whether you agreed with justice scalia's rulings or not, his opinions were always a good, entertaining read. he was a reliable conservative, but every once in a while he did break rank. we are joined now with a look at what you might call his greatest hits. hi, brian. >> reporter: hi, shannon. justice antonin scalia's writing is described by critics as, quote, highly readable, entertaining with, quote, equal parts anger, confidence and pageantry. in last year's obamacare case scalia wrote the majority opinion was, quote, pure apple sauce, writing the court's next bit of interpretive jiggery involved other parts of the act that presupposed the availability of tax credits on both federal and state exchanges. he went on to say we should start calling this scotus care. in his dissent against gay marriage he wrote the nature of

marriage is that through its enduring bond two persons together can find other freedoms which hasek preg expression, in and spirituality. really? one would think freedom of intimacy is a bridge rather than expanded by marriage. ask the nearest hippy. in 1992 the supreme court ruled that prayer led by a clergy member at a public school was unconstitutional. scalia had something to say about that writing, i find it a sufficient embarrassment that our establishment cause jurisprudence has come to require scrutiny more commonly associated with interior decorators than with the judiciary. interior decorate something a rock hard science. scalia held nothing back in a 1989 abortion case. he wrote his colleague justice sandra day o'connor's decision was, quote, irrational and, quote, could not be taken

seriously. >> cantankerous, i expressed myself vividly. both criticisms are criticisms of opinions, not of my colleague. i'm a good friend of steve breyer. i like him a lot and of sandra day o'connor and of anyone else whose opinions i criticize. >> if they call one of your opinions pure apple sauce? >> that's fine so long as they can demonstrate that it's true. >> reporter: unafraid, a bombastic character who wrote with a vivid, vivid imagine shup, shannon. >> we will remember him that way. brian, thank you so much. >> reporter: no problem. >> our responsibility to shape up the executive and make sure they're doing what they're supposed to or shaping up the congress, that's not our job. our job is to prevent people from being harmed. if nobody is being harmed, we don't get into the matter. and even if somebody is harmed, unless he comes to us, we don't have any self-starting powers.

we're at the mercy of whoever wants to bring a case or whoever doesn't want to bring a case. >> that was justice scalia on the role of the supreme court. joining us now a former clerk to justice clarence thomas. she is now judicial crisis network's chief counsel and policy director and president of the accountability center and plenty of supreme court experience on her watch as well. thank you both for coming in. i want to start with you since you cleshgd over there was justice scalia behind the scenes the same person we saw in public? >> a wonderful, genuine man and his intellect, you heard the things his colleagues said about him. a warm, friendly person, powering intellect and his influence on american law even as kagan said, transformational. he's changed the way americans look at law, focusing on the text and what the constitutional laws r not trying to delve into mind reading sometimes.

>> he's very much a character and the right adored him. the left not so much at least when it came to content. it seems he was able to bridge and have friendships with people he disagreed with. >> absolutely. i certainly disagreed with justice scalia on the outcomes of most -- probably most, certainly many cases. but i certainly agree with him on his focus on the text and history of the constitution and now i think that leaves progressive outcomes, not the conservative ones he pointed to. there were cases he agreed and wrote influential opinions on criminal procedures saying juries, not judges, should adjudicate anything that adds to a crippminal sentence. and he was strong on fourth amendment rights of search and seizure. certainly i think there were areas there was some agreement on the constitution's text in history but some of the tributes coming out show he had very heated rhetoric but certainly with his colleagues and members

of the d.c. and external community he could disagree with people while still maintaining those friendships. that's a nice lesson for people to take away with, this heated rhetoric that can get very personal. he said in that clip right before we came on, i was critiquing their opinions not them as people. >> and we are at a juncture in the court this term where it was already shaping up to be a very newsworthy term. we've got upcoming cases on abortion, executive power, the little sisters of the court, contraceptive mandate from obamacare. there are cases they've already heard as well that we don't have an opinion yet for so how does that work? we know they voted and are drafting and crafting these opinions. what now? >> unless they have an opinion really in its final form that justice scalia had signed on to, the court in cases where he might have been the deciding vote, surely that's not the majority of them. in those cases the court will

have to decide do we just reschedule those cases and rehear them again when we have more members of the court, or do we simply affirm? the court often has a case where someone perhaps is recused from a case and so they may have a 4-4 split which happens with regularity and then they affirm the decision below and kind of wait until another day when the issue comes up and they can have a decisive opinion. we'll have to hear from the court to see what happens with that. >> elizabeth, a lot of big decisions for the chief justice roberts to make now. we talked about how he very much wants the court to operate business as usual. we know when there's three feet on the snow and nothing else is open in d.c., the court's open. the chief is very much about getting business done. i would imagine he's going to try to move things forward. >> yeah, absolutely. this term was already a blockbuster term. we have immigration, contraception, abortion, voting rights, affirmative action and i think if you only have eight justices, the court can continue, can try to do business as usual but it really creates a

