bush -- if jeb bush, sorry, is still in the race of south carolina. another fourth or fifth place finish, how long can jeb bush say in that race? we've got to see the results first. >> we'll see the results on saturday. thank you very much. that's it for me. thanks for watching. "erin burnett outfront" picks up our analysis of the bushes. this is cnn breaking news. >> good evening. i'm erin burnett. outfront tonight, the breaking news. george w. bush on the attack speaking out for the first time at a campaign rally tonight trying to turn the tide for his brother jeb. he praised jeb's leadership and taking a not so subtle swipe at his chief rival, donald trump. >> strength is not empty rhetoric. it is not bluster. it is not theatrics. real strength, strength of

purpose, comes from integrity and character. in my experience, the strongest person usually isn't the loudest one in the room. [ cheering and applause ] >> athena jones is outfront with the bush campaign. no speeches. no appearances. tonight, a very big development. what was the crowd's reaction to george w. bush? >> reporter: well, the crowd loved it. it is a much bigger crowd than we're used to seeing at a typical jeb bush event. that's because of george w. bush who spoke for about 25 minutes. really had the crowd shouting and laughing. at one point they chanted we miss you. we miss you. that sound you just played, that sound byte you just played of him, that isn't the only time he made such a reference. of course, he delivered his pitch for his brother that he

has a steady lahand and the skis to be a commander and chief and that he knows the american people are angry. but he says we don't want someone in the oval office that will mirror and inflame our frustration. he praised governor nikki haley for her work here, for her leadership in south carolina. this is someone who met with earlier today. he said he was go glad that america welcomed her parents when they emigrated here in 1979. george w. bush covered a lot of ground. part of it pitching his brother, selling his brother, and part of it sending a message to some other members of the republican party who are vying for this nomination. >> thank you very much. outfront, the political director for george w. bush and a political adviser for four presidents and dana bash and our

special correspondent. david, let me start with you. george w. bush took a few swipes at donald trump. he didn't mention him by name, but it was very clear what he was saying. here's another one. >> jeb is a man of humble, deep, and genuine faith, faith that reveals itself through good works. not loud words. [ cheering and applause ] >> i think you should look for someone whose humility helps him understand what he doesn't know and surrounds himself with people who do know what he doesn't know. >> is that effective, david? >> i think it is. he made a very strong speech back to back. they looked terrific. they made their points against trump. i think this was really more

positive about jeb and what his virtues are as a candidate. i think the big, big question coming out of this is very late. he's got to finish third in south carolina. right now, he's not running third. can george w. along with the mom give a jolt to the bush campaign, get him up to third and make him much more competitive? if he does that, it was a success tonight. >> you heard athena reporting there were more people at this rally than have been at any jeb rally at this point. it's bad that it took his brother, the former president, to get those crowds to come out. is that going to translate into votes or is this just now there's a celebrity with president bush showing up? >> there's nothing like a president or former president on the campaign trail. george w. bush has been sadly missed -- sorely missed by the party. i think this gives his brother a big boost. i don't know what the downside

of this is. now he's getting some of the positive. he's going to get crowds. he's going to get excitement. he's going to get people that are reminded that george bush kept us safe and george bush had security policies that were good for the country. that's all a win for jeb. >> another thing that came up was 9/11. donald trump brought this up this weekend. he brought up 9/11. he brought up weapons of mass destruction. he brought up the parts of the bush legacy that can be so problematic. i guess the question is, jamie, is this going to help jeb or not, that he has to be tied to relitigate and defend his brother's legacy? >> right. this has been going on for quite sometime with donald trump where he will say these things and people will think that he is imploding when he says them. and then his supporters stick with them.

i think none of this about george bush's legacy is new to jeb, so i'm not sure whether that is going to be a problem. i think the real question is -- look, the speech we saw jeb give today is the best speech we've seen him give on the campaign trail. will there be traction now? is there enough time between now and saturday? i will predict this. common sense dictates that i believe every day this week going into saturday the bush campaign has something planned to try to keep this momentum going. the question is, is it going to be enough? >> dana, is it going to be enough? also, while he is a wildly popular ex-president, does it help to have someone -- it's a backwards looking thing. it's like bill clinton.

