tv This Week With George Stephanopoulos ABC February 14, 2016 9:00am-10:00am EST
starting right now on "this week" with george stephanopoulos. battle for the bench. justice antonin scalia, conservative legend, dice at 79. the fight to fill his seat already under way. >> i plan to nominate a successor. >> it's up to mitch mcconnell and everybody else to stop it. it's called delay, delay, delay. >> as both sides dig in, will the presidential election become a referendum on the court. plus, trump targeted in the nastiest debate yet. the billionaire businessman under fire. >> i am sick and tired of him going after my family. >> and, firing back. >> it's a price pal.
>> this morning, trump, cruz, rubio, kasich, all here live. from abc news, it's "this week." here now, chief anchor george stephanopoulos. >> the news that supreme court scalia has died swept across the country saturday afternoon. his powerful pen made him a pillar of the conservative movement. his death leaves a divided court for a divided country. sets up an epic battle for a successor and strikes at the heart of this already chaotic presidential campaign. we'll hear from the candidates this morning, break down what his death means for the court and the country. we begin with pierre thomas. good morning. >> reporter: good norng, george. flags here at the supreme court and across the nation at half staff as the court mourns the loss of justice scalia. his death had has enormous legal
he apparently died in his sleep on a quail hunting trip. his body was discovered after he failed the appear for a breakfast gathering. u.s. marshals came to the scene. law enforcement officials say there appears to be no foul play. the longest serving justice on the court, he was appointed by ronald ragen in 1986. an astute legal mind, he became a champion of conservative causes. president obama called scalia's son to offer condolences and interrupted a trip to california to address the nation. >> he influenced a generation of judges, lawyers, and students. and pro foundly shaped the legal landscape. >> reporter: his body has arrived in el paso. no word on memorial services. tributes will likely come. all of official washington stunned. george? >> pierre thomas at the court. thank you.
who comes next. the president promised to name a successor. republicans vowed to block his choice. >> reporter: the battle lines on this were drawn before the supreme court officially confirmed that scalia had died, setting up a titanic fight here in washington and on the campaign trail. news of justice ka lea's death struck washington like a thunder bolt. in an unprecedented move, mitch mcconnell immediately released a statement saying this vacancy should not be filled until we have a new president. when president obama came before the cameras to mark scalia's passing, he made it clear he would not be taking mcconnell's advice. >> i plan to fulfill my constitutional responsibilities to nominate a successor in due time. >> reporter: at the debate in south carolina last night, republican kantds hoping to replace obama called on congress to block the president. >> i think it's up to mitch mcconnell and everybody else to
it's called delay, delay, delay. >> we're not going the give up the u.s. supreme court for a generation by allowing barack obama to make one more liberal appointee. >> someone on this stage will get to choose the balance of the next supreme court. >> we ought to let the people -- >> reporter: none of that will deter president obama. the short list of people includes circuit court judges sri srinivasan and kelly. he's somebody that republicans like. he was a clerk for justice sandra day o'connor. he was confirmed 97 0 for his current post. that is a far cry from confirming him to replace scalia. >> unlikely to make much difference in a future vote. jon, this sets up the prospect
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 5-4. 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 court's decision simply stands. >> huge impact. thank you, jon karl. now to the gop debate last night. it started with a moment of silence. quickly became the nastiest of the campaign. mar mary bruce was there. >> you're probably worse than jeb bush. >> that is absolutely false. >> he's lying about all sorts of things. >> this is just nuts. >> reporter: with just one week until the south carolina primary. >> god bless the great state of south carolina. >> reporter: the republican candidates ripped each other to shreds.
