brooke baldwin and john berman join me this morning. he is the one on your tv right. up first, the death of justice scalia is terrible news on several levels. a proud family mourns. the highest court is frozen. and the loss puts senate republicans and president obama on a collision course. conservatives calling for obama to wait until a new president is elected to fill the seat. a notion that would certainly make nino of laugh. obama making it clear he does intend to nominate a successor. >> with all three branches of government in play, the stakes couldn't be any higher this election. will vulnerable senators in swing states buck their party leadership if republicans decide to block this confirmation vote. and how will his death alter the major cases this term? joe johns live in front of the united states supreme court.

joe, good morning. >> reporter: good morning, brooke. a flag at the united states supreme court flying at half-staff. the body of justice scalia back in his home state of virginia. a few more details trickling out about the of the justice over the weekend. he died of natural causes and he was pronounced dead over the phone. the body of justice antonin scalia returning home this morning. he died at a texas resort over the weekend. funeral plans for the supreme court's strident conservative voice are under way. so is the epic battle for his replace werement. >> president obama, in my view, should make that nomination. i hope he does it as soon as possible. >> there is no way the senate should confirm anyone been

become appoints in his last year of office to a lifetime a appointment. >> reporter: in the coming months, the supreme court justices are going to take on hot-button issues. requires most employers to provide birth control. >> there will be plenty of time for me to do so. >> reporter: top democrat harry reid called for the seat to be filled right away. as for a timeline, a senior obama administration official points to the previous supreme court nominations, both taking a month. >> he has every right to do it. the senate has every right to not confirm that person. >> reporter: but they are pledge to go stall, saying the president should allow the next

president to appoint. the problem with eight justices, their only options are to leave the lower court's decisions intact if they're divided or hold the case over until a replacement is confirmed. >> if the republican leadership refuses to even hold a hearing, i think that is going to guarantee they lose control of the senate. >> there had been about confusion about whether scalia died of a heart attack. officials say no. he had been suffering from several health conditions and his heart simply stopped beating. john berman. >> joe johns, thank you so much. this sets up the situation for something we have never seen, not in our lifetimes, not ever. the debate began not over just over who should replace scalia but whether president obama should have the right to pick someone to replace him at all. this has huge implications in

this election year. you have been taking the temperature up on capitol hill. >> reporter: that's right, john. the battle lines are already being drawn for what could be president obama avenues last big fight in washington. mitch mcconnell first out of the gate saying the president should not nominate anyone. the fight should wait for the next occupant of the white house, something that routeraged senate democrats. senator harry reid, the minority leader in nevada didn't hold back. saying the president can and should send the senate a nominee right away with so many important issues pending before the supreme court. the senate has a responsibility to fill vacancies as soon as possible. one big fact is how a group of vulnerable republicans up for reelection in states like new hampshire, illinois, wisconsin, ohio, pennsylvania, how will they respond to political pressure. i'm told they plan to intensity

target the republicans, hoping they will revolt and push to schedule a vote. some of the republicans are holding firm. they say the next president can and should be responsible for justice scalia's replacement. that's a sign the gop believes they can make the case to voters that they can serve as a firewall to liberal justice. >> manu, thank you very much. let's discuss -- bring in the big brains. that's why i need him. i can't even speak. david gregory. douglas brinkley, history professor at rice university. gentlemen, thank you very much. >> thank you. >> professor, let me start with you. the idea of should or should not, can and cannot. is there any precedent, rule, or jurisdiction based issue to make that president obama should not be able to nominate this as his

last year as president. >> no, there isn't. barack obama will will nominate somebody. he has made it clear that he is going to. franklin roosevelt after winning in 1936 and early '37 started packing the supreme court. the entire year of 1937, particularly the first half, the national debate is fdr trying to kill the supreme court. and fdr lost that. barack obama will be able to nominate somebody, get the democratic party behind him. i have a feeling the gop will will not allow a vote on the floor. >> professor, you know well. but, boy, imagine if president obama were trying to do what fdr was trying to do, pack the court with more judges to have it go his way. david greggingry, who will it be, how do you think it will be?

what are the general notions at this point? >> well, i think it's absolutely he will clear. when barack obama got his second term, second term for four years and the argument against that is saying, well, if there's a national security emergency requiring presidential action, should he wait in his final year, we wouldn't use that standard at all. we're about to set off a huge political fight, an ideological fight that will draw deep into the presidential campaign however this goes. remember, this is an important not just important, a crucially important choice. because you're talking about tilting the balance of the court. 5-4 conservative at the moment to 5-4 liberal.

as a result of this choice, if obama were to get that choice through. the consideration i think is does obama try to basically pick the fight, go with whoever he wants to knowing it will be a fight and the nomination will likely go down. or does it try a more consensus choice and rye to negotiate his way through, getting a pick in and on the court this year. >> the issue, david, there is no sign at all that even a consensus pick or middle of the road pick could get through in this environment. douglas, this gets to what kind of a fight the president wants and what kind of fighter he has proven to be. this is the last year of his administration. has he given any signs what kind of political legacy he wants to leave and whether he wants the last 11 months to be a pitch battle over the supreme court? >> he certainly would love to get a third supreme court nominee in. if he did that, it would be --

we would be living in the age of obama for decades to come. it would tilt toward a more liberal persuasion of justices. what's more hikely to happen, he will pick it. and hillary clinton will have to be the one if she's the nominee or bernie sanders. they're going to have to fight for this. they will have to fight for obama's nominee. if hillary clinton won in november, you would probably get the movement after the election to put the person obama picked into the supreme court. >> he wants a third supreme court justice. but there is no sign this morning that he can get that. there is every sign that he can't get it, david. the type of picks he makes will determine the politics not just for him for the rest of the year, for the politics inside the senate for the rest of the year, not to mentioned makeup in the supreme court for the rest of the year. >> this is a fight worth having. this is an ideological fight

that matters. we speak like it is dirty, nasty washington politics. this is a contest of idea. there are few places it matters more than the supreme court of the united states. you have an ideological view, philosophical view on how to interpret the nation's laws, how to interpret the constitution. there is a reason why this becomes such high drama. i do think the president wants this life. it is not only his constitutional responsibility but it is opportunity to win on ideological grounds, which is the point of the campaign and contest of ideas. look, if there is obstruction in the senate, the democrats are going to be energized in the fall for sure. and republicans are as well. we know that the supreme court justices, and it is a major issue in any campaign, this put an exclamation mark on this. it is interesting in the republican primary fight. the extent to which electability

becomes an issue. you're going to be out there and hear candidates say do you want to lose to hillary clinton and face the prospect of democratic rule and the impact of that on the supreme court for potentially 16 years, two obama terms is and two other terms of hillary clinton. that will be an argument very strongly. >> very interesting we keep hearing how notably in my mind former governor huckabee saying the salespeople court, they don't make law. they're elected. that has always been a farce. do you think this will be one of the first modern selections of a justice that goes past until pretense of there being nothing political about it, about this man or woman who is nominated? we're hearing it certainly on a political side. listen to hillary clinton and bernie sanders. it's a bad decision. we need a justice who will overturn that decision. we're naked in terms of what

this justice is going to be than usual. how does that play into all of this? >> well, that's very well said. we are more naked. it is the facade where the justices aren't somehow a highly partisan event. justice scalia got voted in by all the democrats. those states are over. we are a deeply divided country. as david accurately said, this is going to be king hill daddy fight in 2016. i predict because of this we will have higher voter turnout in the presidential election than ever before. because what's at stake is the entire direction that the united states is going to go. is it going to scalia road of being a strict constitutionalist or a living organism constitution that the democrats prefer? it's all at stake now. so the temperatures are rising. and all sides are going to fight

this one to the bitter climax. >> chris, can i just add, you think about how polarized the court has become. justice scalia approved in 1986. chief justice roberts approved 77-22. 22 votes against him. of course there have been closer ones even after that if you think of justice alito. and you have heard the chief skwrusity saying chief justice roberts is used quite often as a punching bag frankly with ted cruz, donald trump and others saying he should never have been nominated. he should not be the chief justice because of his ruling on obama care. now you have chief justice roberts saying we're too political, too politically polarizing. unfortunately for him, it's only

going to accelerate with this debate. >> good to have your perspective on both of these issues. thank you very much. former president george w. bush hours away from stepping back into the national spotlight to campaign with his brother jeb in south carolina. after donald trump's blistering attacks over the weekend on the former president in the debate and in the sunday shows how will his return really change this race? let's go to athena jones in charleston, south carolina. athena, good morning. >> reporter: good morning, brooke. the bush team is making a big play for south carolina. and so they're bringing out perhaps their biggest gun, george w. bush. it's a whole new stage in the race for jeb. >> george w. bush hitting the campaign trail tonight for the first time since leaving office. >> is he a popular republican? you bet he is.