hillary clinton wants to use him, but she wants to move forward. same with jeb bush. he has struggled so much to define himself in the campaign. does it help to say i'll go more into the shadow of my brother? >> yes, because he was already in the shadow of his brother whether he likes it or not and he understands that. it's that popularity among republicans that matters right now and nothing else. and you mentioned 88%. i was talking to a bush campaign source earlier today who said they think it is even higher than that in south carolina. the fact that george w. bush took so many not so veiled swipes at donald trump and doing it the way jeb bush has been doing it much more overtly that you don't want somebody who is blustered or inflaming the frustrations of americans, on and on and on, is a reminder in

both words and just in symbolism that we know how to do this guys, republican voters. we're bushes. we get it. i know this other guy sounds really enticing and interesting and he's different, but this is who we are. come back home basically is what he was saying. >> he also reminded people of who he's been. this is the side of george w. bush america hasn't seen in a very long time and a side that the american people find very endearing. >> we're spending a lot of time on a ranch where we're learning to become tree farmers. it gives me time to practice my stump speech. i've written two books, which has surprised people in the northeast who didn't think i could read, much less write. i've been underestimated most of

my life. it's a real shock to people i've become an oil painter. but let me assure you i know that the signature is worth more than the painting. >> i mean, you've got to give the guy credit. the jokes he's able to make, to be so self-deprecating. >> that is classic george w. bush. you notice he mentioned governor nikki haley in the speech and thank goodness her parents her parents were able to emigrate to the country. that was not an accident. her phone has been ringing off the hook. everyone would like her endorsement. her approval rating is 80% now in south carolina. she has said every day that she's thinking about who she is going to endorse. she's taking a hard look at it.

former president bush and laura bush met with her and her family today. and there was some lobbying, i'm sure, that went on. again, it was no accident she was mentioned in the speech. >> do you think he can pull out that third or better finish to continue with just a few days? >> look, i think this race is a very fluid race. donald trump is clearly our frontrunner, but i think people are -- they're going back and forth. we saw in the last two states that there are a lot of undecided voters. i think there's a lot of undecided voters going into this race in south carolina, and i think jeb bush is in the mix and he helped himself tonight. >> erin, can i add one thing? it's going to sound very superficial, but it matters a lot. a big problem for jeb bush has been imagery. he hasn't looked comfortable. he looked more comfortable tonight. there was one thing missing. his glasses.

they were gone. it made him look different. he almost looked more comfortable in his skin. unclear if that has something to do with the glasses. i was texting one of his aides asking them where did they go and they said poof. >> it can make a difference. thanks so much to all of you. next, an all-out war going on right now. an attack by donald trump calling ted cruz a liar, unstable, threatening to run as a third-party candidate. donald trump live next speaking this hour. plus, the war over who will fill justice antonin scalia's seat. it might be bernie sanders most popular proposal. free college for everyone, but guess what. you might be paying for it. we have the numbers. to feel al"♪

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breaking news. you see donald trump there speaking live in south carolina. moments ago unleashing on ted cruz saying cruz is lying about trump's record after trump questioned cruz's character and sanity. let's listen in. >> i have never, ever met a person that lies more than ted cruz. i have never, ever seen anything like it and i think he's an unstable person. >> most definitively a war of words. you see donald trump speaking right now. jason, you've been talking to people at the rally. what's their feeling about these attacks that are coming so fast and furiously from donald trump? >> reporter: fast and furious. erin, the attacks keep coming as donald trump took the stage here tonight. he continued to attack bush on his record, continued to attack him about what happened on 9/11. those attacks continue. the question is, will it matter

