justice scalia: that is my point. maybe you ought to name courts on the basis of the last president who made nominations to the court. bushis court would be the two court. alito and roberts, the court would have been the clinton court and so forth. that would make a lot more sense. what changes the court, i sure you, is much less the character than theief justice nature of the people appointed. why blame rehnquist for the rehnquist court or roberts for this court? charlie: what is the power of the chief justice? justice scalia: he has the same boat that i do. there is really nothing he can do to make me change my vote if i want to be stubborn. it is like being the dean of a law school. there is nothing you can do with these unmanageable creatures. now, if he is very persuasive, as roberts is, you want to go along with it chief justice -- the chief justice. we are an institution and you want to make the institution work. charlie: is that what you love in the end, the opportunity to go at it and find out where it , wher

thank you, justice scalia. ms. comstock: i thank the gentleman for his remarks and i now yield to my friend the gentlelady from missouri, ms. agner. ms. wagner: thank you, mr. speaker. i want to thank my dear friend and colleague, the gentlewoman from virginia, barbara comestock, for organizing this special order and yielding me this time. mr. speaker, father paul scalia said in his beautiful eulogy of his father, justice antonin scalia, on saturday, we give thanks that jesus brought him to new life and baptism, nourished him with the eucharist and healed him in the confessional. god bless dad -- god blessed dad with a deep catholic faith, the conviction that christ's presence and power continue in the world today through his body, the church. mr. speaker, last week, our country lost one of its most outspoken and dedicated defenders of faith and liberty. for nearly 30 years, supreme court justice antonin scalia stood as a monument to a faith-based viewpoint on the constitution that will be sorely missed. there is n

justice scalia: -- here and there? justice scalia: you know, i am the bete noir. charlie: why do you think that is? you are a pretty nice fella. you have friends across all aisles. you and ruth bader ginsburg are great friends. you are the guy they look and say, he wants to stand in the way, thrwart the forward march of history and justice? that is the way they see you? justice scalia: i think it is simply because of the consistency. charlie: do you take some pride in that? i bet you do. justice scalia: a man who has made no enemies is probably not a good man. charlie: you said to people about bush versus gore, get over it. it decided a presidential election. justice scalia: someone was going to decide it. charlie: you blamed gore because he brought the case. justice scalia: he wanted judges to decide it. so judges decided it. charlie: you have no regrets about that? justice scalia: about that case? it was an easy case. charlie: you stopped the florida court. justice scalia: yes, but on a principal question of whether the florida courts violated the constitution.

justice scalia: justice scalia: what do i like best? i like figuring out the right answer to legal questions, believe it or not. and not everybody does. i think some people have left, become an appellate judge, they find it quite unsatisfying when they get there. you have to have a rather work mind to wantrped to spend your life they bring out the answer to legal questions. it is a very isolated job. -- the only time you see people from the outside is when you are listening to arguments from counsel. other than that, it is very ,isembodied, intellectual work probably most closely resembles the work of a law professor, which is what i was before i was here, so i am no more unhappy than i was before. susan swain: after two decades of doing it, is there any aspect of the job, if you had a choice to pass on to somebody else and avoid? justice scalia: i think undoubtedly, in my mind, the most -- what should i say? onerous and for the most part on interesting part of the job -- on interesting part of the job is an rolling court cases. when i

justice antonin scalia dead at 79. more reaction from colleagues and friends coming up. >> he was the most humble and gracious and non-pretentious person i've ever been around. soup and sandwich and clean and real, and feeling good, sort of. and 500 calories or less. the clean pairings menu. at panera. food as it should be. i am totally blind. i lost my sight in afghanistan. if you're totally blind, you may also be struggling with non-24. calling 844-844-2424. or visit my24info.com. it's gotten squarer. over the years. brighter. bigger. it's gotten thinner. even curvier. but what's next? for all binge watchers. movie geeks. sports freaks. x1 from xfinity will change the way you experience tv. >>> for almost 30 years, justice anti antinin leo scalia had insight, colorful wit and inform ed opinions. he informed a generation of judge, citizens and students. he is going to be remembered as one of the most consequential judges to ever serve on the supreme court. those who knew j antonin scalia say he was a legal mind who wo