>> reporter: giving his younger brother a helping hand as the battle for south carolina heats up. >> i know jeb. >> reporter: he already lent his famous face for an ad for jeb. his guest-starring role on stage tonight is part of the bush camp's effort to pull out all the stops. after a dismal sixth place finish in iowa where his brother won. >> and you think that, iowa. >> reporter: and a better than expected fourth place in new hampshire where his father won. >> i want to thank the wonderful people of new hampshire. >> reporter: jeb is hoping for a strong showing in south carolina which handed primaries to both presidents bush. >> this is the right time. right when the interest -- when it's important and when people are watching. >> reporter: bush, whose campaign logo, doesn't even include his famous last name, and began his run stressing he

would be "his own man" is now embracing his name. >> i'm proud of my tad. i'm proud of my brother. i'm proud of being a bush. >> reporter: but that extra dose of brotherly love is bringing in an extra dose of scrutiny. >> obviously the war in iraq was a big, fat mistake. >> reporter: especially from donald trump, who continues to bash the 43rd's decision to go to the war in iraq. and his brother took questions about that decision. >> and he admitted it was a mistake after five days. look, he has no chance anyway. it almost cost him the election before he even started. >> reporter: if we know donald trump, we know there's more where that came from. he he sent out a fund-raising appeal saying trump went too far in attacking his brother at the debate the other night. of course the question here is whether or not a "w" will give jeb bush the much needed boost

he needs. bush would only say on state of the union yesterday he expects to do better than expectations. the goal is to be the best among the "electable candidates he" in their mind that doesn't include ted cruz or donald trump. >> i bush has never lost in south carolina when on the ballot in south carolina. >> arizona senator john mccain calling on the obama administration to share what it knows about the detention of the u.s. sailors in iran. or he will force the service members to testify. angered by a video showing one of the 10 soldiers in tears, mccain is giving a march 1st deadline to disclose the findings before he starts handing out subpoenas. the soldiers were briefly detained when their patrol boats strayed into iranian waters. governor rick snyder is asking the federal government for additional coverage

particularly for pregnant women and those that are 21. if approved as expected, the governor says 15,000 more residents in flint would be eligible for health services. new york city police are investigating this morning former new york government eliot spitzer for assault after a woman claims he choked her inside of a hotel room over the weekend. sources say the woman was taken to the hospital with self-inflicted cuts to her wrists. police have yet to interview spitzer, who once hosted a show here on cnn. his spokeswoman denies the allegations so what have we learned on saturday in the dedate? did you watch? we hope you did. personal attacks at a premium. is this what it's going to be from here on out? george w. bush coming on the trail. what is he going to say? we have info and insight ahead. when my doctor told me i have

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this is the same thing he did to ben carson. this guy will say anything. nasty guy. now i know why he doesn't have one endorsement from any of his colleagues. >> and that wasn't even the worst of it. saturday night's debate was a dream for pundits and a nightmare for the people. negative, nasty, and noisy. what worked, what didn't, and why. let's discuss errol lewis. and professor brownstein at the national journal. errol, we start off with the pretext of is sbg. you know, they get knuckled up down there. that is like mythology. there are tough races everywhere. this was different in tone and intensity. why, would you say? >> i think the reason of course

is the stakes are a lot higher. you have candidates dropping out left and right. you've also got sort of the two lane race of trump versus cruz, and rubio, kasich and bush going at it. ben carson is very much still in the running with 10% support in some of the polls. everybody is everybody else's enemy here. you can't expect cruz and trump not to go at each other. a first or second place finish makes a difference to both of them, especially to cruz i think what we saw was the natural outcome of all of that. they are frankly getting a little bit sick of each other. each sees the other as getting in their way. >> all this talk about losers and idiots. to your point, we were talking about this rubio/bush fight and cruz/trump. but then you have this back and

forth. whatever this is about deep down, trump v. bush. trump went there over and over again when he was speaking about his big brother and trump doubled down on the sunday shows. ron, i want you to hear this. >> when jeb gets up and say we were safe under his brother. first of all, his brother got us into the war of iraq, one of the worst catastrophe that so far. there were no weapons of mass destruction. you can't say we were safe when the world trade center comes down and the cia said something like that was going to happen. >> i want your thoughts, ron, on the attack there. we have heard it before in a debate. but we also know that george w. bush will be out in south carolina. do you think he defends his legacy, faces that today? >> i think he does. look, i degree with errol. part of this is these guys have been debating for a long time.

there is a lot of personal animosity. he has used him as the embodiment of the establishment he claims to be overthrowing. overall, in this debate trump was kind of unbound as we have seen him in any debate. in that sense he gave more ammunition to people who don't like him than any other point. he was unpresidential, belligerent in denouncing bush in language usually heard from democrats. i think that makes this a very revealing moment. if he can hold his piece of the coalition, other republican electorate coalition after this, it is a connection how deep it is, how divitt is to shake it. he pushed the boundaries forcepability for a republican. if he holds it after this, i think that will be a big statement. >> what about his statements about the war? i'm confused on that one.

it is not a popular thing. people don't buy the rationale on either party. but republicans don't usually go after their own in that way. does it play as candor what he was saying about the iraq war and the eventuality of 9/11? >> the only thing is it was coming out of the mouth of a candidate. there is a core that has believed this all along. you get a rise out of him all the time. to this day i get letters, i see tweets for whom the fundamental truth of the bush presidency was that the mistake in iraq was not just a mistake but that was -- incompetence almost approaching deliberate, willfully going in knowing there were no weapons of mass destruction. you can't get that out of people's minds. it doesn't matter what facts you put in front of them. i was very, very surprised to

see donald trump pick that up. that's what this far left group code pink has been saying for many, many years. i think ron is right. if donald trump's supporters will forgive him that and they will say that a republican can launch that intemp rat of an attack and they will still support him, we're in a whole different place now. >> do you think it ends up hurting him in a place where the family has done so well? >> i covered that race that bush well. john mccain won more votes than bob dole when he won the state four years earlier. but bush blew the doors off. he inspired enormous turnout. it was the state that put him on the pathway to the white house. i think this is a challenge. the real question -- we reached a point where donald trump's piece of the party is not going to melt away from him. the question becomes whether

anyone can consolidate the remainder of the party. the most important fact of the debate is john kasich, jeb bush, marco rubio had good nights. it is hard to see them separate to go a large extent. as long as that's true, the third of the party is going to be enough to win, unless ted cruz can overcome among evangelicals, which he couldn't do in new hampshire. the divide and conquer, consolidating the blue part of the party, that is the governing dynamic in the republican race. >> we'll have to wait and see. did donald trump come up with a thing to expand the house or is he burning it down against going against bedrock republican ideology. appreciate it. thank you. quick programming night. two-night event. all six presidential candidates answering questions not from

people like us, from you. south carolina voters. this is a first in the campaign. it's going to be a live town hall wednesday and thursday nights hosted by our man, anderson cooper. you will have carson, rubio, cruz. they will be kicking it off wednesday night. then kasich, bush, trump on thursday night. tune in to both at 8:00 each night. best way to divide the field and give you the real deal from real vote voters. it is kind of chilly outside. minus 26 as i left toronto yesterday. >> poor travel choice. >> after a weekend of brutal record cold across the u.s., a winter storm heading for the east. we'll talk to chad myers and the chilly details coming up next. >> the man responsible. to thrive under pressure.

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raise your hands if your pipes froze this weekend. snow and freezing rain will

affect 75 million people in this region. chad myers joins us with the forecast. hi, chad. >> warmed up to 14 for you right now. yesterday, 1 below zero. pipes were freezing, pets were cold. i still think they are cold this morning. please take care of them. they can't take care of themselves. 4 below in albany. watertown, new york bottomed out on the 47 below and that is not a windchill factor. a little bit of ice is a whole lot worse than three or four inches of snow. it could happen into south carolina and north carolina today. here's what we have. very light snow for the northeast. we have already this morning airport delays. hundreds of flights already canceled from new york to d.c., philadelphia to boston because of the cold air.

they have to clear it out. it will be a de-icing kind of day. cuomo, back to you. i know how much you love this cold air. it is not my fault. it is the rodent from punxsutawney. >> i like the colors match your fetching shirt/tie combo. when we come back, we will get to the heart of who will replace this legend, this giant that we have lost too soon. antonin nino scalia. it took joel silverman years to become a master dog trainer. but only a few commands to master depositing checks at chase atms. technology designed for you. so you can easily master the way you bank. more of the old lady.