problem when you can't -- you have evenly divided justices that can't set a nationwide precedent and issues that are of profound importance to the nation. i think that has to be taken into account when we're talking about the president's constitutional duty to nominate a justice to fill the shoes of justice scalia and the senate duty to advise and consent under article ii of the constitution. >> we're gearing up for how that plays out. now, in the meantime i will see you both over at the court for some of those cases in coming days. thanks for coming in. >> thanks, shannon. canndles outside the suprem court and flowers there i saw as well placed in memory of justice scalia. coming up, we'll hear from susan estrich, a form er clerk, and justices who served alongside justice scalia, this from justice samuel alito. nino was a re, maable person and i feel very honored to have known him and to have had him as a colleague. soup and sandwich and somewhere to go,

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to fulfill a successor in due time. there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. these are responsibilities that i take seriously as should everyone. >> with just 11 months in office, president obama says he will appoint a new justice, at least nominee to the highest court. that nominee would have to be confirmed by the senate. republicans in power there, is it possible and how could a new justice impact the legacy that justice scalia built? you san estrich was a justice for john paul stevens and a fox news contributor. susan, always good to see you. >> great to see you.

i in between worked for the senate judiciary committee. i'm very familiar with the confirmation process. >> yeah, and let's talk about that. both sides are sort of digging in their heels saying they're not moving. >> right. >> so who wins this battle? >> well, here's what's going to happen. the president will nominate an individual, and this is going to be a very sensitive choice because he has to nominate someone who republicans will find it difficult to vote against. in other words much as i love my ideologue friend on the left, it can't really be one of them. they're too easy to vote against. you need to nominate somebody who moderate republicans, of whom there are still a few, and conservatives of whom there are some, who are very thoughtful, will look at this nominee and say, this is someone who deserves to be on the supreme

court, and we shouldn't leave the court for a year with these potentially forfeits but which, shannon, have no precedential value. >> the senate majority leader, of course republican mitch mcconnell, some argue there may have been some wiggle room in what he said, that the next president should be the one to nominate the successor to justice scalia but he didn't say at absolutely all cost we will block any person. we are hearing that from some gop senators, but it begs the question of just how serious republicans, will they be in lock step or, as you said, will there be some who will peel off and go for someone who isn't a radical left pick? >> right. and one thought always in this situation, i was with some friends last night and the first thing we said is who in the

senate could he pick? because you always -- the easiest way to pick off senators is by picking a senator who they know and one name that is bandied about is cory booker, the african-american senator from new jersey. he was a rhodes scholar, a graduate of yale law school, obviously holds views very different from justice scalia. he's only in his 40s so he's young, and it would force republicans to vote against a qualified african-american. another name i'm hearing, and i'm promoting, frankly, is the chief judge of the d.c. circuit, the epitome, i think, of what an old-fashioned judge should be. that is objective, careful, scholarly. he's pulled that circuit together. the republicans could say he's a democrat, but if you look at his body of writings, you find that he's down the middle, fair and objective.

and i have to tell you one last story, many years ago back in 1980 jimmy carter as a lame duck president had nominated council of the judiciary committee, now a member of the supreme court to the 1st circuit. and then november came and the democrats not only lost the white house, they also lost the senate. and i will never forget this, strom thurmond, the conservative republican in a gesture of conciliation to senator kennedy and out of respect to steve breyer's fairness said let's put the nomination through anyway. so you had a lame duck president getting a lame duck nomination through who, of course, ended up on the supreme court. very sadly that couldn't happen today. we don't play by those rules, and i think it's too bad for all of us. >> well, we will see. both sides have their arguments about the role they are to play. so we'll see.

susan, thank you for sharing your experience and your insight with us on this. good to see you. >> good to see you, too. coming up on this special edition of "america's news headquarters" a personal friend of justice scalia. his body now at a funeral home in el paso, texas. that funeral home saying there are tentative plans to bring him home to northern virginia on tuesday. more as we know it. moderate to severe crohn's disease is tough, but i've managed. except that managing my symptoms was all i was doing. and when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers,