justice scalia: justice scalia: what do i like best? i like figuring out the right answer to legal questions, believe it or not. and not everybody does. i think some people who lust to become an appellate judge, they find it quite unsatisfying when they get there. you have to have a rather warped mind to want to spend your life they bring out the answer to legal questions. it is a very isolated job. the only time you see people from the outside is when you are listening to arguments from counsel. other than that, it is very disembodied, intellectual work, probably most closely resembles the work of a law professor, which is what i was before i was here, so i am no more unhappy than i was before. susan swain: after two decades of doing it, is there any aspect of the job, if you had a choice to pass on to somebody else and avoid? justice scalia: i think undoubtedly, in my mind, the most -- what should i say? onerous and for the most part uninteresting part of the job is enrolling court cases. when i first arrived, if i am correct it was s

supreme court justice antonin scalia. in an an hour from now, family and friends will celebrate his life and work here in washington, dc. the funeral service begins 11:00 a.m. eastern, followed by a private burial. the 79-year-old was a leading conservative voice on the supreme court for nearly 30 years. he died suddenly a week ago today, in his sleep at a texas hunting resort. known for his sharp mind and brash demeanor, scalia leaves the supreme court transformed by his intellect, his ideology and his sheer presence. his family life just as extraordinary as his presence on the high court, scalia leaves behind his wife of 55 years, maureen, their nine children, and their 36 grandchildren. one of his sons is a catholic priest, father paul scalia. he will be leading the mass, delivering the homily later this morning. we will also hear a scripture reading from close friend fellow justice clarence thomas who shared his belief that the constitution should be interpreted as those who drafted it. vice president joe biden will b

justice scalia: usually. i think you can usually tell which ones pertain to a major piece of legislation. a majorion that is impact on society. sure. host: does it affect the decision process? justice scalia: not mine. i don't think it does. i put in as much blood, sweat, as tears on the little cases i do on the big ones. if anyone asked me what is the faced, youe you have wouldn't want to know. it was a relatively insignificant case, but it was very hard to figure out. there is no relationship whatsoever between how important it is and how hard it is. host: will you tell me not? -- now? justice scalia: you don't want to know. host: i want to ask you about the role of clerks and what you do. you have had many of them over the years. do stay in touch with them? justice scalia: i do indeed. reunionan annual clerks every year. it is good to see them. it is one of the most enjoyable parts of the job. you work very closely with four young people every year. there are new ones every year. they are full of figure. t

lamb: one of prior justices justice scalia. if a writer did what i just described thed case consisted of this section and it had to be reconciled with this other section he would lose his readership in no time. surprisedt at all that the newspapers tend to evaluate a case simply on the basis of whether the results seems like a good result. that is all the readers interested in. lamb: we prepared for this interview. your people at the publishing house told us they're all kinds of rules of things we couldn't ask you. justice scalia: you can ask anything you want. i just want answered and wanted. brian lamb: i know you don't want to talk about bush versus gore again. let me show you a clip from an interview with piers morgan. you answered everything were not supposed to ask you. piers morgan: what has been the most contentious case? justice scalia: the one that created the most waves of disagreement was bush versus gore. up all the time. my usual response is get over it. lamb: u.n. on to explain further. justice scalia: past cases

justice scalia: the devil makes me do it. [laughter] ginsberg, the next question from josh gibson, a student at the kennedy school. the first amendment is a bit of a grab bag of for -- free expression. did the founders decide against including others? are there others that they or you that you would have wished had been included? justice ginsberg: i was concerned about having a bill of rights. maybe there were some you left out. a statement in the ninth amendment that says -- the enumeration of certain rights shall not be construed to deny or disparage others. one thing we did not ring out before was that the first amendment is the first amendment. the first thing that was on the minds of the framers was not freedom of speech or of the press but rather about not having an established church. the first thing is that no log respecting the establishment of religion. and then the freedom side of it or prohibiting the free exercise there was. the first thing they did not want to have was the church of england. that is kind of a ne

lamb: one of prior justices justice scalia. if a writer did what i just described thed case consisted of this section and it had to be reconciled with this other section he would lose his readership in no time. surprisedt at all that the newspapers tend to evaluate a case simply on the basis of whether the results seems like a good result. that is all the readers interested in. lamb: we prepared for this interview. your people at the publishing house told us they're all kinds of rules of things we couldn't ask you. justice scalia: you can ask anything you want. i just want answered and wanted. brian lamb: i know you don't want to talk about bush versus gore again. let me show you a clip from an interview with piers morgan. you answered everything were not supposed to ask you. piers morgan: what has been the most contentious case? justice scalia: the one that created the most waves of disagreement was bush versus gore. up all the time. my usual response is get over it. lamb: u.n. on to explain further. justice scalia: past cases