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president obama is in all likelihood going to replace antonin scalia on the supreme court. all parties need a name. who do we think it is going to be? jeffrey toobin, former federal prosecutor, wrote the book on the supreme court. i know you have been busy. thank you for being here. >> i am delighted. >> first the general question. what you were just discussing, they somewhat drop the pretense of it's not really about politics. i just want to ask about your theories of law. what they want, all these justices wind up having a definite disposition when they

get on there. do you think this will be different? >> i do think there is much more predictability in the supreme court justices now. if you don't say to a prospective candidate, do you think roev. wade will be overturned, this myth that they are surprised has proven to be a myth. if you look at all nine justices on the court now what you see is what you got. their expected approach to the law turned out to be the law. that will be true with anyone president obama nominates as well. >> there is no capability standard whether a president in a certain year can nominate. obama almost certainly will. a lot of other names you will hear a lot of other names. let's start with the realm of most likely.

probability, not possibility. srinivasan, impeccable qualifications. d. j.d./m.b.a. from stanford. most importantly, in 2013 he was confirmed unanimously by the senate. so the argument would be in 2013, all the republicans thought he was qualified to be on the d.c. circuit. what's stopping him now? >> it makes it a naked political play he makes it just because he has been suggested. >> absolutely. >> i'm sorry. >> you're getting instructions. >> look what you're doing. just get rid of this thing. get it out of there. >> jane kelly.

law school classmate of president obama. interestingly, she would be the first former public defender on the supreme court. the other interesting fact about her is that she is from iowa. and even though she was nominated by a democratic president, she was endorsed by senator chuck grassley, confirmed unanimously by the senate. so the argument would be the same. what's wrong now since all the republicans confirmed her before. >> when it comes to judge kel and sri, is there anything they have done recently? >> not that i'm aware. paul watford, a former federal prosecutor in los angeles. the issue with him, of course he would be the third african-american on the court. he was confirmed with 61 votes. so he was somewhat more controversial but, you know,

also a very respected judge. >> how about that. clerked for ginsburg. >> sri clerked for sandra day o'connor. >> who do you think is most likely? >> srivasan. he was be my most likely pick. one factor to keep in mind is who would really want this nomination when you have the senate saying you have no chance as being confirmed. so is the opportunity to have your head beaten in for 10 months with no payoff. >> all right. that's going to be tough. i don't know. i thought i knew. now i don't know. thank you very much. j.b.? george w. heating the campaign trail in south carolina

today. the first since 2004. does w still have game? what kind of difference can he make for brother jeb in south carolina? that's next. my son and i used to watch the red carpet shows on tv now, i'm walking them. life is unpredictable one thing i need to be predictable is to be flake free. because i have used head and shoulders for 20 years. used regularly, it removes up to 100% of flakes keeping you protected every week, every month, every year you ready ma? always life is unpredictable, so embrace it!

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the fbi is investigating a bomb found at a rental car facility at albuquerque airport. a he credible explosive device was discovered attached to an avis car repeated elsewhere, dropped off at the airport. the rental car center is not attached to the main terminal. no flights affected. >> kobe grind playing in his 18th and final all-star game in toronto. the final score was 100 million to 99 million. coy wire has more on the game

in's bleacher report. >> this game was never known for defense. that was the case definitely yesterday. the west 196 points. both combining for the most points ever. last night was mainly the farewell to kobe bryant show. a lot of tribute videos. fans were chanting his name all night long. the trademark fadeaway. sentimental mvp of the game. the real mvp to russel westbrook. he was out there soaring through the air putting up 31 points. the first player to win back-to-back mvps is 60 years. west wins 196-173. kobe bryant happy to be part of out. >> i had a blast. playing with the guys. you know, laughing and joking with them on the bench. i had a great time.

>> how about saturday's dunk contest, though. zach levine and eric gordon put on a show. this is the best since jordan and williams back in '88. the dunk where he put the ball under both legs, are you kidding me? the judges couldn't believe it. lavine wins. my goodness. hope your monday gets off to a slam dunk start. >> i was there. i was there. i saw the dunks in person, man. with the mascot, and the under the legs and the windmill, it was sick! >> eric says he stepped over the foul line on the dunk. >> gordon was amazing. >> we'll have to leave it there. there is no time to discuss. it is the best dunking contest in the history of -- we'll

discuss it online. >> jeb bush hoping for a boost from his brother. former president on the stump in south carolina. will it help? we will discuss next.

donald trump tweeted funny that jeb didn't want help from his family in his failed campaign and.

then mommy, now brother. matt lewis, cnn political comment airport for the daily caller. to the matts this morning, good morning. >> good morning. >>. >> with all of this going on, this has been going on a while between trump and jeb bush. the doubling down. over the weekend, a debate. what does bush 43 say on the trail? >> i think bush 43 and the trail needs to get across that the number one issue in the mind of republican voters is security. that includes national security. alluding to the fact that under the bush presidency terrorists were held at bay is an incredibly important message. president obama has done so much to destroy those policies. this is a real legitimate policy conversation that jeb bush ought to grab by the reigns and really

talk about. >> does he take on trump directly? >> first, let me say i think this is a smart move. there is a max in politics that says if you get the down side of something, negative side of something, you ought to at least get the benefit of it. he might as well own it and embrace it and bring out his brother, who is incredibly popular there in south carolina. i don't know if george w. bush lowers himself to named donald trump by name. i guarantee you he will push back at trumpism. >> the debate got nasty between these two. here's a piece in case you missed it. >> george bush made a mistake. we can make mistakes. but that was a beauty. we should have never been in iraq. they lied. they said there were weapons of mass destruction. there were none. they knew there were none. >> it is blood sport for him. he enjoys it.

i am sick and tired of him going after my family. . while donald trump was building a reality tv show, my brother was building an apparatus to keep us safe. and i'm glad he did. >> he has gone after his mother, 90 years old. and now his brother. was jeb bush forceful enough in your opinion on stage? >> i think he was definitely forceful. i think he won this exchange. i don't think republicans feel he lied about the war or colin powell, including our al highs in england and other places. it was smart to bring barbara bush out. it is smart to bring george w. bush in south carolina. i am so glad to see him on the

campaign trail. it will help him highlight the questions on national security. >> he is popular for george w. bush in 2000. i'm wondering, matt lewis, how this could have a negative impact on donald trump in south carolina. at the same time, he's got huge numbers. will it? >> well, here's the interesting thing. i don't think this is about getting donald trump. i think this is about boxing out marco rubio. swreb bush will probably come in second or third place in south carolina i think donald trump wins the state. the whole thing is about boxing out rubio. kasich was second in new hampshire. now i think he will be boxed out by jeb bush. the establishment lane will not be able to coalesce. and jeb bush will declare a victory if he comes in third place.

thank you so much. >> we are following a lot of news on this monday. let's get to it. justice scalia, one of the towering legal figures of our time. >> how does he change this? >> no one will be appointed. >> it is outrageous that republicans have already pledged to block any replacement. >> you are the single biggest liar. >> he would not resigned president obama's illegal executive amnesty on his first day in office. >> i don't know how he knows what i said on univision is pause he doesn't speak spanish. >> experience judgment. >> i think he would be a great president. >> this is the time people are watching. >> this is "new day" with chris cuomo, alisyn camerota and michaela pereira. >> good morning.

welcome to "new day". alisyn and michaela are off. the big news, justice antonin scalia's death leaves a huge hole in his family's hearts and the supreme court. who will president obama nominate as replacement and will how brazen will republicans be for block it? >> and how does it pass the high court itself in the short-term. in the long-term, what happens to the big case before the justices in this term. joe johns live in front of the supreme court. good morning. >> reporter: good morning, brooke. the flag at the supreme court is at half-staff. the body of justice scalia has been returned to his home state of virginia. people are contemplating how much will change now that the figure who led conservative legal thought on this country for a generation is gone.

the body of justice antonin scalia returning home this morning. he died at a texas resort over the weekend. funeral plans for the supreme court's strident conservative voice are under way. so is the epic battle for his replacement. >> president obama, in my view, should make that nomination. i hope he does it as soon as possible. >> there is no way the senate should confirm anyone been become appoints in his last year of office to a lifetime a appointment. >> reporter: in the coming months, the supreme court justices are going to take on hot-button issues. including a mandate for employers to provide birth control. >> i plan to fulfill my

constitutional responsibilities to nominate a successor. there will be plenty of time for me to do so. >> reporter: top democrat harry reid called for the seat to be filled right away. as for a timeline, a senior obama administration official points to the previous supreme court nominations, both taking a month. >> he has every right to do it. the senate has every right to not confirm that person. >> reporter: but senate republicans are pledging to stall, saying the president should allow the next president to appoint. the problem with eight justices, their only options are to leave the lower court's decisions intact if they're divided or hold the case over until a replacement is confirmed. >> if the republican leadership refuses to even hold a hearing, i think that is going to guarantee they lose control of the senate.

stkpwhrr a few more details about the death of justice scalia, he did die of natural causes. he was pro announced dead over the phone. back to you. joe johns, thank you so much at the supreme court. this is shaping up like a battle we have never seen before. republican leaders tell a president, don't even bother nominating a replacement. they plan to block him every chance he does. the president has made it clear he will do it anyway. cnn white house correspondent michelle kaczynski traveling with the president. quite a trip for the president, michelle. >> reporter: yeah. the timing is strange. it is not expected to affect the business on this trip, though. the president will put forward a nominee. and it is just as much the duty of the senate to give that person a timely confirmation. and we know at this point the odds of that seem very unlikely. but the white house doesn't want to weigh in on all of that.

all the republicans are saying about this needing to wait until we have a new president. here's what they are saying in the white house's latest statement. given that the senate is currently in recess, we don't expect the president to rush this through this week. at that point, we expect the senate to consider that nominee, consistent with the responsibilities laid out in the u.s. constitution. so is the white house is making that abundantly clear. we know the white house counsel is expected to meet. there are teams out there already on the president's short list. he will likely want to meet with each in person, possibly four or five. even though the white house doesn't want to lay out an exact timeline on this, they are saying the president will do it in due time. it took a month before he started considering it and when he announced the nominees. >> finding the nominee will be the easiest part of this

process. let's bring in david gregory of "meet the press" and jeffrey toobin. the idea that the president should not or cannot nominate somebody because he is in the last year of his tenure as president is silly. >> it's just -- that's a political assertion. it has no legal basis >> put up the graph we have for people at home. >> anthony kennedy was conferred in 1988, the last year of president reagan's term. there have been other nominees. but the stakes are enormous and the republican senate doesn't want to give barack obama another seat. it is not about law. it's about politics. >> nice to meet you, by the way, on tv. let me say to you, they are

supposed to decide on voting rights, affirmative action, power of labor unions and obama's health care and immigration policies and abortion. >> this is huge. this vacancy is so important. >> it would tip the balance. that makes the stakes even higher. it is true that the supreme court has historically acted with eight justices in the past. when they decide evenly 4-4, the lower court opinion is affirmed but it doesn't become a precedent for the whole country. >> it does become the law of that circuit. >> which is a very big deal. >> the supreme court overrode it at some point. >> the supreme court is not designed to operate with eight justices. it can.