up to its reputation. donald trump took on jeb bush. >> jeb is so wrong. [ crowd booing ] that's jeb's special interests and lobbiests talking. >> reporter: bush punched back, seeming to get under trump's skin. >> this is the standard operating procedure to disparage me. you want to talk about weakness, it's weak to disparage women? it's weak to disparage hispanics. i'm sick and tired of him going after my family. while dounld trump was building a reality tv show, my brother was buildinging a security apparatus to keep us safe. i'll proud of what he did. >> the world trade center came down during your brother's rain. remember at the. they lied. they said there were weapons of mass destruction. there were none. >> reporter: ted cruz and marco rubio spard over immigration in english and spanish. >> marco went on univision and
president obama's illegal executive amnesty. >> i don't know how he knows what i said on univision because he doesn't speak spanish. [ speaking spanish ] >> reporter: and george, the candidates are pulling out all the stops here. tomorrow, former president george w. bush making the first stop for his brother. after last night, joking donald trump is no longer invited. after the debate, they didn't even shake hands. >> let's get to the candidates. starting with senator ted cruz. thank you for joining us this morning. let's begin with that news about justice scalia. you said that president obama should wait to name a successor. ronald reagan nominated antony kennedy with 13 months left in his term. president obama has more than ten months left.
nominate the justice and the senate's responsibility to give that nominee an up or down vote? >> the senate has not confirmed a nominee named in a final year in election year in 80 years. this is a lame duck president. the only reason anthony kennedy was name that late was because democrats in the senate rejected two other nom northeast. robert bork, and doug ginsburg. right now, the court is ex exquisitely balanced. as ronald reagan was to the presidency, so justice scalia was to the court. this is a 5-4 court. this next election needs to be a referendum on the court. the people need to decide. i'm glad the senate is agreeing
we should not allow a lame duck president to capture the supreme court in the waning months of his presidency. >> does that mean you're going to filibuster anyone, anyone that the president nominates? >> absolutely. this should be a decision for the people, george. we have an election. democrats, i cannot wait. to stand on that stage with hillary clinton or with bernie sanders and take the case to the people. what vision of the court do you want? let the election decide. if the democrats want to replace in nominee, they need to win the election. i don't think the american people want a court that will strip our religious liberties. one that will mandate unlimited abortion on demand with taxpayer funding. i don't think the american people want a court that will write the second amendment out of the constitution. all of those are 5-4 issues hanging in the balance. >> but the people elected
>> they did. but -- but -- that -- that was three years ago. and elections have consequences. the people gave us a republican senate this last election because they were fed up with barack obama's lawlessness. but justice scalia's passing has a profound impact on this primary. it underscores the stakes for the people in south carolina. they're asking, who can i trust? who do i know will defend the constitution and defend the bill of rights? the pattern we have seen, you're a verdict reason of these battles. democrats understand the stakes. they fight tooth and nail for left wing ju durable activists. far too many republicans don't care about the court. don't invest political capital in it. it's why so many republican nominees have turned out to be disasters the. let me say something to the veterans in the state of south carolina. to the veterans in sking is, your second amendment rights are
justice scalia's one of his biggest decisions, 5-4, the heller decision. the right to keep and bear arms. if a liberal justice goes to the court, we're one vote away from the second amendment being written out. if donald trump becomes the president, the second amendment will be written out. he's not a conservative. he'll not invest the capital to confirm a conservative. >> he says he will. >> the second amendment will go away. >> he says you're wrong. he says he will. he says your judgment should be questioned because you supported john roberts. >> listen, number one, i did not appoint john roberts. george w. bush did. once the president made the nomination, i supported it. that would have been a mistake. you have to look at donald trump's history. this is a man who, for four
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 he's suggested that would make a good justice is his sister, who is a court of appeals judge appointed by bill clinton. she's a hard-core pro abortion liberal judge. he said she would make a terrific justice. >> he's said there would be a conflict of interest and would not appoint her. >> but it gives you an example of the type of people he would be looking to. the type of people he would be looking to. donald trump is not a conservative. for his entire life, he's been self-described very, very pro choice. he's supported partial-birth
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 don't think so. i don't think conservatives in south carolina think so either. >> i have never seen you unload on donald trump like you have in the last couple of minutes. are you concerned that if he wins south carolina he can't be stopped? >> what i'm concerned about, balance. i've devoted my entire life to fighting for the constitution and the bill of rights. the heller decision, i represented 31 states. we talked about abortion restrictions. i represented a coalition of states defending the ban of partial-birth abortion. we won that case, 5-4. i don't want to see our
my daughters, caroline and katherine are 7 and 5. i don't want to have to look at them and say, the free comes to america has had for two centuries, you don't get. justice scalia's 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 we're talking about losing our basic liberties if we get this wrong. and it's why i have so much faith in the people of south carolina, that that -- that they value liberty, the constitution. one final point, we're also choosing a commander in chief. this is a dangerous world. it doesn't make stoens appoint ense to appoint someone as xhef who doesn't understand the nape of our enemies. last night, donald trump defended his calling for george w. bush to be impeached. those where the views of the fever swamps of the left.