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garland. it is that that has more that anything else preserved our liberties. >> justice scalia talking about the freedoms we enjoy in the

country. his death is the biggest blow of course to his family and friends. dr. robert george profes store is one of those friends, a professor at harvard law school and a fell row at the supreme court. dr. george thank you so much for joining us today. can you share a little bit abyour friendship with justice scalia and the man that he was? >> thank you, sharon. i really am glad for the opportunity the come on and pay tribute to justice scalia. he was a great american for some of the reasons you have been able to articulate already, he was a great believer in american exceptionalism and american principles and freedom. he also had a greet r great heart. he doesn't hold the world record for patience in dealing with people he thought were rent seeker or slouchers or slackers or free riders, but for people

who were physically handicapped, mentally cognitively disabled, people who were down on their luck, experiencing hard times. he had a great heart. you didn't see that in his public life. this was personal. he was a person who was informed by a very deep christian faith, a deep catholic faith and that shaped his attitude. you see it more clearly in his friendships. he had a wonderful gift of friendship. his closest friend on the court was justice ginsburg. and yet they were closest friends, closest friend that he had on the court. his young colleague is someone that justice scalia formed a friendship with straightaway as soon as she came on the court and he would drag her off to hunting trips. he died on a hunting trip as you and you viewers know.

it was something he enjoyed. and he would drag oher off. >> i want to ask you what you think his lasting impact is on the legal profession, especially on conservative legal thoughts. >> yes. that's pretty clear. he's a believer, was a believer in the need to preserve the principles of republican government. and those principles required originalism and constitution interpretation. closely to the original understanding of the contusions provisions and not using i as a political agenda. another important part of his legacy was reviving the doctrine of the separation of powers, the constitutional doctrine of the separation of power. the powers of the president are separate from the powers of the congress and the powers of congress are separate anddy tink from the powers of the court. he was a believer in the power

of the court. he will have a great legacy in the field of constitutional interpretation and on american politics more generally. he'll be remembered really in the company with lincoln as a great defender of the idea of government not only of the people, not only for the people, as all good government is but by the people. not by the judges or the elites, by the people. >> dr. robert george, we thank you so much for you time today. >> my pleasure. thank you, shannon. >> she mentioned justice scalia and ginsburg's friendship. we disagreed every now and then . justice scalia nailed all of the spots and gave me what i needed to spreng then the majority opinion. justice kagan said he'll go down

as one of the most transformational justice of our nation. he was saddened by this loss and it will impact our country for decades to come. thank you for joining us for special coverage on the life and death of -- s change every few months? i think i'll pass... quicksilver from capital one puts nothing in your way. you simply earn unlimited 1.5% cash back on every purchase, everywhere. you can't dodge the question... what's in your wallet? staying in rhythm... it's how i try to live... how i stay active. so i need nutrition... that won't weigh me down. for the nutrition you want without the calories you don't... try boost® 100 calories. each delicious snack size drink gives you... 25 vitamins and minerals and 10 grams of protein.

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a political battle shaping up at the nation's capital over naming a replacement for justice antonin scalia. welcome to america's news headquarters. >> we'll look back at the loif and legacy of justice scalia and how the death of the iconic justice could be setting up that clark between the senate and president obama. plus, the battle for the republican presidential nomination getting more heated than ever with the smoke still clearing from the fiery confrontations of last night's debate. man oh man is it could outside.

parts of the nation in the deep freeze. record-breaking low temperatures causing millions of us to bundle up. we'll tell you when a warmup could be coming. well the candidates are looking to get some love from south carolina, voters this valentine's day. the republican presidential hopefuls right back on the campaign trail again today after last night's fiery debate. the candidates trying to shore up support in the debate with just six day to go until the primary. >> we're supporting troops that we don't know who they are. >> let me finish. >> this is ridiculous. >> we don't even know who they are. we have no idea who they have. >> a guy who gets his foreign policies from the shows. >> oh yeah yeah. >> we're living in dangerous times. >> the people of this country and this state want to see everybody rise and they want to see unity and i don't want to

get into all of this fighting tonight. >> i'm sick of the negative come paining. >> marco went on univision in spanish saying he would not rescind president obama's illegal executive amnesty on his first day in office. i'm promised to rescind every single executive action including that one. >> i don't know how he knows what i said on univision because he doesn't speak spanish. and second of all -- >> so many people say to me, you need to scream and jump up and down like everybody else. is that what withdryou want? >> we're live in south carolina with more. >> reporter: last night's debate was like no other. in my 30-10-odd years of praching presidential politics with fox, i have never seen so