it has. it is not something the justices prefer to do. >> david gregory, they say we're not going to allow anyone you put up there. what is the plus/minus. >> this is a highly charged political environment. underlining the crucial importance of this, idealogically, philosophically for the court and the country. the prospect here of changing a 5-4 conservative court into a 5-4 liberal court. this is a huge deal. as i think back to president bush's time in office, he didn't have this kind of earthquake political and idealogically on the court. neuer has obama to that extent. one of the reasons, speaking to conservatives is that antonin scalia was their guy. he was the intellectual father

of originalism in the modern era since 1986. how many candidates on the on republican side have said they would nominate someone in the mold of scalia. he is that big. regardless if the president puts up somebody, absolutely there is going to be a fight. if that nomination goes nowhere. and i think there is a lot of energy on the left in the fall. on the right, i think there will be a lot of energy no matter what happens. i think the stakes of the supreme court become all the more higher in the absence of scalia. it is true now in the nominating primaries as well as in the fall campaign. the question i would ask for jeff is there a danger of a failed nomination for the potential no, ma'am any? sriv is ivasan. if he has nominated is there a reason hillary clinton would not just pick up where president

obama left off. >> at a human level, does anyone want to accept a nomination under these circumstances. >> he could be put up again. >> he could be put up again. supreme court nominations, the way the justices look, i will get beaten up for six months and spend 30 years on the court. you have the prospect of getting beaten up for 10 months with virtually no chance of getting confirmed. it does raise the possibility that a president hillary clinton, president bernie sanders would nominate you later. but there will certainly be more second choices about accepting this nomination than there would be under normal circumstances. >> can we consider how the justices would feel. you wrote the book. i was reading the opinion piece from david axelrod. he was sitting around a table at the white house correspondent's dinner with justice scalia who was saying at the time when there was a vacancy he would hope elana kagan.

he ultimately said to david axelrod, i just want someone really smart. >> the justice's views are not that important in this matter. the fact that president obama nominated the first hispanic to the court is the biggest part of his legacy. these presidents think about these as a big part of his legacy. what the justices actually think about it is not all that important. >> sometimes they let their views be too much known. those who decide not to come to the state of the union, they have a choice whether or not to come. saying it's too politically charged. also, david, what will be interesting here, do you think this might be the first process where the pretense of nonpartisanship in terms of --

not whether or not we want your selection approved. it is not about politics. it's about the law. do you think this would be the first time where they kind of step past that and say it is about the politics, the positions. i want this man and woman to be on my side. >> i think still not overtly. i don't think you're going to have presidents or vetters asking questions on particular matters. i think any jurist with the integrity of what it means to be a judge would not opine specifically on those hot button issues. but i think there is no question that as jeff alluded to, the president wants to think about the eye tee logical battle at stake and what's best for the country. i talk about this as ideological war in its purist and noblist form in this country. this is a contest of ideas and philosophy and interpretation of a document. one of the things that's true about scalia and his view of

rid originalism is something that i think has largely failed on the view of the modern day court. you talk about the politics of this. of course it doesn't matter to the justices. you heard chief justice roberts say just in the past couple weeks how he laments the fact that the court as an institution could suffer because it is so politically polarizing right now. we have seen john roberts being used as a punching bag in the republican debates. >> all right. gentlemen, we'll have is to see what the next page is in this situation. >> good to see david gregory. >> it is. so good. >> a generous addition to the team to be sure. always welcome. j.b. >> thanks so much, chris. the race for the white house becoming something of a family a affair now for jeb bush. george w. bush will hit the campaign trail tonight. what will this do for the jeb bush candidacy?

athena jones live in north charleston, south carolina with more. athena. >> reporter: good morning, john. the bush team is perhaps bringing out their biggest gun, george w. bush. this is a whole new stage in the race for jeb. george w. bush hitting the campaign trail tonight for the first time since leaving office. >> is he a popular republican? you bet he is. >> reporter: the former president giving his younger brother a helping hand as the battle for south carolina heats up. >> i know jeb. >> reporter: he already lent his famous face for an ad for jeb. his guest-starring role on stage tonight is part of the bush camp's effort to pull out all the stops. after a dismal sixth place finish in iowa where his brother won.

>> and thank you, iowa. >> reporter: and a better than expected fourth place in new hampshire where his father won. >> i want to thank the wonderful people of new hampshire. >> reporter: jeb is hoping for a strong showing in south carolina which handed primaries to both presidents bush. >> this is the right time. right when the interest -- when it's important and when people are watching. >> reporter: bush, whose campaign logo doesn't even include his famous last name, and began his run stressing he would be "his own man" is now embracing his name. >> i'm proud of my dad. i'm proud of my brother. i'm proud of being a bush. >> reporter: but that extra dose of brotherly love is bringing in an extra dose of scrutiny. >> obviously the war in iraq was a big, fat mistake.

so we have been talking about scalia all morning and what will happen.

we have alberto gonzalez coming on the show. he understands the supreme court and the politics. what does he think should happen and why? new company... one totally focused on what's next for your business. the true partnership where people,technology and ideas push everyone forward. accelerating innovation. accelerating transformation. accelerating next. hewlett packard enterprise. whfight back fastts tums smoothies starts dissolving the instant it touches your tongue and neutralizes stomach acid at the source tum, tum, tum, tum smoothies! only from tums pure is big, bold and just better. pure is mccormick. the smallest pinch of pure mccormick can make meals legendary. we want to help you realize the rich taste that pure can bring.

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the passing of supreme court justice antonin nino scalia set forth a political battle who will replace him on the court. none will replace him in terms of his influence on this court now for sure. what are the capabilities, what are the possibilities. what should be considered in the situation. we have a man who can give us excellent perspective what's going on with replacing justice scalia and other dynamics right now. former u.s. attorney, now the dean of belmont university college of law. it is really, really good to have you with us, alberto gonzales. thank you for being with us. dean, as i will call you now. >> always a pleasure to be with you. >> please, if you would, will you share a memory you have of when the chief rehnquist passed,

who scalia was as a man and what it meant for him to be on the court. what is your recollection? >> 2005, the chief justice just passed away. as attorney general i went over to pay my respects i was greeted on behalf of the court. what i remember is how emotional he was. he talked about how he had just spoken with rehnquist. he was now gone. and the look of shock on his face was memorable. i had that same shock this weekend when i heard justice scalia had passed away. stk >> he was a giant. a giant to his kids. equally for the court. he was an intellectual giant and somewhat of an impact on the court. do you believe that it is a significance that can be replaced with whoever the

nomination is. >> of course he leaves a tremendous legacy, particularly for conservatives. and who president obama nominates to fill the seat is going to be very, very important to the future of this court and the future of the jurisprudence of this country. and i know there's a big debate whether or not obama should nominate someone from my perspective having worked in the white house and at the department of justice. but there is just no question in my mind as president of the united states you have an obligation to fill a vacancy. so i suspect president obama will do his job. after he does his job and nominating a qualified individual, the senate will do its job. there's talk that the republicans are threatening to block the nominee. unfortunately in the confirmation process there's always politics involved itself. you have had democrats in the past block republican nominees.

you may have the same thing in this particular situation. the president has to do his job in nominating the individual and the senate does its job to decide when he is qualified for a lifetime appointment on the court, based on experience, ideology, and based on integrity. >> the idea that president obama should not or cannot nominate because he is in his last year is without any basis in law or really in history. the question is what are the practicalities. do you believe there is a risk to blocking this nominee at this time? especially if someone is picked as a nominee who has been unanimously confirmed in the last couple of years. >> from my perspective, that really matters little. is circuit court judges are often confirmed without much scrutiny, without much

questioning in a hearing from. my perspective it's a much different ball game. it tells me nothing whether or not he should be confirmed for a lifetime appointment on the u.s. supreme court where you have to deal with how do you interpret the constitution, how should precedent, affect your decisions going forward. from my perspective it matters little the vote at the lower court level. >> i want to get your head on something else, dean. what we heard from donald trump about how george w. bush knew he was giving bad information to the country, that there were no weapons of mass destruction, and that's why the iraq war is was a mistake. do you think there is validity to that? >> absolutely not. ive sat in on every principal's meeting when we talked about iraq. everyone in "the situation room" believed there were stockpiles of weapons of mass destruction.

and i think what you heard in the debate are comments from someone who is ignorant by how these decisions are made. again, i think it just reflects comments from someone who doesn't understand how difficult these decisions are. there is no other job in the world like being president of the united states. no job even as a ceo can prepare you for making these very difficult decisions. >> so the man has the there were no weapons of mass destruction is going to hit the campaign trail for his brother in south carolina. what do you think people should expect from george w. bush in terms of how aggressive he is in terms of justifying his own legacy and supporting his brother. what should we expect? >> i don't think it will be about discussing his legacy, talking about himself.