he's supporting john kerry and bush. >> you put a lot on the table. morning. >> thank you for having me. >> let's take that right to donald trump. he joins us now by phone. mr. trump, you just heard senator cruz right there. he says you're part of the fevered swamps of the left. >> well, that's absolutely false. and this country's made a lot of mistakes. the war in iraq was within of one of them. a guy like cruz wouldn't understand a mistake. he stands on the senate floor, he has no support from one senator. no endorsements. he's a lone wolf. he'll get nothing done. he's not a leader. never employed anybody. never created a job. this is the wrong guy. and he's nasty guy. no matter how you figure it. what he did to ben carson was
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 he's 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 didn't 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 bush's 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. you remember that fiasco. he was gone by the time he started. when he announced, he was practically gone. he couldn't answer whether iraq
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. i'll tell you, you go back to 2003, 2004, i'm the only one who said don't go into iraq. you'll destabilize the middle east. i was against the war even though i'm the most mill itaristic person there is. i said, don't go into the war. you'll destabilize the entire middle east. that's w457d. that's why we have the migration and all of the other problems we have right now in the middle east. >> in 2008, you said impeachment would be a wonderful thing. on tape.
>> 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? lies. >> what evidence do you have lied? i'll ask the question again. do you still believe that impeachment would be a wonderful thing? >> i don't even think about it. it's 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 i'll tell you what, it was a horrible mistake. we spent $2 trillion on the war and we have nothing. you know what's happening now? iran is taking over iraq where the second largest oil reserves in the world -- when we got out, i said on your show and many others, don't leave. keep the oil.
isis has the oil. iran will have the oil. the oil and the value and the tremendous wealth fueled isis. i said recently, bomb the oil. not recently, over the last three year. bomb the oil. don't 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 he's not a leader. >> let's turn to the supreme court. you heard senator cruz say you can't be trusted to make a pick. he cited your praise of your sister saying she would be a phenomenal supreme court justice. >> i said it jokingly. my sister is a brilliant person. known as a brilliant person. obviously, a conflict. i said, oh, how about my sister, kiddingly. she has didn't viewing than me. ing s --
somebody like diane sykes from wisconsin would be good. my sister would not be the right person. it's 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 bush and cruz pushed justice john roberts and now we have justice john roberts. what happened is, he -- twice, could have ended obamacare and didn't. cruz shouldn't be talking. that was among the worst
weobamacare because of jeb bush, ted cruz, george bush. >> they seemed to be piling on you last night. you think this is all happening because the other republicans have figured out if you win south carolina you may not be stopped? >> the reason it happens is because i'm self-funding. putting up my own money. i built a tremendous business. i'm going to do what is right for the people of the country. in that room were many people that i know very well. they're all lobbyists and special interests. they gave a lot of money to jeb bush. this guy's wasted $140 million. he spent $43 million in new 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, i'll tell you what, the republicans are in trouble. and they'll never bead hillary clinton. i'm the only one that will beat hillary clinton. believe me. they'll never beat hillary clinton. >> mr. trump, thank you for your time this morning.
thank you very much. and we have much more ahead. senator marco rubio and john kasich will join us. "the roundtable" as well. antonin scalia. during its first year, a humpback calf and its mother are almost inseparable. she lifts her calf to its first breath of air, then protects it on the long journey to their feeding grounds. one of the most important things you can do is help the next generation. at pacific life, we offer financial solutions to accomplish just that. ask a financial advisor about pacific life.