many candidates call one another a liar before. there was a time you wouldn't use the "l" word. you wouldn't call them an outright liar. take a look from a clip last night with a few of those epitaphs. >> you're probably worse than jeb bush. you are the single biggest liar. this guy lied -- let me just tell you. this guy lied about ben carson when he took votes away from ben carson. >> he lied about ben carson in iowa, he lied about -- he lies about marriage. >> when you point to his own record he screams liar liar liar. >> reporter: really pretty amazing. what overlapped yesterday with the debate obviously and all of that name calling and nastiness was the death of associate justice antonin scalia. all of the candidates were asked

whether they would appoint scalia-like replacements to the court. jeb bush was the only candidate on the stage last night that suggested that the president does have a right to go ahead with the nomination. here's a sampling of how it's also turning sbo an attack on donald trump by the rest of the field for not being sufficiently conservative in his past and in his present. watch. >> and if donald trump becomes president, we will see the second amendment effectively erased from the bill of rights. one more liberal justice will erase the second amendment from the bill of rights and donald trump's entire lifetime demonstrates he will not spend the capital it will take to nominate and confirm a true conservati

conservati conservative. if i'm elected every justice i nominate will be a true conservative. >> reporter: last night donald trump got booed a lot. today he is accusing the republican national committee of not effectively dispersing ticket to the audience, saying the reason he was booed because it was lobbyistsance donors. the committee gives each candidate a certain number of tickets and the host party gets a number of tickets. they try to have a diverse audience of republican voters. it was not the case that the rnc putting the lobbyistings and donors in there. it doesn't take away from the fact they're the ones that are going to be voting in the primary. >> boring this campaign cycle is not. thank you so much. and on the other side of the aisle, the democratic candidates are trying to drum up support

less than one week away from the nevada caucus. hillary clinton is meeting with immigrant families held by the dream act. senator bernie sanders appeared on fox news today, his first interview since announcing his candidacy. using the air time to hammer mrs. clinton on her wall street ties. >> every candidate says all of that money coming in from wall street, fossil fuel, it doesn't impact me. well the question that we ask is wall street and all of those other billionaires and wealthy individuals, are they really so dumb? why are they contributing so much money? let the american people make that decision. kristen fisher is live in washington with that. >> this death of supreme court justice antonin scalia is

forcing clinton and sander to come together on a very big issue. they have been slamming republicans on the campaign frail and capitol hill for saying president obama should not nominate a replacement for the late conservative justice. >> it is outrageous that republicans in the senate and on the campaign trail have already pledged to block any replacement that president obama nom nats. and all of us democrats, we have a responsibility to make sure that a republican doesn't win in november and rip away all of the progress we've made together. >> i think we want a full contingent on the united states supreme court. they're dealing with enormously important issues. the constitution is pretty clear. the president makes the appointment, senate confirms, let's get on with that business. >> today the business of caucus goers in nevada continued.

these are undocumented immigrants who would have arrived -- or who arrived in the u.s. as children and now trying to gain a pathway to permanent legal status. the latino community makes up more than a quarter of the population in nevada. just like the african american vote will be pivot toll in south carolina primary. clintonin' has a commanding poll in that state put out yesterday. she's beating sanders by 38 points and then three days after south carolina it's super tuesday with nearly 900 delegates are up for grabs on a single day. eric? >> thanks for the very latest. arthel? and your nation is mourning the loss of justice antonin scalia passing at the age of 79. as his legacy is remembered and

honored, the battle is under way over whether president obama or his successor should name a replacement. democrats say that's not the case. >> mitch mcconnell made it clear that we're not going to move forward until there's an election and i think that's the right decision. >> president obama in my view should make that nomination. i hope he does it as soon as possible. >> doug has more now from the white house. >> reporter: the flag is set at half-staff here at the white house and at federal installations across the country and will remain so until sunset on the day of justice scalia's interment. but the political war that his sudden death sets in motion has just begun. the president last night signaled his intention to send a nomination for their consent. >> i plan to nominate a

successor in due time. there will be plenty of time to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. >> before that remark, senate majority leader mitch mcconnell saying he won't take up any name that the president sets forth. >> the president can nominate whoever he wants but the senate is not going to act. that's pretty clear. we can be debating it but we're not moving forward on it. >> even if mcconnell were to change his mind, any nominee would be filibustered. senator ted cruz said he would do just that. >> do that mean you're going to filibuster anyone, anyone that president obama nom nats? >> absolutely. this should be a decision for the people, george. >> cruz went on to say the loss

of scalia means we're one justice away for losing civil liberties for generations. >> reporter: senate minority leader harry reid calling it a shame. >> thanks, doug. man oh man have you been outside? if you're in the northeast with the extreme cold weather, it's put this area in a deep freeze on this valuen tie's day. temperatures are falling well below zero in some cities. the wintry weather making for a treacherous and tragically some deadly driving conditions out there. drifting snow may have led to yesterday's deadly pileup in pennsylvania that involved more than 50 vehicles. sadly three people were killed in that, dozens more injured. >> janice deen, 12 degrees