he will be talking about how difficult that job is, what that job requires. talk about why jeb is the right person for that job. he knows jeb obviously very, very well. he knows jeb's character and intelligence. i think what he will focus on is jeb and why jeb is the best person for the job. i don't think he's going to be talking about what his experiences were so much or his legacy. he wants to talk about the future of america and why jeb should be at the forefront of that future. >> dean alberto gonzales, thank you for being on "new day". welcome. and come back soon. >> you bet. thank you. a quick programming note for you. if you watched the debate saturday night you're like, oh, my, they're just yelling at each other. we have an event for you. two-night event. you're going to get to see all six republican candidates. not just going at it with each other. they're going to take questions directly from south carolina

voters. for the very first time in this campaign in a live televised town hall on wednesday and thursday nights. why two? because you have a big field. we'll split it in half. anderson cooper will moderate. marco rubio, ted cruz wednesday night. jeb bush, john kasich and donald trump thursday night. both nights will begin 8:00 p.m. eastern only on cnn. the first of its kind, j.b. >> remember, just two days before the south carolina primary. so this will be pivotal. meanwhile, battle lines drawn to the wake of justice scalia's death. we'll look at the political implications of his passing on the race for the white house, on the white house itself, on the senate itself. this could have an impact that lasts generations. to thrive under pressure.

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truly epic implications following the death of supreme court justice anthony scalia. some say they should wait tore

the next president. president obama said he will present the nomination. what does this mean for the white house? what does this mean in the race for the white house? what does it mean for the senate? joining me is mark preston and political recorder manu raju. we keep presenting this as what will the senate do. it seems to me mitch mcconnell made crystal clear what the senate will do. that is nothing. they will not entertain the notion of the president nominating someone to replace justice scalia. >> mcconnell has not ruled that out yet. he does not weigh in on whether or not allow a vote on the senate floor. senate judiciary committee grassley has not ruled out having a hearing and a vote even though he wants the next president to actual nominate someone. now, we do think it is very up

likely there will be votes on the floor and in the committee. but that has not been something they have ruled out yet. why? mcconnell has not taken the full temperature of his conference. there are a number of republican senators who are in very tight reelection races, particularly in blue and purr pep states. if they start feeling a lot of pressure and demand a vote that could potentially change the calculation. but as we know, john, it will be hard for the white house to get anybody confirmed in this political environment. they will need a significant amount of republicans. republicans are outright opposed. >> mark preston, senators up for election in purple or blue states. kelly has said she does not think the president should pick the next supreme court justice.

rob portman in ohio. open seat in florida. there are tough races in states that could go either way. how does the supreme court pick play in these senate elections? >> it is a two-step thing. there is a senate race. it was going to be a sleepy summit in washington. certainly there is going to be a battle over the supreme court nominee. they are all battling for reelection right now. and these are all states that barack obama won back in 2012. to at least say they want a vote to happen. the reason being is independent voters might look at the obstruction or this discussion of obstruction as more washington dysfunction and why washington needs to change. in addition you will see the likes of ted cruz who argued

before the supreme court many times and marco rubio will insert themselves. two senators who can do so and try to boost their own cancelled days. as manu so accuracy and definitively says, we will see a battle in the senate. >> just explain quickly to me why democrats think this helps them in the presidential election but also the senate election, why they like democrats fighting over the supreme court nomination. >> it's all about rallying your base. looking at your voters and saying, listen, if you don't come out and vote in november, this is what's going to happen. they are going to put another conservative on the court. if we can't put another democrat into the white house, we need to take back the court. the court is always a battle, john, over and over again about the future of the country. we'll also see republicans as well. this is going to be a big base rally argument. >> all right, manu, now explain why the leadership does not want the show of having hearings or might not want the show of

having hearings, might not want the show of having a floor vote. what is the image they're trying to protect themselves from showing? >> they don't want the really -- whoever the president nominates, to get a lot of support and steam beyond their nomination. i think they would rather put their foot down now and say this is the time we should just punt this until the next president, until the next congress gets sworn in rather than having -- getting a nominee who will get a head of steam and be pushed by the white house. it is similar to what mark was saying that republicans believe this is a base rallying cry on their side as well. they could take to the senate races and say, look, you need to re-elect at a republican senate majority. that will be a firewall against a liberal justice. even if the top of their ticket tanks, they can say a senate majority will be instrumental in preserving a potentially

conservative supreme court balance, prevent hillary clinton or bernie sanders from naming a liberal justice. that is going to be a huge argument in all of these states. >> thanks for being with us. we did invite i believe every member -- every republican member of the senate judiciary committee to come on and talk about this. none said they would do it. it shows you how sensitive this is and what in her willing to talk about and not talk about publicly. that is an interesting note. >> or how they feel about you personally. just saying. >> there is the possibility of that. >> baldwin says she loves you, for what it's worth. at the first and at the last, this was a man who many, many loved. and he had many deep loves

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to be sure, we lost a giant.

scalia was a beloved family man. he had nine kids. he had rich, deep friendships with all kinds of people that make a mockery of the kind of political distinctions we see today. then you have his huge, profound, and continuing influence on the supreme court as we understand law in this country. so let's talk about what was lost in the form of this man. we have brian garner, professor at southern methodist university school of law. he really knew nino scalia. he co-authored two books and considered him one of his most loyal friends. brian, i'm sorry for your lost. i'm sorry that you lost your friend. how is the family doing? how are his friends doing? >> i think the family is rallying together. and his friends everywhere are in mourning. it's a very difficult time. very difficult for the few of

us. my wife and i, along with our publisher, took a two-week tour of asia just three weeks ago. so we spent two of his last three weeks with him. and having spent that much time, in speaking engagements in singapore and hong kong and seeing him so robust and so strong, this does come as a real shock. >> he was a bear of a man. even ifhis stature alone didn't suggest it, then certainly his presence did. when he would answer his question about his background, he would just simply say i'm an italian guy from queens. what was he about inside? >> well, he was a deep thinker. he was steepet in the federalist papers, english literature and legal literature.

he was an outdoorsman. he loved hunting. he was a great wreck on tour. he was able to tell stories second to none. one of his favorite jokes was about congressional representatives and their demagoguery. i might just share it with you, if you would like. >> please. >> he liked to re-gail small groups to this story of a public execution in a town square down in texas where a man is about to be hanged back in the 1920s and 30s, everybody would conjugate. and the mayor of the town comes up to the man and says, by the way, it's tradition in our town before execution you are allowed to say some words to the group. and he says, i really would prefer not to talk. just put me to death. and the mayor said, now, sir,

you can criticize the executioner. you can criticize the judge. you can do anything you would like. if you address want to address the crowd. and he said, no, i think not. i would like to just go forward with the execution. at that point a congressman out in the audience said -- yelled up, would the man yield his time? and the mayor says, the congressman wants to speak. he would like you to yield his time. and the condemned man then said i don't mind if he speaks but please kill me first. >> very funny. now, when people look at justice scalia, there is a father of principal. when you look at associate justice ginsburg or so many

others, it seems people often miss the appeal of the man by just looking at his decisions. just that one facet of him. what do you miss if you just look at scalia as the supreme court giant? >> he was a warm, companionable man who i've never known anybody who was so much sheer pleasure to be with. he loved to josh. he loved to cajole. he liked to do a good deal of kidding. but he was a very warm and caring man. on our trip to asia, he came up -- we were sitting probably four or five seats apart from him, my wife and i. we were in business class. and he would come up six or eight times just to check on how we were doing. we would go back and check on him as well. a couple of times my wife was

sleeping and he came up and shook her and said what are you doing? is and she said, well, i was sleeping. and he said, okay, i just wanted to make sure you were okay. >> i know this comes as a big shock to you. he was a tennis player. he recently told you he wasn't going to play anymore because his shoulder was bothering him. he was joking they lost a giant of the game of tennis. >> that was our last conversation. he called me wednesday morning and he announced, brian, the world of tennis lost a great competitor. he loved that phrase, great competitor. we used it in one of our books. great competitor is a phrase of his. he thought that he had frozen shoulder. we had been going to the gym every day together in hong kong working out. and i had labeled myself his physical trainer.

and i was trying to help him get his problems worked out with his shoulder. but it turned out that it was a torn rotator cuff. and he said he would never be able to play again. but he was very cheery about it. he said, brian, i can live without tennis. that makes it all the more sad. >> certainly we don't want the man to be lost in just the legacy of being a supreme court justice. >> people talk about supreme court justices as being somehow divorced from the reality of every day society. not justice antonin scalia. he had nine children in all walks of life, 35 grandchildren and he was as dedicated a family man as you could ever imagine. >> certainly it stands as testimony when people ask about

him before he would say he is a judge he would say i'm an italian guy from queens. i'm sorry for your loss. your friend will be remembered for much more than just his decisions. our best to the family. >> thank you, chris. so special. thank you so much. meantime, former new york governor elliot spitzer finds himself in trouble facing accusations of assault. we have those details next.