he spoke glowingly of justice scalia. we're going to show that you video later because we're waiting for the president. president obama coming out any moment. we'll bring that to you. after that, president bill clinton, who has had his share of nomination battles. we'll show you that, as well. a lot to get to here. linda, as we await the president do you expect him to say anything about justice scalia's opinions? he is a law professor in his own right. >> it would be very presumptuous of me to say what i expect. i really have no idea. >> perry, do you feel presumptuous? >> he night talk about scalia's quality, the way scalia writes. he is known for writing colorful opinions. you can talk about that without necessarily talking about, my understanding is obama disagrees with most of what scalia has written. there is probably a way to talk about his influence on the court. his relationship with ginsburg and so on. i don't presume to know what the president will say. >> i don't presume to know either. i can tell you from past

justice scalia -- justice blackman chronicled everything but justice scalia isn't like that. >> i want to return to his relationship with justice ginsburg. some say it would be harder to fine two justice different. he is italian and robust. justice ginsburg is soft spoken and liberal. tell us about their friendship, though. >> very long-standing friendship. they first met in the '70s. she heard him give a speech but it was an area of administrative law close to scalia's heart and he gave a speech only a law professor could love. but she was a law professor at the time. she disagreed with everything he said but was taken by his style. he is so amusing and as she told the senators after her conformation hearing what is when you and justice scalia and she said he can always make me laugh. she sees him in the late '70s and i think she remembers hearing him give this speech, disagrees on the substance of the speech but was taken by him. and they both end up being appointees to the federal court of appeals in washington. they are both former law professors and exchange writings and are askin

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justice scalia had been texas. when he didn't come down to room was checked and his body was discovered. tonight, chief justice john roberts called scalia, "an extraordinary individual and jurist, admired and trshed by his colleagues." let's bring in our chief legal correspondent jan crawford. jan, no exanlerations to say the ground is shaking in washington. >> reporter: oh, no exaggeration in washington and throughout the country. this is a complete shock. i spoke with people who had lunch with justice scalia just a few days ago when he was up in new york, and they had he was absolutely fine. he was joking. he was jovial. no indication at all that anything was wrong. so this comes as a complete shock. obviously, he's 79 years old, was going to be turning 80. but, you know, he was so full of life. i mean, even on the bench, in his writings. he was just someone that seized life, and you could see it. so this, again, coming as a complete shock. and,sh, the landscape here in washington, the supreme court now in the ba

justice thomas had a close bond with justice scalia. not only did they share the same ideology, but they were also close friends. you could really just see the emotion in their faces, justice ginsburg as well, although she had a different ideology than justice scalia, to put it light lie, they were close. justice sutor was there as well. very emotional out here today. and especially in light of the fact this is someone who spent 30 years on the bench, and this is his last journey here to the high court. >> pamela, i'm curious. it's so cold outside today. 10:30 the doors will open. are there many people waiting? >> there are a lot of people. when the casket arrived across the street there were huge crowds. it was remarkable that you could really hear a pin drop. it was so quiet. on the other end, people have been lining up for more than an hour now. about an hour ago there were about three dozen. that line continues to grow. we expect it to be a long line throughout the day, through 8:00 p.m. tonight when the doors close. in the midst of

we think of justice scalia's conservative fire brand. you say some of his writin and liberals kind of out there watching thinking, oh, my gosh, he must be kind of off the wall but he had very close gins considering and justice kagan. with everybody on the court, he was beloved as a presence. when you think of his presence on the court, not only was he a conservative vote but but hoe provided the key fifth vote. this supreme court is closely divided, five conservative and four liberal justices. with justice scalia's passing, it's going to be 4-4 until the next president or the current president puts a new justice on that supreme court. so the entire balance of this supreme court now is at stake. justice scalia's passing could change the balance of the court. imagine the impact that could have on everyday american life. >> so what do we know, then, about the process of replacing him? how will that unfold? it is going to be remarkably complex and, of course, it unfolds during a presidential campaign. >> you hate to throw around the word "un

justice scalia: i think so. i think anybody who is present in the united states has protections under the united states constitution. americans abroad have that protection. other people abroad do not. they don't have the protections of our constitution. justice ginsburg: when we get to the 14th amendment, it doesn't speak of citizens. some constitutions grant rights to citizens but ours says the person is every person who is here documented or undocumented. marvin: i see. i've a question from david, whom you know. where do you look to decide whether freedom of the press is or is not identical with freedom of speech? i have a feeling that's a loaded question. justice scalia: i have never thought that it was anything except identical. i cannot imagine that you can limit some things that can be spoken but cannot limit things that can be printed. i think it's the same criteria as to whether the limitation is to gone constitutional. justice ginsburg: i think david must have a case in mind. [laughter] marvin: a questi