negative, 12 below zero in waterville, maine tonight, 26 in charlotte, north carolina. >> snuggle up. your valentine. we've got a storm we're going to have to watch heading into president's day tomorrow. look at the record lows. oh my gosh, minus 37. that's not windchill. that's air temperature. syracuse minus 23. these are all record lows. new york city minus 1. minus 9 in boston. current temperatures we're actually getting a little warmer even though we're into the teens here and the 20s. windchill makes it feel colder. but the temperatures are going to start to rise. we're seeing that right now. but we have a big messy storm on the way overnight tonight into monday, tuesday and wednesday. the ohio valley right now, we're

going to see a lot of gulf moisture get in on this overnight and tomorrow. that could bring freezing rain, ice, measurable snow and heavy rainfall as the temperatures start to rise. here's your forecast radar as we get into the overnight tonight moving into p we're going to see the wintry mix, to tenl of freezing rain and ice. the carolinas and georgia. then we're going to see the switch jofr to rain. really messy much of monday and tuesday. watching this carefully. winter weather advisories posted. the purple are the freezing rain advisories. pinks are measurable snow and that is going to last monday and tuesday. tuesday night's commute is going to be really treacherous as well as all day monday. the good news is it is a holiday for a lot of folks. >> that's true. it could be a messy commute.

thank goodness it's president's day. >> happy valentine's day! >> thank you. ook pop when we come back we're going to go back to our top story, remembering justice antonin scalia, leaving a giant void on the legal landscape with his passing. and we're going to look at his legacy and the impact on the cou court. the rest of hillary clinton's e-mails from her private serve every. what it could mean for ou campaign. plus, marco rubio taking a more aggressive approach in the debate last night. the mayor differences he's drawing against the other candidates. at ally bank, no branches equals great rates. it's a fact. kind of like grandkids equals free tech support. oh, look at you, so great to see you! none of this works. come on in.

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. this is a disturbing pattern now. he lied about ben carson in iowa, he lies about marriage, and now he makes things up. the bottom line is this is a campaign and people are watching it and they see the truth behind the issues. here's the truth. ted cruz supported legalizing people in this country -- >> that is absolutely false.

>> marco rubio calling out senate ted cruz and ramping up the rhetoric in last night's debate but was it enough to help him regain the momentum after what he described was a disappointing finish in new hampshire. let's ask a supporter of marco rubio. congressman, good to see you. thanks for being here. >> thanks for having me on. >> good. i'm sure if your assessment that you believe senator rubio won the debate last night. and if so, in what areas did he recover since the last debate and where was he strong last night? >> i thought marco brought his a-game. he got specific questions on foreign policy and he was able to delineate the three areas to look at, southeast asia, north korea and china, look at iran and isis and then russia. and i think the specificity of his answer was enough to make

americans go, listen, this guy understands the problem and we know that you have to understand the problem if you're going to get the right solution. i thought that was powerful. i thought his understanding of domestic economics, the fact that he was willing to talk about poverty and the need to get programs right to lift people out of poverty instead of trapping them in a welfare state. i think all of it was really great last night for marco. >> and you know that senator rubio is saying that the next president should nominate justice scalia's successor. is senator rubio willing to stand firm and block any confirmation to cause for gridlock in congress which as you know is what the american people are tired of. >> no. i think that's a really good question. if president obama nominates another liberal jurist, i think all of our candidates in the whole senate, republicans will stand together to block that nominee. would obama could resolve all of

this if he wanted to nominate trey gowdy -- >> who is a great supporter -- >> and a good lawyer and prosecutor and someone who held justice scalia in highest esteem. we could solve this right now and have gowdy nominated and fix this whole thing. >> let me pull up the latest real clear politics poll averaging for south carolina. you've got trump in the lead at a whopping 35.7%, cruz at 18.7 and then there's rubio at 14%, jeb bush 11%. and you know who i'm going to talking about, kevin madden, a senior strategist for mitt romney's presidential bids in trath and 2012. and he says that rubio is past the point of meeting expectations, that the campaign needs to start beating

expectations. do you think that south carolina is the place where rubio is starting to realign a campaign that had gotten off track? >> well, so i think last night you look at his debate performance and again all of the pundits said he won and a lot of the viewers said he won. i think he exceeded expectation last night. as we go into this debate, i think there ooh so many candidates that -- i'm sorry, voters who are still kicking tires. they don't know who they're going to vote for. they haven't made up their mind. and i think last night's performance of rubio sets the stage for a lot of undecided folks to come his way. listen, you have so many americans who are going through tough times and marco rubio gets it. a guy raised in an immigrant home where he had paychecks coming in to put food on the table, a mom who was a waitress and a dad who was a bartender. he gets the american struggle and he had to put himself through school. he had to work hard, take out loans and pay them back. that's the american story.