going forward. i've spoken to a number of evangelicals out here in the audien audience, and they say in the beginning they feel as though the attacks worked. they liked because they felt he was speaking what they were thinking. he was speaking out of the box. not like a politician. they liked it. they felt as though it worked. when i asked them what happened during that last presidential debate, i said do you think it's still working? that's where we had a number of people sort of split. a number of people saying, look, what we want to hear from him now is more on policy. we want him to sound more presidential. hearing from those in the audience. that was a small minority. the vast majority of the people in this audience still continuing to support donald trump it seems no matter what he says. >> thank you very much. as we watch donald trump speaking here, it's fair to say

the trump-cruz war reached new rhetorical heights and therefore new lows today. she's been traveling with the cruz campaign today. >> i think ted's a very unstable guy. >> reporter: donald trump on an all out tear against ted cruz. >> as i said, he's the single worst liar i've ever seen. >> reporter: the gop frontrunner calling cruz a basket case. >> he just comes out and boom, boom, boom. absolute lies. >> reporter: today he delivered this ominous warning to cruz. back off and apologize or be hit with a lawsuit over your eligibility to be president. >> you're going to get sued anyway. might as well keep your lies going. >> reporter: cruz today not backing down. >> we're not in grade school. >> reporter: arguing that trump is just rattled. >> i guess the only explanation one can have is that his

internal poll numbers in south carolina must be plummeting. >> reporter: and attacking trump's readiness to be president. sq >> who has the temperament to remain calm under pressure? i would note when donald trump and marco rubio screamed liar, liar, liar, it makes you wonder how they would handle putin. >> reporter: it seeks to paint trump as a closet liberal. >> a candidate who has spent 60 years of his life being very pro-choice and defending partial birth abortion. >> reporter: echoed all over the air waves in a series of blunt ads, like this one obtained first by cnn which will debut tomorrow in south carolina. >> south carolina cannot trust donald trump. >> i'm very capable of changing to anything i want to change to. >> don't give him that chance.

>> reporter: that nasty turn comes as the rhetoric from trump has been dialled up, centered on using an almost taboo four letter word in politics. >> liar. >> reporter: as his rivals punch right back, voters in south carolina are paying attention too. >> i don't understand the ufc attitude that he has as a candidate. it's unbecoming of the president. >> reporter: all of this escalated so quickly today between donald trump and ted cruz, really speaking to the urgency of the moment in this fierce battle they're waging out in the top tier right now. the cruz campaign says they will continue to hammer down and hammer down on this exact point about donald trump like that new tv ad that is going to be starting to air here in south carolina that paints donald trump as a phony conservative. goes on to argue that he can't

be trusted with votes here. >> outfront now, the spokesman for ted cruz's campaign and the spokesperson for donald trump's campaign. he said the single worst liar i've ever seen. your response? >> donald trump looked a little undone there today. i don't think it really helped him very much. all ted cruz has done is repeat what donald trump has said about himself. he's said that he's supported partial birth abortion. he said he supported gays in the military. he supported gay marriage. ted cruz says it. what's funny is on the stage he said ted cruz talked about his support of planned parenthood and that's when donald trump called him a liar. donald trump went on in the same debate to say planned parenthood does wonderful and positive things. it's a little bit strange to be calling ted cruz a liar when he accused him of supporting planned parenthood and in the

same debate he supports planned parenthood. >> just to be clear, donald trump had said he was pro-choice but has been very clear he's pro-life, but he's against the abortion aspect of planned parenthood. >> that's a complete misunderstanding of what planned parenthood is. if he thinks planned parenthood does wonderful things for women, he doesn't know what planned parenthood does. he missed those videos where they were harvesting organs of unborn children and selling them. he doesn't understand the condition of abortion clinics in planned parenthood across the country that are abysmal. donald trump just doesn't understand what it means when he says planned parenthood does wonderful things for women. he's just clueless. >> planned parenthood -- i don't want to get into a whole discussion of planned parenthood, they do a lot more than abortion. what is your response?

