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tv   Americas News HQ  FOX News  February 14, 2016 9:00am-9:31am PST

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it. and in the middle of this campaign, next week we'll have the south carolina results the night before we compton air. wouldle' be back next sunday morning with the latest buzz. we start with a fox news alert. our nation continues to mourn the loss of an american legal giant, an independent, intellectual force suddenly absent now from the supreme court. as we have been reporting justice antonin scalia's passing at the age of 79, his legacy and meaning being remembered and honored today. the justice was on that hunting trip out west in west texas. he told friends on friday night he wasn't feeling well before going to bed. after not joining them for breakfast yesterday morning, he was found dead in his room, apparently of natural causes. hello, everyone, and welcome again to america's news headquarters i'm eric shawn. >> i'm arthel neville. scalia was the longest-serving
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justice currently on the court serving since he was appointed by president reagan nearly 30 years ago. the passing of the iconic justice is sure to shake up the presidential race in this election year. and we have fox team coverage through doug mckelway standing by at white house. first, supreme court correspond echt shannon bream is live in washington with a look at scalia's legacy. shannon, what kind of justice was antonin scalia? >> reporter: no one had to wonder where they stood with him, whether from the bench or in person. he spoke his mine and never more so than when he was on the losing end of an important case. he was known for fiery dissent filled with flowery language and unmistakable jabs. regarding same sex marriage, he wrote, quote, the world does not logic or inspiration in poetry or in pop philosophy. it demands them in the law.
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the stuff contained in today's opinion has to diminish this court's reputation for clear thinking and sober analysis. in 2013, he said he believed in heaven, hell, god and the devil. when the reporter pushed back he said this, quote, you travel in circles that are so/so removed from mainstream america that you are appalled that anybody would believe in the devil. mankind has believed in the devil for all of history. many more intelligent people than you or me believed in the deal of. in 2009, he said you can be very sophisticated and believe inned go. arthel. >> shannon, now of course the question is what happens now at the supreme court. >> reporter: yeah, scalia's death comes at a time when the court is wrestling with a number of key cases. they have heard arguments on issues of voting rights, affirmative action and whether public school teachers can be forced to join a union. while the writing of the
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opinions have been underway there has been no public release. it's unclear what will happen to those cases. as for the cases yet to be heard, abortion, and contraceptive mandate tied to obama care. if the justices end up in a 4-4 tie the ruling of the lower court remains in fact. it's popp possible chief justice roberts will preside over those cases until scalia's replacement is selected. president obama making it clear he does intend to nominate a successor to replace the justice despite growing republican opposition to that. doug mckelway is live with what we can expect at the white house. >> reporter: the stage is set for another huge fight between the white house and the republican controlled congress. from california, where he is last night the president issued a statement of about the death of justice scalia saying he was a brilliant legal mind and
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larger than life presence on the bench. and then he said this. >> obviously, today is a time to remember justice scalia's legacy. i plan to fulfill my constitutional responsibilities to nominate a successor in due time. there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair appearing and a timely vote. >> but even before those remarks senate majority leader mitch mcconnell stl signalled his intention not to take up any obama nominee to the high court. he said, quote, this vacantsy should not be filled until we have a new president n. a series of tweets and responses to that. massachusetts democratic senator elizabeth warren fired back the constitution does require the white house to send a nominee to the senate for its advice and consent but she added with a dripping sarcasm, quote, i can't fine a clause in the
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constitution that says except when there is a year left in the democratic president. judiciary chairman kmuk grassley agrees with mcconnell saying it's been the practice that supreme court nominees are not nominated and elected during a presidential election year. >> there exists the possibility that he could make a recess appointment. the senate is in recess right now until february 22nd. it has been done in the past, during the eisenhower administration. any nominee would almost certainly be fill busted. ted cruz announced his intention to do. >> does that mean you will phil buster anyone that president obama nominates? >> absolutely. this should be a decision for the people, george. we've got an election. >> even as the flag flies at
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half staff at the white house and at all federal buildings the sudden opening at the high court has begun the central issue of the race for the white house. >> thrusting it into the middle of the campaign. >> the nation honoring and remembering justice scalia in weekend a. makeshift memorial sits at the bottom of the steps of the supreme court, mourners at the nation's capital leaving kamgdss and flowers in the justice's memory. >> the death of the justice leaving a stark vacancy at the court, for how long we are reporting is uncertain. his absence during the current cases could mean there are a number of 4-4 ties without his vote. what does his sudden death mean to the court and to our country? a fox news contributor who knew and worked with justice scalia for 40 years. ambassador, you are the one who
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told him he was confirmed that was a phone call in the kitchen of the hilton hotel in washington in september of 1986. tell us about that phone call. please tell us about that night. >> well, scalia's nomination to the supreme court got a lot less attention than the nomination of william rehnquist to be chief justice. they were nominated essentially at the same time and went through together. rehnquist was a real target of democrats in the senate but he survived and went be to be a great chief justice. scalia, by contrast, the first italian-american to serve on the supreme court. interesting that ronald reagan nominated the first woman before anybody of the italian heritage was nominated. nino was confirmed 19-18. i arranged to call him and tell him the good news that he had been confirmed unanimously by a
