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. 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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 y