>> there's two problems here. first of all, donald trump has never said he supported partial birth abortion. he said he was pro-choice. that was 17 years ago. to say that's currently donald trump's position is an all-out lie. donald trump is very much pro-life. with regard to planned parenthood, cervical cancer screenings are a good thing and that's what donald trump was saying. he wasn't saying he supported planned parenthood because of abortion. he's against abortion. he wanted to defund the abortion side of planned parenthood, so there is some -- >> what about the tone? just moments ago at this rally where you see donald trump speaking live, he spoke again about ted cruz, rick. i don't know if you had a chance to hear what he said, so i'll play it for you. >> a lot of people understand. you know that i protect the second amendment more than anybody by far, right?

more than anybody. [ cheering and applause ] >> and this guy ted cruz gets up and says donald trump does not respect the second amendment. more than anybody i'm with the second amendment. no, no. it's lies. then they do commercials. he did it to ben carson. him in particular. these are minor misrepresentations. >> all right. katrina, let me start with you. does that tone help? does calling someone a liar, unstable, all these words he has used, does that help trump to bring the conversation down like that? >> well, i think asking donald trump to be politically correct is just not going to work, erin. he's just saying what he thinks and feels about the situation, specifically with regard to the supreme court justice that senate cruz implied that donald trump would pick a liberal. i'll note that donald trump was

the only person on the stage saturday night that named two names. neither are liberals. it just begs the question is senator cruz being honest? >> well, look, first of all, donald trump supported the assault weapons ban. he may have changed his position on that like he's changed every other position. he's supported mayor bloomberg. these things are just completely inconsistent with the conservative movement. you don't support planned parenthood and michael bloomberg and call yourself a conservative and then say your opponents are lying about your record. all these things are true. there's video of him in almost every single circumstance or a quote where he is saying the things that we're saying that he's said. he may not like to hear the things that he's said, but he said them. he needs to own them. donald trump is not a conservative. he's not fought with us.

he's not republican establishment. he's democrat establishment. he gave his money to hillary clinton and harry reid and ron emanuel and chuck schumer. he's in the wrong party. >> senator cruz supported john roberts who gave us obamacare. >> ted cruz wasn't in the senate when john roberts was nominated. >> but he did write the op-ed supporting him and he gave us obamacare twice. >> after he was nominated, he did support him. that was right. >> he did it not. he's flip-flopping now. outfront next, another top republican says president obama should let the next president fill scalia's seat on the supreme court. is he right or not? bernie sanders getting huge support from young voters with this particular promise. >> we are going to make public

colleges and universities tuition free. >> it sounds great. you heard the roar of applause, but do the numbers add up at all? "outfront" investigates. life as spokesbox is great. people love me for saving them over half a grand when they switch to progressive. so i'm dabbling in new ventures. it was board-game night with the dalai lama. great guy. terrible player. ♪ go paperless ♪ don't stress, girl ♪ i got the discounts that you need ♪ it's a balancing act, but i got to give the people what they want -- more box. any words for the critics? what can i say? critties gonna neg. [ applause ] the what?! [ laughs ] the possibility of a flare was almost always on my mind.

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tonight, the flag at half staff in front of the supreme court as a mark of respect to the memory of supreme court justice antonin scalia. respect is thin on the ground elsewhere in washington where scalia's vacant seat is ground zero in what is a major political battle. the president won't give an inch saying the senate's duties are ironclad. senator john mccain weighed in. >> i believe that we should wait until after the next election and let the american people pick the next president. then we should consider who the next president of the united states nominates. >> we are outfront with president obama who is traveling in california tonight. >> reporter: the white house today now leveling its own blows at republicans in the deep political standoff that started