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vote of 98-0. there was a silence at the other end and he said who were the two that didn't vote? >> barry goldwater and jay garn, two of the most conservative republicans who had medical issues. he laughed at the irony that he had gotten everybody except those two. i think scalia is the last of the visible, articulate clearly conservative justices ever to get through the senate. >> you know, at one point he indicated he is not conservative because he followed the judicial view and philosophy of originalism. tell us about that. because he said the information -- the constitution is a living constitution. no, no, he went back to the founding father's intent and shaped all of his opinions and dissents based on that. >> i should say to get through with no dissenting votes. others obviously did get through. i think the political commentary
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yacht looks at him and calls him a conservatism. it's not. it is a way of look at the constitution and say those who wrote a clause and those who ratified it had something in mind when they agreed to put it in the constitution. it's that understanding that has to govern how the justices and how the lower courts decide. there can be disagreements but it rejects alternative criteria because otherwise it's just a justice today looking at the black and white words on paper and saying, i can read my own meaning into that. at that point, you cease to be a government of laws or a representative government and you become a al garky of men and women in black robes. >> what does his absence mean for the issues before the court and the issues facing this country, the second amendment, guy rights, abortion and other issues. >> i think it's going to have a profound impact on the presidential election, as it
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should. i'm betting my dollar that nobody gets confirmed this year. that's what happens when you get into contention timetable of a presidential wleks. when justice kennedy was confirmed in 1998 it was only because of the cataclysm of the loss of the bjork nomination which had started in the summer of '87. i don't think there is anybody getting through. i think there are some cases right now that are affectment. there was a lot of attention a few days ago to a stay issued by the court against the epa's coal regulations by a vote of 5-4. that is now 4-4, tied. and that could have profound implications across a wide range of cases. people think of abortion and. so of the social issues. economic issues, second amendment issues, first amendment issues are all going to be affected by the loss of this intellectual giant. >> how about the impact on the election and dealing with that
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as front and center on who could be nominated? >> well, i think it's certainly going to be an issue in the general election. i think debating first principles is what election should be about. i think somebody like ted cruz on the republican side, brilliant lawyer himself, obviously head and shoulders above the others will make it an issue. hillary clinton arc lawyer on her side, will be perfect lee prepared to make it an issue as he will. i think that's good. there is nothing more important than the constitution to debate. >> ambassador john bolton thank you for your remembrances, both professional and personal not just on the justice but someone who was also for so long your friend. >> thank you, eric. >> arthel? >> of course the sudden death of justice scalia is triggering a political ballots in the nation's capitol. joining me now on the phone to talk about this is chris land ow. he is a former law clerk for justice scalia. excuse me. chris, first of all, i'd like to
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get, if i could, your personal recollections of justice scalia, the man, the legal scholar, and the educator. >> he was astonishing on all those fronts. i mean he is one of those people, i think, that comes along once in a generation, if that. and i think those of us who were fortunate enough to clerk for him feel so blessed. he was someone for whom we all had total respect and confidence and just had the chance to talk about these cases with him. he would like to go back to the chambers and really just have the clerks kinds of do a mock debate. and he would kind of referee and jump in and participate. and those kinds of experiences as a young went-something lawyer, it doesn't get any better than that. >> no doubt invaluable, chris. let me move on a little bit. of course as you know, justice
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scalia was appointed by president reagan in 1996. so the constitution of course is the law this land. considering, chris, that in the past 20 years the complexion of this labas has changed in terms of color and culture, should the current day society be factored in when confirming a successor? or what issues or sentiment do you think should be at the forefront when appointing or confirming justice scalia's successor? >> i think what the justice believed in strongly was textualism. he took words very, very seriously. the words of the constitution or the words of a statute. obviously, it is an incredible feat that we are still governed by the same document written by people wearing powder wigs in 1780 with relatively few amendments. that was an enormous source of pride to him. and he took that job incredibly
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seriously. and the constitution has got to be there against all the passing tides and fancies -- it lasts forever. and he took that obligation very serious seriously. was not concerned with being in step with the latest political fashions. those come and go, and the constitution lasts forever. >> i understand that the constitution lasts forever and justice scalia or no one should consider political issues when they are judging from the bench. i ask you, do you think the current way that we live as americans, should that have anything to do with considerations? >> not in interpreting the constitution. i think justice scalia would be the first one to say again that the constitution is what it is. we have political branches to address all of the changes that might be necessary. to meet our current political needs. but the constitution has some
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things that are very specific. some clauses are more open-ended. i think the justices -- that's what gives them the opportunity to do that. but they shouldn't be holding their fingers to the wind and see which way it's blowing. he was completely against that. people say he is conservative. for him, that meant -- conservative meant he had a particular methodology. he was not necessarily looking for a conservative result. he had a way of looking at the constitution that was very much spoke used on what are the words, what do the words mean? that's why he had such an impact as he brought our entire legal culture much more into that way of thinking about these issues than it had been before. >> chris landau, thank you for joining us. i'm so far for your loss. i'm happy that you have ussr such fond memories of justice scalia. >> thank you. as we continue to report on the justice scalia's passing, other news, pope francis bringing a message of hope to
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crime-filled mexico. the holy father is getting ready to deliver an open air mass. he's going to do it in one part of the country hit hardest by the drug dealings and executions there. and nasty hits during last night's debate in south carolina. we'll break down the winners and the losers. diabetes, steady is exciting. only glucerna has carbsteady, clinically proven to help minimize blood sugar spikes. so you stay steady ahead.
