towering legacy. not just on the supreme court, but right through all of american law, really, for three decades and more. antonin scalia led the charge for conservatives in american law. led the effort to roll back what you might call the heroic era of liberal a aivism on the court. the era of civil rights jurisprudence that broke down jim crow and did so much else. scalia thought justices and judges had gone out of control in that era, and he was the intellectual leader, and the leader by sheer force of very strong personality, of the effort to say, there's another way way. the constitution, scalia says, means what it meant to the people who wrotet and ratified it. and in decision after decision, not just the ones that he won on, not where he was in the majority, but even more important, in this sense, where he lost, and yet was freed up to

to conservatives in and out of the courts, say, stop. judges should not be this way, that there's another way to do this. it is an incalculable loss, husband death, to the conservative movement. and as we heard, from chief justice roberts, to the court. he was a manwho, with a relish for life, that was infek chus, a great sense of humor and a gift for friendship. among those mourning on the court, his best friend on the court, really, justice ruth bader r nsburg, the most liberal justice. they were very close friends for many years, and even justice el late that y ena elena kagan, was charmed by him. he introduced her to quail hunting and she went with him every year. so, he was a remarkable man.

controversial ideas. heas the boogie man for many, many liberals in and out o& the courts. but no question, while there may not be a scalia era on the court, you can't point to that many rulings he won, there's scalia influence on the court and in the law. >> and terry, you pointed out with me on the air earlier, he wasn't always on the winning de, as you just said. most recently with same-sex marriage and stipulations for obama care, but one critical role he did play was gore v bush in 2000. talk to me about that case. >> reporter: well, that was the case that tossed the 2000 election into the supreme court. and in that case, hee found with the majority, with chief justice rehnquist and othe, that the presidency should go to george w. bush because, they said, the way that florida was recounting all those ballots was a violation of equal protection. they were doing it in too many different ways. the bottom line, bushon the presidency, and there was a huge

remember, scalia was totally unapologetic about it. in fact, he liked being asked about it, because he liked to throw it back in people's faces with not even a hard case, in his judgment. it was, of course, for the country, but that's the kind of guy he was. he liked a good argument, and usuallll got the better of it. >> incredible legal mind and for those who kneww him personally, a larger than life personality. terry, thank youo much. i want to bring in abc's dan abrams abrams. at this point, there is a vacancy in the supreme court. the line of succession, when a supreme court justice passes away, has to be somehow filled at some point. so, dan, if you are on the phone with us right now, talk to me, what happens next and does president obama have enough time to push through a candidate through congress at this pointnt >> reporter: so, tom, there are two questions here. first of all, what happens on the court in the short-term andh then, secondly, the question is, who could be the next supreme court justice? we talked about the short-term on the court.

going to create all sorts of logistical issues for the court. because for years, we've been talking now all about these 5-4 decisions. and often, it is fivi of the con conservatives against four liberals. now, in this very short-term period, you're going to have 4-4. and that's goi to mean one of two things. either that by a 4-4 decision, that the lower courtpinion gets affirmed, meaning, typically, if there's a tie, whatever the lower court decided stands. but because this is such a unique situation, what the court may do is, the court may say, you know what? let's have reargument on this case in the fall. let's deal with this case again later. but there are a whole host of stroerps y'all controversial cases out there, that this is going to be a critical factor in. then, question two. which is, who could be the next supreme court justice? well, whatever the list had

can consider now. why? because he's only got a limited amount of time in office. and as a result, the republican senate is not going to confirm many of the potential candidates that he would have been considering. so, if president obama really wants to ensure that another supreme court justice gets seated quickly, he's going to have to get kind of creative. and maybe even pick a sort of liberal repeplican, maybe pick a former senator, maybe pick a currentt senator. someone who could make it through the senate in what would undoubtedly be an incredibly act moan yus proceeding. so, it's going to be very interesting to see if president obama basically scraps his old list of potential candidates and creates a new oneto, as to who could be the next supreme court justice. >> now, dan, this happens in the middle of an election year, as well. m sure is this is going to