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this morning an investigation is beginning into whether former new york governor

elliot spitzer assaulted a woman in new york city. according to sources the woman is claiming that elliot spitzer choked her. spitzer spokes woman denies that completely. joining us this morning to walk through this criminal defense attorney midwin charles. so like i said the spokesperson for the governor denying. she says she was choked. she went to the hospital. no charges have been filed. what is standard procedure? >> standard procedure is prosecutors if they are involved and the police they are looking at the facts of the case and the extent of her injuries. that usually is what drives an assault charge. that to me is what this sounds like. now, third degree assault in new york usually is defined as the intentional and reckless cause of injury against someone or being criminaly negligent with a weapon. it is a minor charge in the

sense that it is a misdemeanor and carries a jail time of up to just a year. here is where it gets interesting is if they are charged with second degree assault that charge is a little bit different, a bit more stiff and carries up to seven years in jail. the distinction is whether or not there are serious injury to the victim. >> let me move back to the victim in a second. let me read a statement from nypd. manhattan detectives are currently investigating allegations of an assault which occurred yesterday. the victim indicated the subject is elliot spitzer. through an ongoing investigation we are attempting to further establish the identity of the subject. so according to sources i think at the hospital telling cnn she came to the hospital with self inflicted cuts to the wrist. he appeared at the hospital. she has gone home to russia. how would that effect the case if she is not here if charges

were to be filed? >> i think it would be difficult from the perspective of how are you going to assess what her injuries are. it is possible that you could look at medical records at the time she went into the hospital. usually prosecutors like to talk to the victim and get a sense of what happened. they also like to get a sense of what is the relationship of two people? in other words, if you know someone there is a likelihood that perhaps something happened or there may have been impetus for something to occur. >> he used to work here, what about past transgressions? >> it may factor into it from the court of public opinion. i think you may have seen the cover of today's paper here in new york. he is seen as someone who perhaps is not necessarily of the moral high ground. he was the former governor of new york in 2008 he resigned

some say in disgrace because of a prostitution scandal. it should have no bearing on this particular case. everybody is innocent until proven guilty. one thing prosecutors and police have to do is work together to ensure or figure out what happened that really is what you have to do. get the facts. >> thank you so much. we are following a lot of news this monday morning. let's get to it. justice antonin scalia was a larger than life presence on the bench. >> the american people don't like this obstructionism. >> a potential minefield for everyone. >> the next president will pick a replacement for justice scalia. >> president obama should make that nomination. >> it's called delay, delay, delay. this guy will say anything.

nasty guy. >> more than a little irony in donald accusing anyone of being nasty. >> george bush made a mistake. >> i'm sick and tired of him going after my family. >> the world trade center came down during the reign. this is "new day" with chris cuomo. >> good morning. welcome to your new day. february 15th, 8:00 in the east. brooke baldwin is here. john berman just won't leave. antonin scalia is gone. his death a huge loss for his family and for the supreme court. it also sets up an epic political battle. republicans including those who want the president's job say president obama should not pick a successor. that should come for the next president. >> the question emerging, could vulnerable republicans ask party leadership to reconsider the

fight instead of risking losing their majority? all three major branches of government in play. let's begin our coverage with cnn senior washington correspondent joe johns there in front of the supreme court. >> reporter: snowy day here at the united states supreme court. the flag is at half staff. the body of justice scalia back in his home state of virginia. the court and the country thinking about and pondering what will happen next now that the single most important figure in conservative legal thought has died. the body of justice antonin scalia returning home to virginia this morning. the 79 year old died here in his sleep at a texas resort over the weekend. funeral plans for the supreme court's conservative voice are underway and so is the epic political battle for his

replacement. >> president obama in my view should make that nomination. i hope he does it as soon as possible. >> there is no way the senate should confirm anyone that barack obama tries to appoint in his last year in office to a lifetime appointment. >> reporter: the republicans fear another nominee would tip the scales. in the coming monthathize supreme court justices are expected to take on hot button issues including obama care mandate requiring most employers to cover birth control. >> i plan tonominate a successor. there will be plenty of time for me to do so. >> reporter: top democratic harry reid called for the seat to be filled right away. a senior official points to the president's previous supreme court nominations both taking about a month. >> he has every right to do it. >> reporter: senate republicans

are pledging to stall demanding mr. obama allow the next president to make the choice nearly a year from now. the gop hoping this could rally conservatives against a potential liberal shift on the high court driving voters to the polls come november. their only options are to leave lower court decisions in tact if divided or hold the case until a replacement is confirmed. >> if the republican leadership refuses to hold a hearing i think that is going to guarantee they lose control of the senate. >> reporter: there had been concerns and confusion about the circumstances surrounding scalia's death. a county judge in texas confirming that he did die of natural causes and that he was pronounced dead over the phone after consultation with law enforcement authorities. >> thanks so much. what does the president do now? how hard is he willing to fight

over this in his final 11 months in office. traveling with the president in california. good morning. >> reporter: the white house keeps insisting it is the president's duty to put forward a nominee but it is just as much the duty of the senate to give this person whom ever it will be a timely confirmation. the odds of that right now not looking so great. the white house doesn't want to weigh in on that. they don't want to talk about all the republicans are saying about this needing to wait until we have a new president. here is what the white house is saying in a statement. given that the senate is currently in recess we don't expect the president to rush this through this week. we will do so in due time once the senate returns from recess. we expect the senate to consider that nominee consistent are responsibilities. we know the office of white house council is starting to take on the task.

they will have to vet people rumored to be on the short list. some names out there several federal appeals court judges and current attorney general, white house isn't giving anything away. as joe johns was saying if you look at the past it has taken a month for the president to present his nominee. that could also be the case this time around even though we do have a sense of urgency surrounding this. >> thank you very much. appreciate the politics side of this. let's try to get perspective on all of this. there are a lot of different pieces to this. good thing we have big brains this morning. david gregory. this is a bit of a headache. we have a loss of the man. that is not a headache. this man was a giant. now how you deal with what happens on the court. there are all of these precedents at play. one thing that is not a

precedent is the idea of president obama not having the right or even politically not nominating somebody because he is near the end of the term. it does get complicated in terms of what can be done here? >> this is ultimately more about power than principle. republicans recognize that the supreme court was before justice scalia died five to four conservative majority. scalia is gone. this gives president obama the opportunity to reshape the court for a generation. they don't want to let him do it. that is really what this is about. and with a year left in his term they can run out the clock if they want because the republicans -- there's nothing about precedent or law. it is an exercise of power by the republicans in the senate. >> they put together a graphic as you have been raising good questions. we have had periods before of how long before a nomination.

>> 99 days the longest. we have the graphic here. you can see how long it has taken. it is a process in any other circumstance. here we are in the midst of this presidential election and i'm just curious how as i'm thinking of republican candidates on the stage debating all of this and talk about we are up against hillary clinton how do they use this? >> 16 years is the prospect of 16 consecutive years of democratic rule in the white house if hillary clinton becomes the nominee and the president is a two term president. if you are thinking about the supreme court you are talking about the generational change under scored by the fact that the conservatives have lost really the intellectual god father, modern movement in antonin scalia who has had so

much impact. i think that is huge. the other piece is pure ideology. would there be movement conservatives? ted cruz is in a position as a former clerk himself and a lawyer and a supreme court advocate to really make a very coherent argument about the kind of justices who should succeed a scalia. both parts of it including the fight in the state like south carolina that is coming up in the next few days. >> if i can just add, the court is now at an unusually old group of people. ruth ginsberg is 82. anthony kennedy is 79. it is not just scalia vacancy that is on everyone's mind. there is also the prospect of

wholesale changes at the court if retirements take place in the age group that they usually do. >> in terms of what they want this is something that needs to d be kidiscussed. >> we want to talk about what they want. it seems to me like real balderdash at some point. you have ted cruz. you have ted cruz who is relying on the definition of being eligible to be president which isn't an originalest notion. he might be in trouble on that. there is a hypocrisy to what they say they want and what they really want. >> what they want is results. does the constitution protect a woman's right to choose abortion? may congress regulate campaign contributions? those are the results people

care about. the intellectual architecture that gets you there i think matters less. >> what happens when you think of cases in front of the supreme court, affirmative action, health care, what until there is a ninth? >> what happens from a practical point of view is that the lower court decision stands and represents the law of the land for the circuit for the states that that circuit represents. that is the status quo. there are no precedents established for the whole country if the court divides 4-4. most of the decisions are substantial majorities or unanimous so those cases go forward as normally. the hot button cases may likely be kicked down the road. >> we have a treat for you. we have scalia's biographer.

let me get the right pronunciation of your last night. tough to say your name. tell us about the man. i love that when people ask about his background for all the genius he is associated with he would say i'm an italian from queens. who was the man? >> that helped him get confirmed even teddy kennedy with all the italian americans in massachusetts had to vote for him knowing how conservative he was. so he was an only child, first generation italian american. he was the only offspring of his generation, too. he has been in the spot light since birth. he was fun. he loved to play poker. he sang, played the piano. obviously loved to hunt and that is where he was this weekend. he once asked me about had i

gone turkey hunting. he said the thing is when you are waiting you have just one shot. i always remember him talking about the one shot to get the turkey in terms of his idea of his one shot in life. some of them are getting up in years. is that a correct way to say it? i'm fascinated by the relationships between some of these justices specifically i know you know all about the relationship and the friendship between justice scalia and ginsberg. >> justice ginsberg is our most senior justice. justice kennedy is about to turn 80. they were appointed for life.

