and so the big one i think is the labor case, because the lower court sided with a labor union that wanted to be able to collect dues from folks who aren't members of the union, but the union is helping to represent in negotiations with the employer. the lower court sided with the union because that's what previous case law of the supreme court had said. there seems to be an oral argument, five justice majority to change all that, but justice scalia was part of that. he's no longer part of that. presumably, then it's 4-4. 4-4 does not suffice to change what the court did below or to change the previous precedent. that's a game changer. justice scalia's demise, when it comes to labor unions. >> dahlia, let's go to you. do you agree with that and what would be the next big issue by the court that could be impacted by a 4-4 split? >> i think he's exactly right. we came out of argument in the labor unions case saying, well, this really spells out the end of public sector unions. i think akeel is also right without justice scalia's vote, that looks like it could readily be a 4-4. some of the ot
union democratic voters are still going to find an appeal in bernie sanders message. >> because the math gets difficult for him and hard to see where he could pull out a big win other than his home state of vermont even though home state pushes hard against that they see potential victory in minnesota and virginia, with that said, when you look at the sanders campaign he prides himself of not going negative. he has pushed hillary clinton on releasing transcripts from wall street speeches with the pressure and the math and map in front of him, do you believe bernie sanders will be more aggressive if he is to survive? >> i think one of the features of his candidacy is that he has been consistent on his message. if you looked at his speech yesterday in nevada he continued to hit home on the core values of his campaign talking about a fairer more living wage and some of the economic issues, talking about wall street and being able to rein in the big banks. he doesn't tailor his messening for what state he is looking at. he will continue to draw policy contrasts against hillary clinton.
there is that issue of labor management there. it's not so good. >> we had employees at bonanza high school tonight who were caucusing for him. and spoke about that. >> i want to talk about the thing we were talking about earlier, the failure of the republican leadership. governor sandoval out here didn't take sides. she'll madelson richer guy here, khan leader. he backed rubio. this is where it hasn't happened for rubio. king to come out for the guy. >> not the kind of ruthless leadership here. harry reid rules the democratic party with an iron fist. sandoval is not that kind of guy. he doesn't want to get down into the muck with the party stuff. tonight he goes and finally he caucuses for marco rubio. and then says, but this isn't an endorsement. that makes absolutely no sense sense of course. he doesn't want to get into it. you have this party here. you saw what the electorate was like from the entrance polls. it's like 83% very conservative or somewhat conservative. >> check that across the country. the unwillingness of the pa
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