setting up a titanic fight here washington and on the campaign trail. News of justice ka leas death struck washingtolike a thunder bolt. In an unprecedented move, Mitch Mcconnell immediately released a statement saying this vacancy should notl be filled until we have a new president. When president oba 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 ResponsibilitiesSouth Carolina last night, reblican kantds hoping to replace obama called on congress to blo 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 appointee. Someone on ts 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 kelly. Hes somebody that republicans like. He was a clerk for Justice Sandra day oconnor. He was confirmed 97 0 for his current post. Confirming him to replace scalia. Unlily to make much 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. Quicy became the nastiest of the campaign. Mar mary bruce was there. Youre probably worse tha 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 god bless the great state of South Carolina. Reporter the republican 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 intereststs 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 weaknessss its weak to disparage women . Its weak to disparage hispanics. Im sick and tired of him going after my family. While dounldd trump was building a reality tv show, my brother was buildinging a Security Apparatus to keepp 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. Reporter ted cruz and marco rubio spard over immigration in 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 makakg the first stop for his brother. After l lt 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 shouldld wait to name a successor. Kennedy with 13 months left in his term. 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 next eleion needs to be a referendum on the court. 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 thelection decide. If the democrats wand to replace in nominee, they need to win the election. I dont t ink the American People want a court that will stp our religious liberties. One that will mandate unlimited abortion on demand with taxpayer funding. People want a court that will write the Second Amendment out of the constitution. All of those are 54 issues hangg in the balance. But the people elected president obama, didnt they . They did. But but that that was three years ago. And ections have consequences. The people gave us a Republican Senate this last election because they were fed up with barack obamaslawlessness. But Justice Scalias 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 durablele activists. Far too many republicans dont care about the court. Dont invest Political Capital in it. Its why so many republicaca nominees have turned out to be let me Say Something to the veterans in the state of South Carolina. To t t veterans in sking is, your Second Amendment rights are hanging in the balance. Justice scalias one ofis 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 b bng 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 that would have been a mistake. Trumps history. This is a man who, for four democrats. Jimmy carter over ronl rag. 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. Hegs 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. For his entire life, hes been selfdescribed very, very pro choice. Hes supported partialbih 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 coule of minutes. Are you concerned that if he winSouth 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 helr decision, i represented 31 states. We tked about abortion restrictions. States defending the ban of partialbirth abortion. We won that case, 54. I dodt 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 itwhy 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 appointense to appoint someon as xhef who doesnt understand the nape of our enemies. Defended his calling for george w. Bush to be impeached. Those where the views of the fever swamps of the left. Thats where donald comes om. Hes supporting john kerry and saying lets impeacheorge w. 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 thehe. He says youre part of the fevered swamps of the left. Well, thats absolutely false. Mistakes. The war in iraq was within ofone 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. And hes nasty guy. No matter how you figure it. 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. His pollsters gave him an answer five days late. He was mumbling back and forth. He was gone by the time he started. When he announced, he was practically gone. 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 millitaristic person there is. I said dont go into the war. Youll destabilize the entire middle east. Thats w457d. Thats why we have the migration have right now in the middle east. In 2008, you said impeachment woulul be a wonderful ththg. 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 ll you what, it was a horrible mistake. We spent 2 trillion on the war and we have nothing. You know whats happening now . The second Largest Oil Reserves in the world when we got out, i said on your show and many others, dont leave. Keep the oil. Guess what . Isis has the oil. Ir will have the oil. The oil and the value and the tremendous weal 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. Myister is a brilliant person. Known as a brilliant person. Obviously, a conflict. I said, oh, how about my sister, she has didnt viewing than me. Ings different views than me. Somebody like diane sykes from wisconsin would be good. My sister would not be the righth person. Its a conflict of interest. How will you convince people that your appointees would be 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 bash and cruz pushed Justice John Roberts and now we have Justice John Roberts. What happene is, he twice, didnt. Cruz shouldnt be talking. That was among the worst appointments i have ever seen. Weobamacare because of jeb bush, ted cruz, george bu. 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 hpens 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 and theyll never bead Hillary Clinton. Im the only one that will be Hillary Clinton. Believe me. 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. 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But thats how some president ial candidates seem to be dealing with social security. Americans work hard, and pay into it. So our next president needs a real plan to keep it strong. elephant noise donkey noise hey candidates, answer the call already. And were back now with the debate last night in South Carolina. Thank you for joining us this morning. Thanks, george. 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. Ititot me in trouble a few weeks ago. I had a bad moment b bause i chose not to go after governor christie. Its kind of a catch 22. In the end, im not running against the republicans. Im runni 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. Clarified. They need the be addressed. He said earlier this morning he would filibuster any choice president obama made. 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 itit 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 precedenen last year of a president s term, there should not be an appointee put in place. This will be an sue. The voters will choose a new president , who i bieve will be me, should then fill that vacancy for a lifetime appointment to the Supreme Court. Donaldrump says he doesnt think about impepchment 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. Givenhose statements, is donald trump still aominee 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. I dont think george w. Bush lied. He worked from the information given to him. It turned out not the be accurate informatioio thats unfortunate. That being the case, he didnt lie. A lie is when you know whats true and you Say Somethingg 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,e wont be the republican nominee. The republican nominee, no matter who sit on the stage lrks be a betterr 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 bring down the negative ads. You know what, george. It was like a demolition derby. The good news is my car is still 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 sidede i dont disagree with rubio. If youre going to be attataed, you have to defend yourself. You know. But i want to climb out of that as quickly as i can and telel people w wt im for, rather than spend my te prolonging a back and forth in dae bait. By the way i think t 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. The best sound bite, who had the most cleverhing they said. Its silly, george. I dont think harry truman could become president through this pro sisz. Its what we got, and well deal 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 criticism of chief Justice John Roberts . S . 