i was not aware of how much acidity was in my diet... that it was damaging the enamel. i wanted to fix it right away. my dentist recommended pronamel. he said pronamel can make my teeth stronger. pronamel is helping me lead p the life that i want to live. hey, remember the game when i set the rookie passing record? i mean, you only mentioned what, 50 times... how about when i had three events in one night? well, i' ve been working on my new superhero move all day! we' re non stop, we' ve gotta have our extra protein. oikos triple zero greek non fat yogurt has 15 grams of protein. zero added sugar, zero artificial sweetener and zero fat. and zero holding me back!
do you think as governor kasich suggested that you might be hurting each other and helping the democrats? >> sure. i said that before. i always try to avoid that sort of engagement. it got me in trouble a few weeks ago. i had a bad moment because i chose not to go after governor christie. it's kind of a catch 2 2. in the end, i'm not running against the republicans. i'm running because i want to be president of the united states. if you're attacked, it's spornt to respond. so if i'm attacked at debate, i'm 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, he's not told the truth about my position on planned parenthood. marriage. the truth about immigration. these things have to be clarified. they need the be addressed. >> he said earlier this morning he would filibuster any choice president obama made.
>> yeah, but he won't have to because mitch manager konl has made i had clear we're not going to mover forward until that's 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 shouldn't move forward on it until after the election. we'll have an election in november. one of the key -- i'm sorry. >> so if you're elected president, will you promise not the make an appointment in your final year? >> i'm not saying the president can't do it. i'm saying we're not moving forward on it in the senate. >> he shouldn't? >> he shouldn't. he has the legal right to do it. as president, i would recognize the precedent. in the last 80 years, in the last year of a president's term, there should not be an appointee
this will be an issue. the voters will choose a new president, who i believe will be me, should then fill that vacancy for a lifetime appointment to the supreme court. >> donald trump says he doesn't think about impeachment of george bush anymore. he's not backing off the comments he made last night about president bush lying about weapons of mass destruction in iraq. given those statements, is donald trump still a nominee you could support if he's chosen for the nomination? >> would have hoped he would have repudiated those comments last night. his unwillingness to walk away is disturbing. nominee. i'm going to be the anymore to nominee. i don't think george w. bush lied. he worked from the information given to him. it turned out not the be accurate information.
lie. a lie is when you know what's different. >> i know you hope to defeat donald trump. my question is, will you support him if he's the nominee? >> i'm going to support the republican nominee. i know the republican nominee is going to be someone who holds views like mine. i don't share all the views that donald trump has. i think ultimately, he won't be the republican nominee. the republican nominee, no matter who sit on the stage lrks be a better choice than bernie sanders or hillary clinton. >> thank you for joining us. >> thanks, george. governor john kasich joins us now. thank you for joining us. quite a night last night. it doesn't sound like anybody will take your suggestion to 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 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 don't get my fuel from the negative side. i don't disagree with rubio. if you're going to be attacked, you have to defend yourself. you know. but i want to climb out of that as quickly as i can and tell people what i'm for, rather than spend my time prolonging a back and forth in dae bait. by the way i think the debates are ridiculous. this is not a way to pick a president. if you want to pick a president, come to a town hall. watch an interaction between a candidate and the public for 30 minutes or 40 minutes. this whole business of who has the best sound bite, who had the most clever thing they said. it's silly, george. i don't think harry truman could become president through this
with it. >> let's talk about who you're for for the supreme court. appoint? and do you agree with senator cruz and donald trump on the roberts? >> no, i'm not here to criticize john roberts. look, i've picked well over 100 judges to the court in ohio. i have even picked a -- ohio supreme court justice. she's turned out to be a great justice. i would look for a conservative. somebody who doesn't make law. but somebody who will interpret the law. somebody who is above reproach. what is their record? their history. that's how i've done it in my state. so, you know this is not an unfamiliar process to me. so, obviously, it would be somebody who is a constitutionalist and not interested in making law. the president will send somebody. the senate will do nothing. you're going to have a