they're in closed quarters for day in and day out. it is like a family and the dynamics among all of them. she said i just caught the end of what you all were talking about. i wonder if you mentioned what she said. all of them even the justices who weren't as close to him all thought of him so fondly. there was a lot of eye rolling around him like that is our nino. they sort of accepted him for that even though he drove many of them crazy. justice o'connor who is now retired his behavior sometimes would push her more to the left. justice stevens who is also retired really considered him a good friend although would be like that is nino. he was such a force to be reckoned with. it is hard to imagine what the

country will be like without him on the confines of the marble palace. >> because of politics surrounding him give us a little bit on where politics were. i'm reminded by he and my father had a lot back and forth. scalia used to tease my father and say why do you mess with his politics? you know your own head. you should get back into the law. where was he on politics? >> he came in on the nixon administration. he was a hard core republican. he didn't show it so much. he worked in the ford administration. he was ahead of the office of legal council. he was very political. i will never forget seeing him in 2009 right after david suitor announced his retirement. i went to see him and i said who do you think it would be. he said he has to appoint the first latino. he got all of that. right now he would be thinking

he would be gaming it out like both sides are gaming it out now. he was very committed. he was very committed to richard nixon, gerald ford and then he was a ronald reagan appointee. >> what do you think he would think of plitization of what this will mean not just for the fight to become president, the current republican majority of the senate, the big picture implications. what would he think? i think he would be scared knowing where the cases would go. i caught jeff talking about what is at stake here, so many cases that could have gone 5-4 without him would go 4-4 or maybe have to be re-argued. this already was the most politically charged term we had in years with the array from affirmative action to abortion to death penalty and

immigration. i think actually despite his right wing ideology and political leanings he would be concerned about what is going to happen to the law of the land. can i ask you to talk about something which i think is a fascinating legacy of justice scalia is how oral arguments changed at the court once justice scalia joined in 1986. >> they used to be a quiet bunch. we had thurgood marshall. they didn't talk much during questioning. many people talk about the fact that clarence thomas didn't speak. it used to be they wouldn't speak much. he comes on and has the law professor style and he is so certain of himself and confident that he is asking so many questions nonstop really shakes

things up. now it's the norm up there in part because we have more law professors who have joined the bench and more give and take. he also -- you probably remember this, he could be really mocking and humiliate the person standing at the lectern. he would say something like are you reading from that and try to embarrass the guy. one time he said if somebody was stumbling to find the answer he said when you find it could you shout bingo. we would laugh but there was -- it was tough if you were in his sights. >> one theme behind this man as an individual was decisiveness. let's play on the irony of that.

we are coming into replacing him in an atmosphere all about being indecisive. the politics are obstruction. what is the plus/minus on that? >> both sides have a fight and an argument to make here. if you are the president you are certainly going to nominate someone understanding there is a broader legacy to the obama presidency here and the future of the court moving in a potentially more progressive direction. if he has a democratic successor in hillary clinton or bernie sanders. on the right there is a more visceral sense of we just lost our guy, somebody so important to movement conservatives so there is a substantive piece of that. there is the direction of the court, as well. you have a lot more grass roots organizing that goes on on the right to turn out voters for whom the supreme court nominee is a huge issue. it's not just antonin scalia now

but all the potential slots that open up over the next four to eight years. i think that becomes tremendously important. i just wandered to what extent antonin scalia saying about bush v. gore to critics get over it. i wonder to what extent he struggled with that as a decision given how humble and quiet he wanted the supreme court to be in american political society. >> do you have an answer to that? >> humble and quiet aren't two of his watch words. what he couldn't get over were decisions that went the opposite way, for example, gay marriage. he remained confident about the decision in bush v. gore and batted away anyone who would encounter it. >> final question knowing this eight how would he feel about president obama nominating

someone now versus as we are hearing from republicans doing it down the road? >> well, that's tough because i think institutionally he cared so much about the supreme court and the law that i don't think he would want the court to go for a long time with just eight members. i can hardly speak for him but i think he believed in this court of last resort, but, you know, he probably would have misgivings about a liberal succeeding him. how ironic, a liberal succeeding this man who has had such a conservative imprint on the law. >> thank you very much. what a great discussion about this guy. let's be honest. scalia was not quiet. we know that he didn't like what was going on in the election talking about how the supreme court doesn't make the law of the land. >> and the bingo line. >> he didn't like the dialogue going on right now in this

election but was not alone in that. let's make that turn as we go into break. this weekend what an ugly demonstration of what politics has become. they were going at it but the level at which trump and cruz were going at it. we are going to talk to a trump spokesperson about how this is going to help or hurt him in south carolina. here's a little healthy advice. take care of what makes you...you. aveeno® daily moisturizing body wash and lotion with active naturals® oat. used together, they provide 2x the nourishment for beautiful healthier looking skin. aveeno® naturally beautiful results® wheall i can think abouthit, is getting relief. only nicorette mini has a patented fast-dissolving formula. it starts to relieve sudden cravings fast. i never know when i'll need relief. that's why i only choose nicorette mini.

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the next president is going to appoint four supreme court justices. if donald trump is president he will appoint liberals. if donald trump is president your second amendment will -- >> gentlemen, i'm going to turn this car around. >> ted cruz with your brother wanted john roberts to be on the united states supreme court. he twice approved obama care. >> those are some calm moments from saturday's debate in south carolina. as you heard the early response to justice antonin scalia's death made for fiery exchanges in the very tense debate. the trump campaign trying to hold off ted cruz in south carolina. the primary is saturday. joining us now spokesperson for the trump campaign. thanks for being with us. >> good morning.

>> ted cruz says donald trump would appoint liberal judges. ted cruz says donald trump is supportive of some of the things that planned parenthood does. he said it at the debate saturday night. he said it again on sunday. let's listen to that quickly. >> donald trump is not a conservative. for his entire life he has been self described very pro choice. he supported partial birth abortion. yesterday he defended planned parenthood and federal taxpayer funding. george, have you seen a republican on a republican debate stage defending taking federal taxpayer money and giving it to planned parenthood. he said he thinks they do terrific things. >> what are terrific things that donald trump thinks that planned parenthood does? >> to your first sound byte it is interesting because very opening question of that debate went to mr. trump about his supreme court pick. that is not a liberal.

senator cruz took that opportunity to try to make his case. with regard to planned parenthood mr. trump said that planned parenthood does do cervical cancer screenings. that is a good thing when you are a poor single mom in a neighborhood that doesn't have access to other clinics. mr. trump is against abortion funding and we do know that if planned parenthood does continue to receive federal funds from the government those funds are fungible. there has to be a way to say no more abortions or go start a different clinic. federal government should not be funding abortions. >> you understand donald trump's position saying they do good things even for cervical cancer puts him in a different place than other candidates running in south carolina five days before the primary. >> donald trump is that candidate that is outside the echo chamber. most are in the hall of mirrors which makes it dangerous. you can talk about life saving

things like cervical cancer screenings without talking about leaving poor women unattended and still being against abortion. you have political talking points. you have rhetoric coming out of the far right who want to ignore the fact that there are poor women who need cervical cancer screenings. some of those clinics are not in those areas. mr. trump is stating that. that is what he is talking ing about. >> does donald trump consider himself to be part of the far right? >> donald trump does not support abortion. he is supportive of traditional marriage and wants to get back to limited government. so that is a republican position. you have those like senator cruz who use planned parenthood as a talking point. to mr. trump's point. >> is mr. cruz further right than donald trump? >> ted cruz is speaking further right. we are talking about a campaign

that is hardly unrecognizable at this point. i will say this to mr. trump's point when talking about supreme court judges which do things like gay marriage and become mr. trump is absolutely right. senator cruz wrote an op-ed praising methodology and praising ability as harvard lawyer and conservative and gave us obama care. >> on another issue which there is a dividing line between many in the republican party and donald trump is george w. bush in his role before, during and after the september 11 attacks. does donald trump believe that george w. bush tried to keep america safe? >> mr. trump believes that 9/11 did happen under george bush's watch. we can't say the president is in charge and the buck stops with the president unless it is somebody that i like. there were lives lost on that day. when you look at mr. trump's guidelines for safety they are

very much different than george bush's or jeb bush's or ted cruz's. mr. trump is the only one running for president today that wants to stop illegal immigration, period. he is the only one that wants to stop and halt immigrants coming in from hostile muslim nations. for donald trump standards of safety he does not feel like jeb bush -- >> does it concern you as someone who has spoken out for conservative causes that when donald trump says that bush lied which he said on the debate stage that sounds like stuff you hear. is donald trump closer to them than he is to the republican party on the issue of george w. bush's lega aclegacy? >> not at all. you have government agencies who had information who may or may not have given it to george bush. did we find out that was not true? everyone agrees there were no

weapons of mass destruction. it was unsettling and we are suffering consequences today. the word choice a lot of conservatives say that sounds liberal. we are talking about a candidate outside the echo chamber and talking about things that all americans consider very important particularly moving forward when we are still having struggles in the middle east. >> thanks for coming on. rick tyler was supposed to be here. we had pretty big technical glitches. we are ready to get him back on. >> we have a unique two night event. all six republican candidates answering questions directly from south carolina voters. this is the first time this has happened in this campaign. two separate town halls wednesday and thursday night moderated by anderson cooper. days before the south carolina primary. this could turn everything

around and it all starts airing wednesday at 8:00 p.m. only on cnn. >> very strong. great to watch that. the clock is ticking for president obama to make his choice for a nomination for the supreme court. where is his head in terms of how serious this is a responsibility? what he would want in a justice and the idea of the politics surrounding it? we have one man who is excellent to answer all of these questions, david axelrod ahead. ♪ ♪ lease a 2016 lincoln mkx for $399 a month only at your lincoln dealer.