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 somebody who is a constitutionalist and not interested in making law. The president will send somebody. The senate will do thing. 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 it would probably be a different situation. Right now, just looking at it. Its one of the reasons im running for president. 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. Thth 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 do michigan tomorrow. I i know were going to be back here in South Carolina. Were, you know, preparing all across the country. And its going to be interesting pip hope we can raise it, raise the bar and have a little higher 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 qransit systems run more smoothly. And mornininchitchat. 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. Bernie sanders is up next. Plus our powerhouse rbt rth. Well hear from some of the people who knew Justice Scalia well on his life and legacy. Handle during winter. 90 stressful days juggling hectic schedules. Over 40 als of heavy comfort foods like baked mac cheese. So try the activia two week challenge enjoying activia twice a day for two weeks may help reduce the frequency of bloating, gas, discomfort or rumbling. Try it it works in two weeks or its free. I have asthma. One of many pieces in my life. 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Ask your doctor if 24hour breo could be a missing piece for you. See if youre eligible fofo 12 months free at mybreo. Com. It is outrageou that the campaign trail have already pledged to block any replacement 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 b btle to scalia. Just after the news broke, Martha Raddatz sat down withh Bernie Sanders and started off by asking him about the republican plan to block nm 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 president obama, in my view, should make that nomination. I hope he does it as soon as possible. I hope that the Senate Confirms and begins deliberationss soon as possible. 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 right to exercisis his 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 decision of six years ago that i would never nominate anybody to the Supreme Court who is not prepared to overturn that disastrous decision, which is allowing billionaires to buy elections and which is undermining american democracy. Thank you to martha and setor 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 havee6 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 hold hearings and go through the 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 it certainly shouldnt mean that the republicans appeal obamacare in the fourth year. We go through the process. You k kw 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 sd 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. Many of the mama stream republicans, when the president nominates a main stream nominee will not want to follow mch manager konl over the cliff. F. You think the president should do that. Send somethinge thinks could credibly get republican support . Rather than someone who would send apowerful 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 h h 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. The roundtable. 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 justt washington, d. C. , where theyll have to decide what to do. Campaign pip think the republicans have made a mistak in the reaction to the the initial reaction t it. I think a better tack would have been, listen, the predent has a constitutional duty to nominate somebody to the supreme cwurt. 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 the 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 conkervative hero. I knew him reasonableblyy well. A wonderful man. The democrats defeated bob bork. When Miguel Estrada was court, there was a filibuster. They knew he might be in line to be Supreme Court minee. 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 wh 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 thiteater right now. Meantime, this makes the Supreme Court, right at the center of the president ial campaign, it could be one of the f fst time ever. Absolutely. It really raises the stakes i i 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 for 1 2 years. John paul stevens, his nominee, was on the Supreme Court for decades afterwrwds. Antony scalia, a reagan appointee. You have a very imyortant 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. At it and not get the whole nuance of who is more electable and who is not. 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 Hampshirerimary 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 coursrsof 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 involvevolved into something does it make the debate on the republican side more serious . Help any particular candidate . Yes, look two things a president does that he does uniquely. He nominates jums a a is commander in chief. Health care, e ucation policy, tax policy, Congress Plays a huge role. The Republican Debates will focus o 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 constitutioiol 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. Knowingly lied us into war in iraq. I believe Donald Trumps candidacy i said this before and ive been wrong. I believer last night c cld be a moment where enough is enough. Trumps interesting. Hes sticking it to the politicians 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 ann 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 rererkable in its childishness rg really. It was basically evevebody saying, liar, liar, pants on re. Im not sure after the entertainment value of that tt voters feel tremendously comfortable seeing those candidates go after each other. Well see george w. Bush on the campaign trail tomorrow. What difference does that make in South Carolina . Hes very popular here. He won here and went on the win for prident. 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. It is the question. The l 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. Leaning of the constitution, i am handcuffed. If i believe that the First Amendment meant when it was adopted thatt you are entitled to burn the american flag, i have to come out that way. 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 constitution. Lets talk touests who know him well. Paul clement, clerk for justice alia. Kate shaw, our Supreme Court analyst. And terry moran. Mr. Clement, you clerked for Justice Scalia. How will you remember him . Just like in t tt clip. I mean, he really believed in the constitution. He believed that the constitution had to be the justices so they couldnt impose their own personal policy preferences. 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 st, a handful. He got there, he started asking questions from day one. Even the colleagues who had been there forawhile 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 reasonn 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. Its changed the way, i think students in law school look at the constitution in the court. Because, left or right, most students, the first thing day do is pickp 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 bebend 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 amendment tririph in the chicago gun rights case. 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, inn 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 olooking at the country we are. Well said. Thank you to all of you. Thats all for us today. Ill see you tomorrow on gma. Bipartisan progress on climate change, republican carlos c, rbello teams whip ted doach to find consensus on climate change. He is wiwh us live. This place has had a culture of corruption and a culture of obstruction. For too long. Blowup at broward health. The hospital District Board goes behind closed doors with allegations of corruption. Board chair is live with us today. 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