justice scalia. my guess is that you may see justice samuel alito move into that role. he's also very opinionated and also very strong from the bench during arguments. and maybe he takes up more of that manhattan until the meantime. >> you're right about that. there's very little we hear publicly about juls thomas. a little more about justice alito. but i suspect there's going to be a huge battle based on what the president said this evening about the appointments of the next supreme court justice. shannon bream, thank you for joining us tonight. and joining me now, former gop presidential candidate and best selling author and governor mike huckabee. good evening, governor. >> hello, judge. great to be with you. >> you spent time with justice scalia a few years ago hunting with him and hosting him at the governor's mansion. what was it like with him? >> well, i was a little intimidated when i first realized he accepted an invitation that i gave him to go duck hunting. and arkansas is a duck hunting m

justice scalia: the same role. the proper role in a democracy is for it to give a fair and honest interpretation to the meaning of dispositions that the people have adopted either congress in statutes or the people when they ratify the constitution. simple as that. no more, no less. think we are a leader of social causes. we are not pushing the society ahead of where it is supposed to be. interpreting the laws of the people. int: justice antonin scalia 2009 four c-span's supreme court series. can watch the full series on our website. he was appointed by president reagan in 1986 and sworn in by retired chief justice warren. here is a photograph of him along with his wife maureen. justice rehnquist went on to serve as chief justice. most people are interested in his replacement rather than his legacy. this is from a tweet. larry is joining us from chula vista, california on the democrat line. caller: i have three comments. the lord works in mysterious ways. the republicans have been blocking obama for seven years. if

what do you think justice scalia's legacy is? caller: i think for a lot of americans, justice scalia was a divisive figure on the court. while he claimed to view the constitution as far as its original intent, he was always 100% behind all conservative views. and that is like saying he had already pre-judged his opinion before he heard any case. 100% of the time, justice scalia was going to decide for whatever conservative views are. not what the constitution was. if we really looked at the constitution original intent. that means african-americans are three fifths of a human being. you cannot sit there and say i view it the way it was written. this country is not what it was when the constitution was written. it's changing, therefore a fair justice has to look at the constitution in the context of how america is now not 200 years ago when a document was written that enshrined slavery into its law. host: thank you, sir, for calling in. justice scalia was nominated in june of 1986 and confirmed 98-0 in the senate in september of 1

justice scalia and gay messenger. you know, justice scalia wrote a scathing dissent and people on the cops conside of the legal issue say it was one of the best written. >> it is hard to choose. so many of his dissents will be remembered as classic. he had a very plainspoken style, writing style and it was hard to find fault in his reasoning or his logic. everything was moored to the constitution. they were sarcast and i can furruous and entertaining. and that made him a favorite of so many conservatives. and this night, also deals with that. the vacancy and filling it. your thoughts as the back and forth starting to develop here in washington? >> i am not in the senate and the house does not confirm judicial appointments. but the president gets to nominate and the senate gets to confirm. and like everyone. i heard what mitch mcconnell said. listen, i don't want to talk partisan politics tonight. i would say as someone who has seen the president who has not shown respect for the constitution or rule of law generally,

justice scalia: oh. [laughter] it.: other courts do permit justice scalia: when i first came on the court, i was in favor of it. i have long since changed my view on that. those who want to do it say they want to educate the american people. thought that it would educate the american people, i would be in favor of it. if the american people watched our proceedings from gavel to gavel they would be educated. they would come to realize that now would again we do these sexy cases like rights to abortion or suicide -- most of the time we are not contemplating our naval we are not engaging in this broad, philosophical, ethical search. most of the time we are doing real law. the internal revenue code. the bankruptcy code. really dull stuff and no one would ever again come up to me and say -- justice scalia, why do you have to be a lawyer to be on the supreme court because they think we are looking up at the sky talking about rights. they can guess that as well as i can. the problem is that for everyone that wa