people will in a very unusual way, indirectly sort of pick the next judge of -- justice of the supreme court. it's pretty interesting. >> it is pretty interesting. this sounds like a new rule now. a rule that a president can't pick a supreme court justice in his or her final year? >> george, you know how polarized everything is. i don't want to see more fighting and recrimination which is what we're going to see. let's face up to this. we are very divided between president obama and the congress. and it's -- you know, and look. when you have that kind of division, it's really hard to get things done. if i were president of the united states, you know, and i could keep the congress together, of course i would send somebody. it would probably be a different situation. right now, just looking at it. it's one of the reasons i'm running for president. republicans and democrats in
but the divisions are real. so let's just wait for an election, move beyond it, then whoever we pick as a justice gets confirmed will have broad consensus across the country. you can start the healing process process. >> divisions are real inside your party by looking at the stage last night. this nomination will take a long time, won't 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, i'm really happy about daddy doing so well. but when's he coming home? and, i'm actually going home for valentine's day. but it's going to take a long time. i'm headed to michigan tomorrow. i -- i know we're going to be back here in south carolina. we're, you know, preparing all across the country. i think it will take a long time, george. and it's 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
>> thank you, george. up next, we'll 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 omega-3s. but the omega-3s in fish oil differ from megared krill oil. unlike fish oil, megared is easily absorbed by your body. megared. the difference is
how was your commute? good. yours? good. xerox real time analytics make transit systems run more smoothly... and morning chitchat... less interesting. transportation can work better. with xerox. thank you for calling. we'll 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? i'm here! customer care can work better. with xerox.
bernie sanders is up next. plus our powerhouse rbt rth. we'll hear from some of the people who knew justice scalia so well on his life and legacy. handle during winter. 90 stressful days juggling hectic schedules. over 40 meals of heavy comfort foods like baked mac & cheese. no wonder after all that our digestive systems can act up. so try the activia two week challenge! enjoying activia twice a day for two weeks may help reduce the frequency of bloating, gas,
i have asthma... ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine, i talked to my doctor and found a missing piece once-daily breo prevents asthma symptoms. breo is for adults on a long-term asthma control medicine, breo won't replace a rescue inhaler for sudden breathing problems. breo opens up airways to help improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse. ask your doctor if 24-hour breo could be a missing piece for
barack obama is president of the united states until january 20, 2017. that is a fact, my friends. whether the republicans like it or not. >> hillary clinton weighing in on the battle to scalia. just after the news broke, martha raddatz sat down with bernie sanders and started off by asking him about the republican plan to block nm nooes. >> i don't think mitch mcconnell has it right. the constitution is clear. it's the job of the president of the united states to appoint, nominate members to the supreme court and the senate confirms. president obama, in my view, should make that nomination. i hope he does it as soon as possible. i hope that the senate confirms and begins deliberations as soon
>> do you imagine that will happen? >> i surely hope so. i just don't think it looks good that for very overtly political reasons that the republicans would deny this president the right to exercise his constitutional responsibility, which is to appoint members to the supreme court. i don't think the public would look kindly on republican actions to try to thwart what he's supposed to be able to do. >> what would you like for in a nominee? >> one litmus test. tests. i think the campaign fitness system today is so corrupt adds a result of the disastrous citizens united supreme court decision of six years ago that i would never nominate anybody to the supreme court who is not prepared to overturn that disastrous decision, which is allowing billionaires to buy
undermining american democracy. >> thank you to martha and senator sanders. schumer of new york. committee. let's look at the math. senator cruz says he'll filibuster. mitch mcconnell says it's not going to happen. you only have 46 votes in the senate. there's 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 don't hold hearings? the president shouldn't nominate cabinet ministers? it certainly shouldn't mean that the republicans appeal obamacare in the fourth year.