only hours after justice antonin scalia's death. >> this is a republican congress that has a lot of practice saying no. this is not the first time that republicans have come out with a lot of bluster. >> reporter: president obama vows to fill that supreme court seat by constitutional duty. >> there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. these are responsibilities that i take seriously as should everyone. they're bigger than any one party. they are about our democracy. >> reporter: but a defiant senate majority lead mitch mcconnell seems unwilling to budge. the american people should have a voice. this vacancy should not be filled until we have a new president. >> tonight, we honor his extraordinary service to our nation. >> reporter: white house officials are discussing the process of vetting the president's potential picks. some senators, even attorney

general loretta lynch, who was approved by the senate last year, but only after a record month long delay. senator claire mccaskill calling it -- >> base politics at its worst. >> life, marriage, religious liber liberty, the second amendment. we're just one supreme court justice away from losing them all. >> reporter: on past supreme court choices, the president has often mentioned an element of compassion. >> they judge who is sympathetic enough to those who are on the outside, those who are vulnerable. >> reporter: now though politics will be pivotal. does the president choose someone very moderate or a liberal to rally democrats, potentially sending more voters

to the polls in november? >> i believe that many of the mainstream republicans when the president nominates a mainstream nominee will not want to follow mitch mcconnell over the cliff. >> if the republican leadership refuseshearing, i think that's going to lose support of the american people. >> reporter: what is certain is that the outcome will effect politics and the legal landscape for decades. president obama will likely want to meet with his finalists. naming a nominee could take up to a month as it has in the past. >> thank you very much. joining me now is josh holmes. jo also van jones. senator mcconnell has said he

doesn't want this to go ahead right now. president obama says the senate duties are ironclad. that's his word, ironclad. they have to vote on a nominee. he has the right, in fact, he has the obligation to appoint someone, not leave the nation in limbo with a split court. does the senate have the obligation to consider his nominee and not sit there and say no? >> the president has skipped over the advice and consent piece that the president is supposed to engage in with the senate. what we're talking about is the matter of the last 80 years there's not been any supreme court justice nominated and confirmed with one exception in 1968. precedent is very clear. election year nominations and confirmations to the supreme court are just not done.

i think that's what senator mcconnell and the senate republican majority are looking at in making a very wise decision to keep this out of politics. >> van, there's something to be said here about which foot is the shoe on. chuck schumer said something in 2007 that sounds eerily similar. >> we cannot afford to see justice stevens replaced by another roberts or another aledo. given the track record of this president and the appearance president, i will recommend to my colleagues we shall not confirm any bush nominee to the supreme court except in extraordinary circumstances. >> all right. it sounds like exactly what republicans are saying right now. isn't the verdict that it should wait for the next president?

>> the word unprecedented is being used in an unprecedented way. there's no president in the history of the republic who has never not nominated someone for a year. here's the reality. every single time there's been an opening in the supreme court since washington the president has put forward someone to fill that seat. these are people who love the constitution. if the framers of the constitution wanted for the last year in the president for the president to be -- i'm a lame duck, i cannot nominate someone, it would be in the constitution. it's not in the constitution because we have one president at a time and that president has to do his or her job until the very last day. so the reality is this is the only president in the history of the republic that's being asked to wait. the longest it's ever taken is 120 days. they want this president to sit on his hands 340 days and refuse

to fill a vacancy on the highest court in the land. it's ludicrous. he should do his job. they should do their job. >> nobody is saying the president can't submit a name and make a nomination. in fact, he's more than welcome to do any of that. they're saying he or she is not going to be confirmed as has been the case for the last 80 years. >> josh, aren't you playing a really scary roulette here? it sounds to me like you're counting on a republican winning. but you might have a hillary clinton or bernie sanders who would much more likely to nominate someone more liberal? >> exactly. what we're saying is stay consistent here with the last 80 years and throw it to the american people. we have a real open question. we're talking about a fundamental restructuring of the supreme court at place here. in order to do something like that, you're going to have to get in this democracy the

american people's consent. that's what we should get in november. >> final word, van. >> josh, we've had two elections. this president won overwhelmingly. at no point did he say, by the way, if something in the last year happens to the supreme court, i'll sit on my hands. >> thank you both very much. outfront next, bernie sanders campaigning on free college tuition, but will he pay for it with your money? we looked at the cost and who would pay. that's next. the fight for black voters. outfront goes to an historically black college. we're going to tell you what they had to say. pitch you investment opportunities. i've got a fantastic deal for you- gold! with the right pool of investors, there's a lot of money to be made. but first, investors must ask the right questions and use the smartcheck challenge to make the right decisions.