so justice scalia was justice scalia before he came to the supreme court. and his life on the supreme court continued, i think, who he was before. but i know every single one of the people had the privilege of working for him, regardless of how they viewed his ultimate votes or his politics, you know, couldn't help but develop enormous respect for his integrity as a justice. >> we're speaking to lawrence lessig, a former clerk to justice scalia. talk about his humanity and his humor. it's often mentioned by people we've interviewed today, reflecting on his passing, that he was close friends with justice ginsburg, who had opposing views on many key and high-profile cases. there's research that shows he drew more laughter than most other justices, because there are law professors, as you know, as a professor, they would count anything, they would count the laughter in response. and yet we're looking at them on screen right now, of the photos they take, the photo spray, one of the only time the justices come out together for anything that could be called pr, a

justice scalia was a devout catholic. his son, one of his sons is actually a catholic priest and will give the homily tomorrow. he is waiting at the top of the supreme court steps for his father's casket. the justice had nine children in all, 36 grandchildren. a lot of family on hand both today and tomorrow. >> his son, father paul scalia, as you said will deliver the funeral mass tomorrow. you talk about the controversy that is surrounding president obama's decision not to attend the funeral, is it customary libby, for penalties to attend the deaths of a supreme court justice? >> we've only seen four justices die while still sitting on the bench in 65 years. when justice rehnquist died, chief justice, of course, president bush did attend that fub rely, but it's not always done. president eisenhower was in office when two justices died. he went to the funeral of one, not the other. this is an individual decision that the white house can make and the white house said they believe the way to pay their respects is to have th

for justice scalia. do you think that should happen or should this president be allowed to nominate and confirm his nominee? >> i think that's going to be one heck of a tug of war. you can have all the republicans saying to wait and the democrats to say to go forward. i don't know how that sorts out but i think it will be the tug of war of incredible importance. because you're going to talk about tipping the balance with regard to the courts. and it's going to be a momentous fight. >> what do you think the senators should do? >> caller: i happen to be on the conservative side, so i would say it makes since for the not outgoing president to make the call. >> reporter: now senator leahy says this could set up a huge battle between the white house and the senate. >> it's going to be a battle with obvious folks on both sides of the equation. my sense is it will be tough to come up with the works for next year. but i'm on the house side so we'll see. >> reporter: in terms of gumming up the works, would that p

justice scalia has come up in a number of campaigns. he's a part of marco rubio's stump speech. he says this line we need nor scalia and fewer sort. each candidate that attended, jeb bush, ted cruz was asked what they would look for in a future nominee. this is something that has been at the forefront of the presidential campaign and is poised to become more of an important issue going forward. >> you're saying that this is already steeped in the audience and crowd and then take us through today when this news broke because as i was discussing earlier with another guest when you talk about conservative politics justice scalia is sort of the ronald reagan of conservatism. talk to us what it was like out there. >> and constitutionism too. so we're saying just to give you a sense if you want to get in the moment we were sitting here in the debate filing center when we began seeing reports that perhaps justice scalia had died in texas. nbc working very quickly to confirm that news, but you saw it spread here very quickly almost immediately

you look at justice scalia's record. i've said on air today, that he had become something like the ronald reagan of legal conservatives. it was as if he could do no wrong and he was the standard that had been set. we hear about litmus tests like roe v. wade or overturning for justices. when you talk about jeb bush, when he was asked in debates in two thourk he said he would look to someone like thomas or scalia. and everyone felt it was scalia first given his conservatism and his more colorful personality, as opposed to clarence thomas' relative quiet. what about that? legal conservatives as well as the republican party in this death have lost someone, even if he didn't write many majority opinions, someone who came to define what a good legal conservative should be? >> right. you saw tonight greg abbott, the governor of texas. he put out this statement in which he said, i hope the next justice lives up to justice scalia's rule of law. it was that scalia was the primary author of the written constitution. that there were

justice scalia was 79 years old. we understand he was on a hunting trip in the western part of texas, as -- and he apparently died from natural causes. senior white house correspondent jonathan karl is with us now what do we expect the president to say? >> reporter: i expect the president -- well, there he is. >> good evening, everybody. for almost 30 years, justice antonin scalia was a larger than life presence on the bench. brilliant legal mind, with an energetic style. incisive wit. and colorful opinions. he influenced a generation of judges, lawyers and students and profoundly shaped the legal l d landscape. he will be remembered as one of the most consequential judges and thinkers to serve on the supreme court. justice scalia dedicated his life to the cornerstone of our democracy. the rule of law. tonight, we honor his extraordinary service to our nation and remember one of the towering legal figures of our time. antonin scalia was born in st n trenton, new jersey, to an italian imgrant family. after graduating