i think americans want someone who gets the difficulty that they face. and those difficulties are just as real in wisconsin as they are in south carolina. when a candidate can speak to those issues passionately like marco can and talk about the american dream and how you can come from an immigrant poor family and be running for president, that's what we all want for ou kids. whether you're going to run for president or be be a mechanic or an attorney or a doctor, it's that message that touches the hearts of americans. that's why i think marco after that not so great -- >> you feel like he's back on track now. okay. >> he's going the crush it. >> okay. congressman, good luck to you, your campaign and your candidate. thank you for your time, sir. >> thank you. and we have e-mail questions now we're told about hillary clinton. another final release of the e-mails are scheduled for

february 29th. happens to not only be a leap year day but the day before all of the voting in all of the states. and the all important super tuesday. what could that mean? we have more from washington. >> reporter: this latest batch of e mails includes 551 documents from hillary clinton's e-mail serve e while she was serving as secretary of state. 81 were marked confidential, while another 3 were marked sensitively as secret. most of the e-mails are partially or entirely blacked out. one includes a message from long time clinton ally or confident, sidney blumenthal that came in the day of the saudi minister was almost assassinated here in washington. blumenthal sent clinton classified details of that operation which are now redacted citing soushss with access to the highest levels of government

to turkey and saudi arabia, as well as regional and "wall street journal" intelligent services. in the batch of e-mails released last month, 2 e-mail were withheld because they contained top secret material. more than 1600 e-mails on her private server have now been marked as classified. despite the fbi confirming it is investigating her use of the private server, clinton continue to deny she did anything wrong and called the issue a witch hunt by republicans. yesterday republican national committee chairman reacted to this latest batch of e-mails say in part this court ordered release is another reminder that hillary clinton's plans to skirt the laws put our national security at risk and she failed to meet her legal obligation to protect secret information. there are still e-mails that have not been released and the state department is set to release those over the next few

weeks. the final batch will be published on february 29th, just one day before super tuesday. well, donald trump on the attack. going after jeb bush in last night's debate over his brother and 9/11. how will the tough talk impact trump's campaign. and he was considered a figure larger than life on the sprkt. coming up we continue to take a look back at the legacy and life of justice antonin scalia what his passing means for other cases that are currently on the court's docket. in your plans. trust safelite. with safelite's exclusive "on my way text" you'll know exactly when we'll be there. giving you more time for what matters most. (team sing) ♪safelite repair, safelite replace.♪

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"hi this is conor.usic sorry i missed you. i'm either away from my desk or on another call. please leave a message and i'll get back to you just as soon as i'm available. thank you for patience at this busy time." join princess cruises for stargazing with discovery at sea. book now for savings up to $1,000 per stateroom plus up to $600 free onboard spending money. call your travel consultant or 1-800-princess. princess cruises. come back new. it's the bottom of the hour. time for the top of the news. the cause of death of justice antonin scalia now determined to be natural causes. not a heart attack as previously reported. his body has been taken to a funeral home in el paso, texas.

tentative plans call for it to be flown back home tuesday to his family in virginia. shannon bream is live in washington with a look at his legacy. shannon ? >> he's been described larger than life. a spirited jurist. he was often the most aggressive questioner from the bench. and the most likely one to provoke laughter, even during the most serious cases. he was also an originalist, someone who believed the words of the should be interpreted by looking at what they meant when they were written. >> i looked at the words of the constitution. but i ask what did those words mean to the society that adopted them. that's the same thing do with legislation. what do those words mean? what's the fair understanding of it. >> scalia was known for being rather immovable once he reached a decision and often penned fiery dissents.