>> you know it won't happen. >> i'm not sure that's true. the kind of obstructionism mitch mcconnell is talking about. he's hearkening back to his old days. he said recently, i want regular order. after 2010, he said my number one job is to defeat barack obama without knowing what barack obama is going to propose. he says no, we're not having hearings. to leave the supreme court vacant for 300 days at a divided time. this kind of obstructionism won't last. we democrats didn't do this. we voted 97-0 for justice kennedy in the last year of president reagan's term. >> after voting down two others. >> yes. but we had hearings. many of the main stream republicans, when the president nominates a main stream nominee will not want to follow mch manager konl over the cliff. >> you think the president
send something he thinks could credibly get republican support? rather than someone who would send a powerful message about the direction he wants to send the court in? >> i don't think the american people like the obstruction. that won't fly. a lot of the main stream republicans may say, i may not follow this. second, i think the president, past his prolog, will nominate someone who is main stream. >> is that a suggestion? >> no suggestion. his nominees in the past have got. republican votes. >> okay, senator schumer. thank you for joining us. >> thank you. we'll be right back with
and we have so much to talk about this morning. let's bring in now matt dowd, our plate call analyst along with cokie roberts and bill kristol. matt, let's start with you. this may be one of the biggest surprises yet? >> absolutely. we have talked for almost 4 hours. it throws a huge wrench into the entire system. not just washington, d.c., where they'll have to decide what to do. but the entire presidential campaign pip think the republicans have made a mistake in the reaction to the -- the initial reaction to it. i think a better tack would have
a constitutional duty to nominate somebody to the supreme court. and the u.s. senate has a duty to decide if they approve that person. the senate may not approve that person. they shouldn't say the president shouldn't nominate. i think the tack should be, the president has a duty. he should nominate. the republicans have a duty to decide what they want to do. >> does matt have a point? >> not really. it's such terrible news about nino scalia. such a giant of the supreme court. a conservative hero. i knew him reasonablebly y well. a wonderful man. the democrats defeated bob bork. when miguel estrada was nominated iffer the d.c. circuit court, there was a filibuster. they knew he might be in line to be supreme court nominee.
make mitch mcconnell should have been more coy. the president is entitled to nominate whoever he wants. the republicans need to explain why we do not want the supreme court going in the direction of president obama wants it going in. >> the senate debate will be a bit of kabuki thit eater right now. meantime, this makes the supreme court, right at the center of the presidential campaign, it could be one of the first time ever. >> absolutely. it really raises the stakes in the presidential campaign, george. it focuses the mind. people realize, wait, we're voting for someone who could name a justice that will be there for decades. keep in mind, gerry ford was the president of the united states for 1/2 years. john paul stevens, his nominee, was on the supreme court for decades afterwards.
appointee. you have a very important message sent to the voters. whoever you vote for will have an effect for many years to come. one of the effects of that will be that the question of electability becomes much more important in the voters' minds. that has been hillary clinton's 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 candidate's benefit on the republican side? >> i think when the supreme court nominations, which i agree, will be part of the conversation, it really is a conversation that goes on with the very left and very right. most of middle america will look at it and not get the whole electable and who is not. i have to say, and the electability concern that if
right now, bernie sanders is more electable than hillary clinton. he has a higher favorability rating. he won the new hampshire primary by 22 points. if hillary clinton continues to pursue the electability argument on her side, it's problematic to bernie sanders. the only time in the debate last night, where there seemed to be agreement, was lauding justice scalia in the course of this and paying homage to this and saying we want to put a conservative on the court. that was the only consistency. after that, it deinvolve involve volved into something -- >> food fight. >> does it make the debate on the republican side more serious? help any particular candidate? >> yes, look two things a president does that he does uniquely.
commander in chief. health care, education policy, tax policy, congress plays a huge role. the republican debates will focus on who will put good judges on the supreme court. who has the knowledge. the temperament. the background. where voters can be confident that they'll get good conservative constitutional judges. and the commander in chief issue, which donald trump raised squarely last night by saying that george bush knowingly lied us into the war in iraq. it's one thing to say that the war was a mistake. knowingly lied us into war in iraq. i believe donald trump's candidacy -- i said this before and i've been wrong. i believer last night could be a moment where enough is enough. trump's interesting. he's saying things i like. he's sticking it to the politicians politicians. hopefully, people will focus on
of the united states? >> those have imperiled people before. >> what you're seeing here in south carolina is an awful lot of ads against him. that is something that has not been as prevalent before. whether that makes a difference, just next saturday in the primary, we'll see. last night's debate was remarkable in its childishness rg really. it was basically everybody saying, liar, liar, pants on fire. i'm not sure after the entertainment value of that that voters feel tremendously comfortable seeing those candidates go after each other. >> we'll see george w. bush on the campaign trail tomorrow. really for the first time. what difference does that make in south carolina? >> he's very popular here. he won here and went on the win for president.