scalia and chief justice john roberts. that's after roberts joined the court's liberal wing in a decision that upheld the affordable health care act, or obamacare. in his exclusive in-depth interview, former cnn anchor piers morgan asked scalia about his relationship with the other justices on the bench at that time. >> the kind of man you are. are you a good colleague? how do you get on with your other supreme court justices? because you all must be -- you're all highly intelligent, very opinionated people. are there clashes there? >> there are clashes on legal questions, but not personally. the press likes to paint us as nine scorpions in a bottle. that's just not the case at all. >> well, the big buzz at the moment is that you and justice roberts have had a bit of a parting of the ways, you've gone from being best buddies to warring enemies. >> who told you that? >> i think i read it in some of the papers. >> you shouldn't believe -- >> credible sources. >> you should not believe what you read about the court in the new

but justice scalia went further. and i guess my final question to you, in an area of some controversy, although we're very often careful of how we speak of people who just passed, but in that ruling, as you know, chris, he talked about racial entitlements, quote unquote, and said that once they are given in a society, they are very hard to take away. for a ruling that was only about the right to vote, that struck people as very off-base, the notion that black people voting was quote/unquote an entitlement. talk about his civil rights record, as well. >> well, it was a remedy to years and years of zrims, and making it impossible for those states and jurisdictions to let an african-american vote. and obviously that section five and all of that came in to try to fix what had been bad public office behavior. those states had been wrong in their denial of the right to vote in effect, and they needed to go in there and make sure they didn't do anymore damage by coming in with new, you know, issues of -- whether it's so-cal

lamb: one of prior justices justice scalia. if a writer did what i just described thed case consisted of this section and it had to be reconciled with this other section he would lose his readership in no time. surprisedt at all that the newspapers tend to evaluate a case simply on the basis of whether the results seems like a good result. that is all the readers interested in. lamb: we prepared for this interview. your people at the publishing house told us they're all kinds of rules of things we couldn't ask you. justice scalia: you can ask anything you want. i just want answered and wanted. brian lamb: i know you don't want to talk about bush versus gore again. let me show you a clip from an interview with piers morgan. you answered everything were not supposed to ask you. piers morgan: what has been the most contentious case? justice scalia: the one that created the most waves of disagreement was bush versus gore. up all the time. my usual response is get over it. lamb: u.n. on to explain further. justice scalia: past cases

paul, me and justice scalia. and we would drink whiskey and watch old western movies and have a cigar. and paul could keep up with the best of us. >> that sounds pretty great. and judge, isn't it correct, if my memory serves, one of the scalia children had the good sense to marry somebody from louisiana? >> yes. john, the oldest, married someone from covington. i and a few other of his close friends happened to be honored to have been at the wedding. at st. joseph's abby in covington. >> let's -- with our thanks -- >> i'm sorry, i said john. i meant gene. >> oh, okay. the record is corrected. our thanks to federal judge martin feldman, who is going to -- as difficult as this is going to be for him, he's going to watch along with us. let's listen in on this moment taking place on the front steps. [ church bells ringing ] [ church bells ringing ] [ church bells ringing ] [ church bells ringing ] [ church bells ringing ] ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ >>> the grace of our lord, jesus christ, and the love of god

justice scalia was an american hero. we owe it to him and the nation in the senate to insure that the next president names his replacement. that's a shot across the bow to the senate to say do not confirm anybody that president obama wants. this senate has the power to confirm or not confirm his nominee. but i think ted cruz is really sending a signal here to the senate to say, whatever president obama sends up, do not confirm that person. leave it until after november. now, he says the next president, if the next president was a hillary clinton, bernie sanders or hillary clinton, certainly there's not much to be done about that, but cruz is saying don't do anything now. wait until after the election to go down this road. so. >> john roberts, thank you for reporting from south carolina. joining me now is arthel neville. we have some stunning news here. >> i'm not sure if john is back up. i do have a question for john as he noted that, of course, all the presidential candidates naturally are offering condolences the as th

scalia, this from justice samuel alito. nino was a re, maable person and i feel very honored to have known him and to have had him as a colleague. soup and sandwich and somewhere to go, and clean and real and nowhere to be, and warmth and looking good, and sandwich and soup and inside jokes, and dan is back! good, clean food pairs well with anything. the clean pairings menu. 500 calories or less. at panera. food as it should be. and i quit smoking with i'm chantix. i decided to take chantix to shut everybody else up about me quitting smoking. i was going to give it a try, but i didn't really think it was going to really happen. after one week of chantix, i knew i could quit. along with support, chantix (varenicline) is proven to help people quit smoking. chantix definitely helped reduce my urge to smoke. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some had seizures while taking chantix. if you have any of