he felt the majority had ignored the will of millions of americans who voted a the the state level to preserve the traditional definition of marriage. writing, the system of government that makes the people subordinate to a committee of nine unelected lawyers does not dederve to be a democracy. we were best budd buddies. the court is left to wrestle with decisions on this term on issues of abortion, affirmative action, the president's use of executive action and the hhf contraceptive mandate linked to obamacare. we're hearing from eric schultz, there's a lot of talk about the fact that the senate is out of session this week. shulths saying, given that the senate is currently in recess,

we do not expect the president to rush through this week but will do so in due time once the senate returns from their recess. arthel? >> thanks, shan no. >> arthel, we're joined by ambassador howard gutman. he clerked for supreme court justice potter stewart. good to see you. justice scalia was a legal giant of unmatched intellectual brilliance who left a lasting and controversial legacy. what is his meaning and what have we lost? >> there's no question he was the brilliance of the right wing, the conservatives. intellectually honest. but one of the issues is when you are so predictable as a conservative, your importance ultimately may not be in the long run in hindsight the most important. on every decision that came controversial in the last few years, it was usually justice

kennedy for whom the attention focused because he was in the middle. you had to have someone on the left and someone on the right but the decision maker would be in the middle. justice kennedy will be remembered much longer for his effect on the court. >> well, a lot of people in talking, we just heard in his own words talking about being an originalist. in his decisions i opposed affirmative action and abortion saying don't paint me as anti-gay or aint abortion or anti- anything else. do you think that judicial philosophy will continue in his absence absence? >> it will continue by some wing in the court but never be adopted by a wing of the court that says look, it's not the 1700s. yit's 2016. you've got to apply words.

it's a fundamental dispute that's gone back as long as we've had the constitution. if we're lucky enough to be here 100 years from now we'll see the same debate going on. >> it's not a living document. he goes back to what the finding fathers said. it's the basis of our country. what about that argument that it's not open to interpretation as some say versus what the intent of the original founding fathers was. >> it's not interpretation. it's application to a world that has the internet, a world where we're living to be 100. a world where we are so far from the 1700s. and he was smarter than that. he knew there was application. the truth is on both sides, they say they're interpreting when it's not consistent with their needs. the truth is, we have basic values and the fundamental

dispute is how to interpret them to apply them. >> lots have been said about his friendship with ruth bader ginsburg and the affection, besides respect, as the person. tell me about that. what is it like behind the robes, behind the curtains when they're together. he called them nine elected lawyers at one point. a deep meaning emotional connection between some of these justices, especially dealing with him despite their different judicial opinions. >> that's the most admirable characteristic of the court. there's a tendency to say look how divided our society is today and how divided the court is. justice marshal and justice brennon, not talking about justice rehnquist. they were not happy. but they were not collegial. these justices, justice kagan,

justice ginsburg, they were good friends with justice scalia, and it's a tribute not to the lawyers but to the people. >> maybe the rest of the folks in the city of washington would take a lesson from those folks inside. thank you for joining us. and for you reflections on the justice. >> my pleasure. all the best. >> that should be applied all across the country. and we're going to continue on this topic, the dooet of supreme court justice antonin scalia. it has people questioning the court's next move. lots of controversial topics on the docket this term. what could happen now that the court is down a conservative vote. see the fireworks. man oh man, the heated words in the debate in south carolina. they were pummelling each other. talk about world wrestling? >> that was mma. >> that's what was going on last night. we will look into the debate,

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the republican candidates last night really butting heads about u.s. action in the middle east during the debate. donald trump slammed our invasion of iraq before he fired off at our president george w. bush. >> the world trade center came down during the reign -- he kept -- that's not safe. that is not safe, marco. that is not safe. >> the world trade center came down because bill clinton did kill osama bin laden when he had to chance to kill him. >> by the way, george bush

didn't listen to the advice of his cia. >> well, you heard those boos. executive editor of the daily column joins us now. vince, in response to that, jeb bush's campaign manager responded by saying trump's comments were quote ridiculous and had no place in the republican debate. or do you think that donald trump, by attacking george w. bush, hit a nerve? >> well, clearly he's trying to undermine what is going to be jeb's strength. jeb is bringing george w. bush to the state now for the first time to have his campaign on his behalf. this is clearly an attack by donald trump to go after his strength. this is basically the trump strategy. if he can invert his opponent's strength into a weakness then he can successfully remove them from the chess board. >> it really is a strength according to the head of the gop. george w. bush.

84% of south carolinians, 84% have a favorable view of the former president >> they do. this is a heavily military populated area, the carolinas, especially in south carolina. and they're patriotic. these guys remember 9/11. republicans weren't the only ones rallying behind george bush in the wake of 9/11 for his response. the whole country was unified behind the president at least at that time. we're not talking about the iraq war. certainly in response to 9/11. i think this is a real risk on trump's part. i can tell you this much. these debates have had an impact on the candidates. in iowa when trump decided to skip the debate, he suffered as a result. in new hampshire when rubio did not perform well on stage, he admitted when he conceded coming of the new hampshire that ruined his ability to win the state. is there a chance that will happen to trump? it's possible.