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time now for a quick check of the headlines. vettors say it. drifting snow may have led to yesterday's deadly pile up in pennsylvania. three people were killed. dozens more injured. pope francis getting ready to hold an open air mass in a mexico city suburb ridden with crime. the pontiff expected to spread a message of hope and solid erred artd in an area known for drug violence, gang activity and kidnapping. a live look at new york city where it is, 7 degrees, not factoring in the windchill. massive fre ivive freezing air to record low. i looked at my phone earlier.
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it said negative 1 degrees. >> how cold is it? >> that just ain't right. >> it is cold. that's why you are inside. >> yes. >> well, the sparks were flying at last night's republican debate in south carolina where it was really hot. the candidates verbally jousting over everything from immigration to the appointments of the supreme court in the wake of justice antonin scalia's death. things at one point got down right hostile. >> while donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe. i'm proud of what he did. and he has had the gal to go after my brother. >> the world strayed center came down during your brother's reign. remember that. >> in addition to that, marco went on union vision, in spanish, and said he would not rescind president obama's illegal executive am nesty on
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his first day of office. >> i don't know what he said -- he doesn't know what i kaid said on union vision because he doesn't speak spanish ♪ ♪ [ speaking foreign language ] >> donald doesn't disagree with the substance that he supports taxpayer funding for planned parenthood. donald has this weird pattern. when you pint to his own record he screams liar. >> where did i support it. >> if you want to watch the video. >> where did i support it? >> you can see the video. >> where did i support it? >> when we were battling over defunding planned parenthood. >> that's a lot of lying. >> wrig the baseball bats out. we have a reporter from the dale daily caller join us. we saw trump call cruz a liar. he blamed 9/11 on george w. bush and he got booed.
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who won? who stufrd most? >> you are right. it was nasty. i'm not sure there was a clear-cut winner but i think this was donald trump's weakest debate. he seemed rattled when people were booing him. talking about the bush game, lindsey graham, talking about 9/11 and saying george bush didn't keep the country safe because 9/11 happened under his watch. south carolina is a military population. i think george bush is popular there. that's why jeb is bringing him in. i don't think it was smart for donald trump to make that comment. >> do you think it will boomerang on him? >> i think it l. and i think you are going to see candidates use this as a way to attack him. in fact you are already seeing a little bit of that. >> he has been leading so far ahead partly on his support of the military. and for the first time, some think we're seeing a chink in his armor, so to speak in that
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he may have suffered from the debate last night. but, you know, what happens if a week from now, next saturday, you know, that doesn't happen? >> right, i'm reluctant to say this is definitely going to hurt him because how many times have i come on the show and said about something he said that this is it, donald trump has finally crossed the line i.le' reluktd ant to say this is definitely going to hurt him. but i think we will see the other candidates use it. marco rubio jumped in and said that the reason 9/11 happened is because bill clinton didn't go after bin laden. >> what about the speaking spanish? >> yeah. i think -- that was quite the shock. you don't even speak spanish. and then of course cruz comes back to prove that he does a little bit. it was interesting to see what candidates were attacking who. it gives an indication of who everybody sees as their biggest threat.
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obviously, cruz. rubio, they both want to be the top alternative to donald trump and this is -- this immigration debate between the two of them, what w.h.o. is weaker on immigration. it happened again last night. i have got to tell you i was struck how many times ted cruz's rivals were calling him a liar. using the word liar. not just marco rubio. donald trump did it as well. and they bring up what happened in iowa with ben carson, and cruz's campaign was telling people inaccurately that ben carson was going to drop out. saying he is a liar here. he lied about this. they are trying to go after his strength on the fact in a conservatives think they can trust him. i think that's why you saw that word thrown around so much. >> who do you think will come out on top saturday? >> i donald trump is still the man to beat. it is still a race for second. let's see if kasich with add on to what he did in new hampshire. >> wild week a. wild night last night. thanks so much. people all over marking the
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annual go red for women day. next, find out why everyone should take a cue from valentine's day and listen to their hearts year round. sunday house call is up next.
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use caution when driving or operating machinery. most common side-affect is nausea. life as a non-smoker is a whole lot of fun. ask your doctor if chantix is right for you. hello. i'm arthel neville. time now for "sunday housecall." >> i'm eric shawn. joining us is dr. marc siegel, author of the inner pulse. unlock the secret code of sickness and health. >> and dr. david samadi chief of robotic surgery. good to see you both. >> good to see you. >>. happy valentine's day. >> absolutely. valentine's day. we've got the red ties going on. that's a reminder about our heart health. protecting our health. lessons for bothen in and women. dr. siegel, really important. >> go red for women


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