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all right. this is one of the most fundamental promises of bernie sanders political revolution and that is making going to college, if you go to a public college, free. free for everybody. tom foreman has been digging into the sanders' plan. tom, what is he proposing? he always says free college,

free college. everybody loves hearing this. what is it exactly? >> relief for more than 20 million american families that have kids in college right now. early 80s over here. now for a public college now on average $17,000 a year. many people can't handle that. so when we talked about free college, he really has several steps in mind to make that possible for people out there. first of all, he wants the federal government to be kicking in $2 in matching funds for each dollar the states supply for this plan of his. that's a little tricky there. if they do, are they going to get it by just taxing the very people they're trying to help? beyond that, he wants to get the cost of student loan rates to about 2%. for those who already have loans, he would like to let them refinance at a lower rate. that's the crux of it. >> that's what he says he's

going to do. that's easy to say, right, but he himself has said this will cost $750 billion. that's three quarters of a trilli trillion dollars. that's a lot of money. don't you have to have somebody pay for them? >> he says the financial services people will pay for them. he wants to put 0.5% fee on stock trades. 0.1 on bonds. there are millions and millions of these trades going on, sometimes by computer. all this adds up to a tremendous amount of money aimed at the big people, not to the small stock owners. that's 75 billion per year over ten years. he said this would raise about 300 billion per year. he bases that on a u mass

amherst study. there's other people who say we think you're making assumptions here about what the market is going to do if you hit them with all those fees. if those assumptions are wrong, you may only get 51 billion per year. then you have a great big deficit out there and a lot of problems, erin. >> right. that's a small fraction. could be passed along to small investors. people have 401ks and iras and mutual funds. it's not quite as simple as it may sound. outfront next, the fight for black voters. we went to two primarily black colleges in south carolina and asked them who are they for. ruth bader ginsburg calls antonin scalia her best buddy. ok, but i have 30 acres to cover by sundown. we'll be with him all day as he goes back to taking tylenol.

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all right. these are live pictures right now. bernie sanders addressing supporters at a rally tonight in michigan, one of the key voting blocks he is trying to win over is black voters. is it going to help him or not in some of these crucial primary states like south carolina? we visited two historically black colleges in that state, a state that him and hillary clinton are both desperately trying to win. >> reporter: for these students at >> for these students, the debate is about how to preserve

the legacy of the first black president. >> how many of you believe that the candidate be loyal to the president, loyal to president obama. i heard that from you. so you all about the level thech depp vth their loyalty is important? >> i believe we have to continue the work of barack obama. who knows that best than the person who served in his administration. >> they have basically the same policies. bernie fights with a vision. >> reporter: part of that, a commitment to fighting racial and social injustice. despite secretary clinton's strong support among black voters, dexter weathers believes senator sanders should carry that mantel. >> he listened to his i have a dream speech and he supports black lives matter. he knows we have a fear of walking down our streets and to be killed by police officers. >> reporter: senator sanders has strong support from young voters, but this man supports

hillary clinton. >> hillary clinton is saying black lives matter and in her plan has $25 billion set aside for hbcs. on hillary clinton's side you have a detailed plan and real t realistic plan. >> reporter: sydney shaw is not yet confirmed that clinton should be the first female president. >> i see her being the president, but i don't see her being sincere, and i think that's one of the things barack obama has that she doesn't have. >> i'm not going to be swayed because you're a female. i'm going to vote with you because i agree with your opinions and how you see things and go about things. that wasn't the case with hillary clinton so i can't go along with her. >> the track record really speaks for itself. she's the most experienced candidate and the most practical ideas. it's really no vote, no