transfers to jeb bush. you can have a popular former president. bill clinton went to new hampshire. very popular president. didn't seem to help hillary clinton in the course of the race in new hampshire. i don't know how much impact. it could have impact on the margins. 11 1, 2, 3% possibly. bill may will right. but he's predicted trump's fall along the way. if donald trump, after last night, wins south carolina, and all of the ads, and he wince south carolina after attacking lindsey graham and george w. bush and saying george w. bush lied about the war, if he wins south carolina, how does one stop donald trump? >> that is an excellent question.
when we come back, more on 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 it's a bad idea? persuade them the other way and eliminate it. i have my rules. that confine me. i know what i'm looking for. when i find it, the original leaning of the constitution, i am handcuffed. if i believe that the first amendment meant when it was
burn the american flag, i have to come out that way. even though i don't like to come out that way. though i'm a law and order type, i cannot do all of the mean conservative things i would love to do to this society. you got me. >> justice scalia setting out his philosophy of the constitution. let's talk to guests who know him well. paul clement, clerk for justice scalia. kate shaw, our supreme court analyst. and terry moran. mr. clement, you clerked for justice scalia. how will you remember him? >> just like in that clip. i mean, he really believed in the constitution. he believed that the constitution had to be interpreted in way to restrain the justices so they couldn't impose their own personal policy preferences. he completely changed the way
and handled oral argument. before he came to the court, it was quite common for advocates to make their argument and not get a single question. or at most, a handful. he got there, he started asking questions from day one. even the colleagues who had been there for awhile said, we're not going let the new guy ask all the questions. they got involved. it's fund mentally changed the way the court holds arguments. changed the way the court approaches statutes and constitutional law as well. >> let me ask you quickly. he has such a unique pen. what was it like to write a draft for him? >> we used to joke in the chambers the only reason he asked for drafts from his law clerks was he wasn't quite sure how to format a word perfect document on the xirt. that voice in the opinions, that is all him. he just had a gift. it's changed the way, i think students in law school look at the constitution in the court. because, left or right, most
is pick up the scalia decision. even if it's a dissent. before they read the majority opinion. he was that gifted a writer. >> less impact in moving his justices behind the scenes. >> i think there's no question that he was the intellectual leader. he was not always victorious in advancing his opinions. too extreme. a question of sometimes abrasive style. he didn't always win in particular cases. and nonetheless, he had a law. >> his biggest victory? >> i would think the most memorable victory, a piece of philosophy, the great second amendment triumph in the chicago gun rights case. where justice scalia, writing for a majority said the second
that well regulated militia clause doesn't interfere with arms. that was in keeping with his sense that the federal limited, checked. get back to the original intent. you know, george, a lot of people, in society, have great big grand ideas. very few of them make them as contagious as antonin scalia made his, through his writing, picked. the fights he loved to pick as dahlia put it, he made the founders cool again. and in many ways, his influence goes outside of the law into a whole way of looking at the country we are. >> well said. thank you to all of you. that's all for us today. thank you for sharing part of your sunday with us.
it's going to be a bitterly cold valentine's day in cleveland. if you go outside we have tips to help you brave the elements. less than a day after the death of one of the most influential members of the judicial system the debate over who should replace justice scalia has already begun. first a live look outside of downtown cleveland. kind of overcast skies, but it is going to be cold everywhere you go. hello, everyone. we start this sunday edition of "good morning cleveland" with breaking news. at least one person killed in an early morning accident, i- 480 westbound is once again open between ridge and tiedman roads, that was closed more than three hours after crews responded to the fatal crash.