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does that mean that you are going to filibuster anyone that president obama nominates? >> absolutely. this should be a decision for the people. >> people don't pick the nomination, the president does. ted cruz knows that. he is playing politics and he is not alone. president obama has every right under the constitution and responsibility as the commander in chief to give us a nomination so what do we think he is thinking about? what kind of person do you think he would want?

what does it mean that there is political surrounding it? david axelrod is the man to ask the questions. cnn political commentator. good to have you here. we know that this -- >> what did i say? >> you are signifying to me. i'm feeling you. >> what did i say? did i put an h on the end of it? >> it's good. >> thanks. when it comes to president obama we know he takeathize court very seriously. he takes the law very seriously. where do you think he is going to be in terms of timing to put forward a nominee and what kind of person we may be looking at? >> i think he will move very swiftly because the shorter the period for contemplation here and the quicker the nomination the more he can make the case that we have plenty of time to confirm a nominee and that we

don't want to leave a year's gap on the supreme court where you have a 4-4 split. i suspect that he is going to choose from that pool of judges who have already been confirmed by the senate, some of them unanimously to make the case that they were perfectly fine the last time you guys examined them and now you won't give them a hearing. quickly and someone who has been vetted by the united states senate. >> you were involved with the nomination processes of justices. i'm just wondering, lift the veil for us. what is the president weighing? what does this process look like on the inside? >> well, he does take it very seriously. i remember his deliberation on the previous appointments. he does think very hard about the court and what he can add to the court about the future and

the kind of personality that he is going to put on there in addition to legal scholarship. he talked constitutional law at the university of chicago. he takes this very seriously. i think all of those things will be in play. i think he will be working with a group of people who he has already been familiarized with. he will probably call them all in for discussions which you won't see. they will use the back door and not the front door and then he will make a decision rather quickly. >> all this hand wringing about the republicans aren't going to allow the nomination. how is it different than what schumer did in 2007? >> look, i don't think there is -- i don't want to -- just as a political matter, the case for the president here is that i don't think there is historical precedent for 13 month gap on supreme court. i think that is unusual.

you hear people keep saying well we really haven't confirmed a justice in the election year since fdr. we have only had two justices who have died in office in like the last 60 years. generally the justices control the terms of their own retirement. this is completely different. so he has a case to be made there. and because you have a closely divided court where you have a number of decisions that come up moonters that are not at 4-4 in the lower court ruling will stand and this will go on for quite a while spanning over two sessions of the court. so that is the case for the president and for the nomination. i think it is important for him to nominate someone who has drawn broad support from the senate before so he can isolate that. one thing you have to consider here is if the senate isn't

going to move and i take mitch mcconnell at his word that he is not going to move and he will just leave the supreme court seat empty, do you want tothrow a promising jurest to be shot full of holes for the next year who might be an excellent supreme court justice in the future? so that may enter into the contemplation. who do we want tosacrifice who would be an excellent justice and may not make it and will have to stand up to a lot over the next year. >> 30 seconds. seven years ago you sat around the table at the white house correspondents dinner with justice scalia and there was an opening. tell me what he told you. >> it was kind of shocking. we had justice suitor just retired. he said i hope whoever your guy sends me, i know it is not someone who lines up with me but i hope you send us someone

smart. i couldn't believe we were talking about it. he said let me put a finer point on this. send us alaina kagen which was shocking because she was from a different philosophical posture. she was dean of harvard law school. he knew her. she was a friend. it was interesting because it said to me i want someone i respect on this court even if i don't agree with them. he ultimately got her on the next appointment and they became closer friends on the court. interesting dynamic. >> he may have come through the nixon and ford administrations but prized intelligence above all else and was often friends with people who didn't share politics. we are not seeing that example being followed yet. let's see if people can catch ongoing forward. thank you very much and for the yiddish lesson. jeb bush hoping his big

brother can give his white house hopes a boost. we will ask former rnc chair, former friend of all the bushes melmartinez if w. helps and if so how he helps in this campaign? (ray) i'd like to see more of the old lady. i'd like to see her go back to her more you know social side. (vo) pro plan bright mind promotes alertness and mental sharpness in dogs 7 and older. (ray) it was shocking.

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what's in your wallet? it is time for cnn money now. good morning. >> happy president's day. markets in the u.s. are closed for the holiday. friday was a great day for wall street. dow snapped the five-day losing streak. wall street's better mood was fuelled by surging oil prices jumping 12% to more than $29 a barrel. it is the biggest one day spike that we have seen since february 2009. crude sitting at just below $30. let's put that friday bump in perspective. the u.s. stock market is off to

one of the worst starts in years both down more than 8% and flirting with bear market territory. investors are keeping a close eye on bank stocks because the sector has been the worst performer of the year. too many red arrows to speak of. former president george w. bush going somewhere where he has not gone since 2004 hitting campaign trail tonight for his brother, jeb . is this an asset days before the key south carolina primary? a very prominent bush supporter joins us next. it took joel silverman years to become a master dog trainer. but only a few commands to master depositing checks at chase atms.

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jeb bush bringing out the big guns. george w. bush emerging from the shadows headlining a campaign rally for his brother jeb today in south carolina. no bush has ever lost in south carolina when on the ballot. what will this mean for brother jeb ? let's ask mel martinez he is a jeb bush supporter. hello. good morning. good to have you here with us. what do you think the plus/minus is on having the former president by his brother's side? >> good to be with you. plus/plus in my book. anytime you can get the former president, the commander in chief in a state like south

carolina i think it is a plus. i was there just a few days ago doing a little campaign frg jeb . it's remarkable the number of retired military folks in that state that live there, the military presence is huge and they love george w. bush. they know what a great commander in chief he was. i think for the president to validate the steady hand of jeb bush as next commander in chief and the need for someone with his steady hand i think is a terrific positive thing. >> i have grown up around you and know your head fairly well. i believe there is a reason you are mentioning among all groups that like jeb bush, military people. anything to do with what donald trump said at the debate where he openly bashed not only the decision to go to war in iraq and made it sound as if george w. bush knew there were no weapons of mass destruction and did it anyway? >> as someone who sat in the cabinet in those debates nothing

infuriates me more than when people say president bush lied because it is such a dangerous and remarkable lie. for donald trump to join with the likes of michael moore in professor that kind of a belief i think is remarkable. i can't believe that he is putting himself out there as a republican to run aa republican primary in the state of south carolina and using that kind of language. you would have to say that not only was president bush a liar but colin powell, condoleeza rice, a lot of people well respected, all of our allies around the world who were of the belief. there was no dispute at the time of the weapons of mass destruction but it was belief of all intelligence services. to put himself to the left of hillary clinton is unbelieveival. >> we know what donald trump is best at. he is best at putting his finger on something that bothers

people. certainly that war bothers people and there being no wmds bothers people. is this his attempt to build a bigger house? >> well, the truth is in my view it is not a particularly positive thing for republicans to be rehashing the iraq war during presidential campaign. that is not smart. for him to continue to harp on that is really foolish. he even suggested that it was president bush's fight that 9/11 happened. that is really pretty remarkable. i think those are positions that are frankly totally out of the mainstream of republican thought which is why i think to draw a contrast today to someone who kept us safe during his time in office and then to validate his belief that jeb bush is the best person to be our next president is a very positive day for us. >> put your head on two different things that i believe

are two biggest missed opportunities in that debate. first involves your man, jeb bush. when he looked at the moderator and said i'm sick of this guy talking about my family about donald trump should he have said it right to trump's face and shut him up? and the second big missed opportunity why didn't marco rubio go back at ted cruz in spanish? >> i think marco blew it. i think he should have. i can remember the first time i think at anytime that i spoke spanish on the senate floor and it took everybody by surprise. the fact is that marco had great opening to come back in spanish phrase in much better spanish pronunciation than what ted cruz showed which would have been a pauc positive, i thought. in terms of the governor he made his point whether to trump directly or not i think jeb is polite and trying to deflect a

little and not just get into the shouting match directly. i thought he had a great debate. i'm not going to give him any minor points on that. i think he did a terrific job saturday night. marco surely could have said something in much better spanish than ted cruz showed. >> appreciate your take, as always. >> good to talk to you. there is a lot of news this morning. what will president obama do to make up the hole that scalia left in the supreme court with his passing? cnn has full coverage beginning right after the break with carol costello in the news room. can a business have a mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul? can a business be...alive?

43 is back. >> i'm a proud brother of george w. bush. >> former president hitting the campaign trail for the first time in more than a decade. >> my brother will help a lot. >> will he give jeb 's campaign a jolt? the death of supreme court justice antonin scalia sparking a fierce political battle. >> mitch mcconnell made it clear we are not moving forward on nominees in the senate until after the election and i agree with him. >> we need a conservative person. >> what is at stake? let's talk live in the