competition. >> the campaigns are competing in the first real test of black young voters. a group each expects to win. >> one of the students described the campuses as politically monogamous. there aren't even organized republican groups on campus. the college democratic ground have officially endorsed clinton's campaign. chalk that up to the time invested. the campaign has had a presence on the campus since april. when did they first learn of sanders campaign on campus? just last month. >> shows you how important organizing can be. outfront, charles blow, a "new york times" columnist. so you hear the bottom line, she's been organized, doing this for a long time. that's benefiting her. several of those stundents were saying i can't vote for her or haven't decided. all that matters is this person continues barack obama's legacy.

she was barack obama's secretary of state. she should be a shoo-in. >> it's so different than what we've seen in iowa and new hampshire where she's getting almost 90%. 80% of the youth vote. and to see these campuses where they are splitting almost half and half, that's is actually a bad harbinger for sanders. >> you think it's bad for sanders? >> he needs to win enormous amounts of those young voters because the older voters tend to flavor clinton. the fact they are splitting even is not a good sign. >> a lot of people would say if she's not doing 80%, 90%, that's a failure given all the investment she put in. that may be the case but not enough for him. >> not enough. in addition to that, south carolina has fewer younger voters than iowa and new hampshire. so in 2008, the last time south carolina had a primary, only 14% voters under 30. iowa had 22%. new hampshire had 18%.

so you really have to, not only do you have to do incredibly well. you don't have that many to work with. >> that is fascinating. it's now just a matter of time. does he have enough time? charles, thank you. next, jeanne moos on antonin scalia and ruth bader ginsburg. polar opposites but nothing sweeter than seeing their friendship in person. ♪virgin islands nice ♪ ♪so nice ♪so nice, so nice ♪ spend a few days in the u.s. virgin islands and return with a lifetime of experiences. that's virgin islands nice. ♪so nice, so nice

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supreme court justice ruth bader ginsburg and antonin scalia were polar opposites on matters of the law. but it's something that everyone could learn from. off the bench, they were great friends. here's jeanne moos. >> reporter: for conservatives who sure laughed liberally. one of the things that made others smile was justice scalia's friendship with justice ginsburg. >> why don't you call us the odd couple. >> reporter: not slob versus clean freak but opposite sides of the bench. >> i have to disagree. >> we're not going to agree on this. >> reporter: nonetheless upon his death, justice ginsburg wrote, we were best buddies. >> what's not to like? except her views on the law, of course. >> reporter: then their spouses spent many a new year's eve

together. they went on vacation, shared an elephant, something that caused her feminist friends to give me a hard time. >> because she rode behind. >> it was a matter of distribution of weight. >> reporter: justice scalia paid homage to his friends for doing something he'd never do. go pair sailing over the mediterranean. >> she was so light you'd think she would never come down. >> reporter: when her has bowed down at the state of the union, they joked about the wine that helped put her to sleep. >> at least i wasn't 100% sober. before we went to the state of the union -- >> that's the first intelligent thing you've done. >> reporter: they even ditched their judicial robes to dress aups extras in a washington national opera production. >> these two loved opera. they became an opera. >> reporter: a comic opera named after them. >> we are different. we are one. >> reporter: tell that to those

fighting over whether president obama gets to appoint justice scalia's appointment. >> delay, delay, delay. >> it is outrageous. >> reporter: just when we could use more odd couples, we've got one less. jeanne moos, cnn, new york. >> something so many could learn from. thanks for joining us. "ac 360" starts right now. good evening. thanks for joining us. welcome to the battle lines. just five days before they go before the voters in south carolina. the leading republican presidential candidates are at war with one another. trump against cruz. cruz against trump. cruz against rubio. trump against bush. candidates calling other candidates unstable, liars, threatening lawsuits. heent been this tough since adams supporters called jackson's wife, well, you'll have to look that one up because i'm not going to say it. jeb bush has been used by trump as a political