and justice scalia is in that category. he has been the leader of the conservative wing on the court since he was appointed by president reagan in 1986. and his departure leaves a huge political fight in the offing because this is a court with five republican appointees, four democratic appointees. president obama will have the opportunity to nominate someone. and there will be one of the great battles in united states senate history over whether president obama's nominee even gets a vote because of the senate republicans recognizing how important it is to maintain a conservative majority on the court. president obama is only president for another ten months. and the question will be whether president obama's nominee, who i expect will come quickly, will get a vote at all in the remaining months of his presidency. >> and, jeffrey, let's talk through some of the cases that stand out to you most that he wrote. you know, wrote the leading opinion, decision on. what stands out to you most when you think of the history of the ca

accesupreme c justice antonin scalia. we have just learned that the president, president obama, will nominate someone to replace antonin scalia. the justice, who served on the nation's highest court for 30 years, died in his sleep of natural causes during a hunting trip at a ranch in texas. he told friends he didn't feel well last night. he went to bed and did not show up for breakfast this morning. he was found unresponsive in his bedroom. he was a leading conservative voice on the high court and its longest serving justice. he was appointed to the court by president ronald reagan in 1986. reacting to his death and reaction is really coming in from across the political spectrum. we do expect to hear more tonight from president obama. that's according to the white house. >>> also, senator chuck grassley just issuing this statement, "the fact of the matter is that it has been standard practice over the last 80 years to not confirm supreme court nominees during a presidential election year given the huge divide in the count

supreme court justice antonin scalia has died. he was known as influential conservative of the high court. >> tonight the flag outside the supreme court has been lowered in his honor. he served 29 years. good evening to you. i'm juliette goodrich. >> and i'm brian hackney. president obama is expected to speak about his passing in just a moment and as soon as the president takes the podium, we will carry it live. justice scalia died in his sleep while on a trip to texas. he's being remembered for his intellect and for his interpretation of the constitution. >> reporter: supreme court justice antonin scalia made his mark during his three decades on the supreme court. he asked more questions and made more comments than any other justice and was known for his out-sized personality and brilliant legal mind. according to the u.s. marshal's service he was found dead this morning when he didn't show up for breakfast at a resort in west texas. ronald reagan chose him for the high court in 1986 and he was the longest serving member of the c

scalia, this from justice samuel alito. nino was a re, maable person and i feel very honored to have known him and to have had him as a colleague. >>> to fulfill 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 hearing and a timely vote. these are responsibilities that i take seriously as should everyone. >> with just 11 months in office, president obama says he will appoint a new justice, at least nominee to the highest court. that nominee would have to be confirmed by the senate. republicans in power there, is it possible and how could a new justice impact the legacy that justice scalia built? you san estrich was a justice for john paul stevens and a fox news contributor. susan, always good to see you. >> great to see you. i in between worked for the senate judiciary committee. i'm very familiar with the confirmation process. >> yeah, and let's talk about that. both sides are sort of digging in their heels saying they're not m

justice antonin scalia dead at 79. tonight, i'm joined by those who knew him as we look back at the man who left his park on the nation's highest court. >> i think things are better as far as the supreme court's jurisprudence is concerned by my likes. they're better today than what they were 26 years ago. it's all right. >>> breaking tonight, the leading conservative voice on the nation's highest court is silenced.

why was it necessary, justice scalia? justice scalia: i think it is a , natural addition. it means the freedom to speak and to write. it was not referring to the institutional press, the guy that runs around with a fedora hat with a sticker that says "press," i am not sure that they even referred to the institutional press in those days. the freedom to speak and to publish. and that clause has been interpreted, not to get any special prerogatives to the institutional press. it gives prerogatives to anybody who has a xerox machine. [laughter] marvin kalb: what do you mean, institutional press cannot , forgive me? what does that mean? justice scalia: i mean those organizations whose is this is writing and publishing -- nbc, cbs, you. [laughter] marvin kalb: i like that. [laughter] justice ginsburg: one idea we did not take from england was the office of the censor, who censored books before they were published, and that was part of putting in this protection of the press, and we have never had it in the united states anernment, and office -- office of the censor. people in e