>> you know what can happen sometimes, brian york writes today about those comments from donald trump last night. so once again as he had so many times in the campaign, trump has gambled. maybe his frankness will allow other republicans to loosen up ore maybe he's touched the third rail of south carolina gop politics. he'll know more in a week. is this a subject that will now open up this debate among some of the candidates or will it not? >> it's possible. i don't see republican candidates rushing for full throated defenses of if iraq war. i don't. i think the big thing to look for this week is if george w. bush in any capacity is questioned by a reporter or directly addresses the fact that donald trump is the front runner in the state. now that w be the campaigning for jeb, this could explode into an issue assuming george w. bush, who is a very popular republican, goes after trump in any capacity.

w has promised in general not to go after his successor, barack obama, but that does not mean he won't go off the republican front runner. >> what do you think he's going to say, the former president? >> i don't know. he's going to play it safe. he's going to try to say my brother is the best qualified person to be president of the united states. again the open question is whether or not he attacks donald trump. because donald trump has done something. he keeps going after the bush family and jeb, a. let's see if w is the one who kams out swinging. >> i think he may. >> he might. >> vince, thanks so much. >> my pleasure. well, the already divided supreme court could be set up to split on a number of contentious cases. what the passing of conservative justice antonin scalia means for the court's busy docket.

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exemption from birth control coverage and the always contentious topic of abortion. more now from our legal panel, richard st. paul a defense attorney and former prosecutor. good to see both of you. we will go down the line and get to as many as we can. first, we start with the fisher vs. university of texas in austin. 25 percent of the freshmen students are admitted through a process that takes race and other factors into account. that is part that abigail fisher is contesting, a white female filed a suit against u.t. argue their efforts to boost the number of african-american and hispanic students cost her a spot. the university said she would not have made it regardless so this case is going to go before the supreme court again in the absence of justice scalia, how will the case do.

richard? >> kennedy was a swing vote he did not go along, a conservative judge, so folks know kennedy, justice kennedy. all things being even, if justice scalia was there kennedy would be the swing vote. since kennedy may go for affirmative action because he feels...he likes the premise of having a school pick diversity as an important to overall compelling interesting. he like the theory. he did not go along with it at university of minute because he did not line how they does things. he could go with the liberals and you get a-3 decision for the case. the case went down to the lower court, they said the way they did it in texas was fine and now back up to the supreme court. he will probably swing toward accepting the plan. >> if he did not, if it was a split because there are only eight, it would be that the

decision of the lower court would stand. the appellant would not be successful. something about justice scalia, he was very conservative and one of his main things he always felt he went with the intentions of the framers of constitution and during that time they did not take interest consideration the need for programs such as affirmative action. >> by the way i am a u.t. graduate got in on my g.p.a. long before the way went into affect. now, next, the united states versus texas executive action on immigration. now, the supreme court here is also considering whether president obama exceeded his powers in trying to shield millions of illegal immigrants from deportation. the order protects more than four million people who are parents of citizens or of lawful permanent resolution accidents

and -- residents allowing them to work legally as president obama announced it in 2014. how do you think? >> as we know, with the idea of president obama's thoughts of the immigration issue it is because his perception is that immigrants contribute in a positive way to our country. that may not have been the case years ago but with the more liberal supreme court they will go to saying he did not exceed his ability to have this executive order. it depends but with justice kennedy being he is a swing, it could end up being passed. i do. >> look, we are a nation of laws, what president obama did was basically stop execute the law and this is a no-brainer for the supreme court. i think that they will find his executive action was unconstitutional. >> we have time for another?

quickly, the case on religious exemption for contraception coverage, a challenge to affordable health care over religiously afill add it organizations like universities, hospitals and charities can be fred from playing any role in providing their employees with contraceptive coverage. richard? >> we remember hobby lobby saying if you are a closely held corporation you can say i don't want my employees be covered for contraceptives because of religion. this is more broad for the hobby lobby, more difficult. it is 4-4. >> kisha? >> this will pass. even with the more conservative supreme court it is necessary. it is needed because it is kind of crossing the line between religion and otherwise. >> happy valentine's day to both you and you look especially

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>> and now in utah, a boy gave a flower to 800 girls at high school. happy valentine's day, to you. >> on the buzz beater a south carolina slug fest is shaken up by the death of antonin scalia and the vow of president obama to replace him and the lead off question in the debate. >> to be clear, you are okay wealth president nominating someone? >> he is going do do it whether i am okay with it or not. it is up to mcconnell and everyone else to stop it. it is called delay, delay, delay. adonald trump traded punches with ted cruz and jeb bush but the most hostile could not deny it. >> seven days ago people were dancing on donald trump's grave. everyone was calling him loser. a lost media people were saying it was the end.