the people who disliked nino scalia, justice scalia, were those who didn't know him. he was a agree garious man. filled up every room with his robust laugh. and he loved life. and he loved other people. from the left to the right, it didn't matter. he was really the -- a perfect model of what we done so see how much anymore, the ability to disagree at every level with somebody on little or judicial issues, but to not only be civil but to be friends, genuine friends with them, in any other respect. it's well-known that justice scalia was good friends with ruth rabader ginsburg. that's one example of countless examples. he is a wonderful man and will be missed by those of us who know us. >> thank you for sharing your inigts. >>> the gop candidates left standing faced off last night in south carolina. did any candidate walk away a winner? our political panel helps break that down? >> plus, the latest from where justice scalia died. casey steel is in el paso, texas, tonight. >> reporter: this is the funeral home in el paso where justice scalia's body was brought overnight

justices scalia, welcome. brian, welcome to you, too. >> thank you. >> the book is very much a template for the way that you conducted your legal life. you are a man that believes, fundamentally, that the law in america should be based rigidly on the letter of the constitution. that's what you believe, isn't it? fundamentally. >> yes, give or take a little. rigidly i would not say, but it should be based on the text of the constitution reasonably interpreted. >> people that criticize you for this say, a lot of the constitution was phrased in a deliberately vague way. they realize, when they framed it, that in generations to come things may change, which may put a different impression on a particular piece of text. >> sure. >> why are you not prepared to accept that that means you can move with the times, to evolve it? >> but i do accept that, with respect to those vague terms in the constitution such as "equal protection of the laws," "due process of law," "cruel and unusual punishments." i fully accept that t

to replace justice scalia. we don't know when that nomination may come. but again president obama does intend to make that nomination. what are your thoughts? >> i had not heard that, but i think it's too late to nominate someone now. few nominees that are already out there for the circuit are benches will probably get through now. the situation is so intense with the divided court, i think the proper thing to do is allow the presidential election to go forward and the next president nominate the next member of the court, which could tilt the court one way or the other. >> senator, let me ask you this, there's also the issue of the constitutional duty of a p president and a senate to vote on a nominee. you've got 11 months before the next president takes over, then you've got however many months it would take to put whoever they confirm up for a vote. hillary clinton said just in her statement tonight, the republicans and the snenate and our campaign trail who are calling for justice scalia's ska seat to remain

justice scalia was the longest-serving justice on the high court. appointed by president ronald reagan back in 1986. correspondent pierre thomas joins us with what we know at pierre? >> reporter: tom, law enforcement sources tell me that justice scalia died earlier today in texas, apparent of natural causes. u.s. marshals are at the scene, and there is no evidence of foul play. scalia was a giant figure in washington and news of his death has spread quickly. we're told president obama has been informed, as has senior justice department officials. washington tonight is stunned. tom? >> that is right. pierre, thank you so much. the sudden death of justice scalia, a huge loss for the court and the conservative moment. chief justice john roberts calling him, kwoement, an extraordinary individual and admired and treasured by his colleagues. abc's martha raddatz on the justice who helped shape the bench. >> reporter: justice scalia, the longest-serving justice on the court, apparently died from natural causes. the 79-year-old justice was on a quail huntin

host: justice antonin scalia. "the washington post," republicans will pledge to appoint strict constructionist to follow the lean of justice antonin scalia and they will also be under pressure to pledge the choices would roll back the court decisions that upheld the affordable care act and legalized same-sex marriage. democrats will press for nominees who would overturn court decisions such as the one that opened up the floodgates for unregulated money in elections and who would 40e8d the line against efforts to narrow voting rights protections and access to abortion. from louisville, kentucky, good morning, republican line. caller: good morning. politically this couldn't come at a worst time. thoughts and prayers are with scalia's family. but larry from the university of virginia had a book a few years ago about how to improve the constitution, and the constitution doesn't dictate how many justices, and he recommended we increase the number to about 13, and you would do that over several presidential terms. nobod

supreme court justice antonin scalia has died. the longest-serving justice on the nation's high court, a towering conservative figure known for his blistering dissents, his strict interpretation of the constitution. the court and the conservative movement suffering a huge loss. >>> and good evening. thank you for joining us on this i'm tom llamas. and we do begin with that breaking news. supreme court justice antonin scalia has died. justice scalia was the longest-serving justice on the high court. appointed by president ronald reagan back in 1986. scalia passed away on a visit to texas, and abc's chief justice correspondent pierre thomas joins us with what we know at this hour. pierre? >> reporter: tom, law enforcement sources tell me that justice scalia died earlier today in texas, apparent of natural causes. u.s. marshals are at the scene, scalia was a giant figure in washington and news of his death has spread quickly. we're told president obama has been informed, as has senior justice department officials. fair to say that of