republican debate in south carolina. probably a qstion that every single candidate is going to have to answer. if you were put in this position, who would you put at the top of the list right now, to replace justice scalia, and you were talking about the balance of the court, and even though he is only one justice, he was such a towering voice on the conservative side of the argument, and what you were saying earlier, dan, essentially what's going to happen with the supreme court, what might happen is they may just haveo hit the pause bostont button on any decisions that come forward? >> reporter: that's right. look, they can have a choice here. typically, again, you know, very often you have a justice, let's say who has to recuse herself, who says, i can't be part of this case. and when that happens, you can end one a 4-4 decision, which means lower court opinion stands. but nowowhe court may say, you know what? that doesn't make sense in this context. let's reargue this, let's hear this when there's ather person sitting on the court at a later date. sot it's going to be very interesting from a supreme court

do they do now with this divided court. >> dan abrams for us tonight. dan, thank you so much. and we will have much more on the passing of justice scalia, who passed away at the age of 79, a towering figure on the supreme court. we will have much later o this broadcast. our thoughts and prayers with the scalia family tonight. we do move onto the extreme weather, and a deadly traffic pileup. look at that. causing dozens of carar to pile up on a m mor interstate. dozens of people injured. 40 hospitalized. three losing their lives. abc's eva pilgrim reporng from pennsylvania tonight. >> reporter: it seemed to come out of nowhere, blinding snow triggering this massive pileup. killing three people, leaving at ast 40 injured. >> we have at least 15 people trapped on the westbound lane. >> reporter: more than 50 vehicles on i-78 in pennsylvania caught in the crash. five medical chopper rushing to the scene. one moment, the road was clear. the next, whiteout conditions. >> have all ems come to 78 and

lane. >> reporter: snow squalls barrelling across pennsylvania highgays today, catching drivers offguard. >> it just sounded like two bombs went off. there were a couple of people laying out. and trucks and cars all smashed, cars underneath tractor trailers, in between tractor trailer, andust total destruction. >> reporter: dozens of ambulances shuttling some of those drivers to a local firehouse to keep them out of the bitter cold. tonight, everyone has beenless kud rescued, but cars and trucks still on the interstate. tom, you can see the cleanup is continuing. the interstate will remain closed until about midnight tonight. state officials asking people to stay off the roads unless they absolutely need to travel. tom? >> it is a mangled mess behind you. eva thank you so much. >> t tt squall, part of a front that is also bringing arctic cold from theidwest to north carolina to maine. take a look. minus 16 on the thermometer in cedar falls, iowa.

like this woman in new york@ city. here's abc's phillip mena. >> reporter: whiteouts mixed bitter cold, sweeping east tonight. what doest feel like? >> it's freezing. >> reporter: more than 100 million people bearing bone-chilling temperatures. cities acrosthe northeast declaring a code blue. police racing to get the homeless off the street. new york city could feel the coldest air in years. wind chills expected to dip to 40 below upstate. and that's where we find meteorologist indra pettersons. >> here in lake erie, you can acacally see the line of lake effect snow that is forming something you should not be seeing in february as the lake should be frozen over. >> reporter: we've seen on ermal cameras how the body's heat escapes around collars and zippers. doctors urging people to take this weather seriously. >> if you're out with exposed skin in as little as 10 to 15 minutes, youan start feeling symptoms of burning, stinging, pain in your extremities from the cold. >> reporter: after you've been in the cold, take your time warming up. don't rub your hands together.

and use laukwarm water, not hot, to warm y yr hands. another concern? your home's water pipes. keep a steady drip to those pipes don't freeze. and know where that shutoff valve is in case they burst. and tom, another tip? experts say you should keep the thermostat on your home at a consistently warm temperature. and inside your home is exactly where you should be tonight. 0 officials are advising people in this region to stay inside. tom? >> phillip mena tonight. thank you. still ahead tonight, the death of justice scalia, sure to be part of tonight's republican showdown. the gop rivals taking the stage. the war of words heating up between donald trump and ted cruz. this just got interesting. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat

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cast on tonight's republican presidential debate in south carolina. but the battle on that stage certain to be fierce anyway. abc's mary bruce in south carolina for us tonight. >> reporter: tonight, a critical moment in the gop race for president. the candidates, tearing each other apart. set to faceoff on a debate stage in south carolina. >> find out where he gets his money. >> reporter: donald trump and ted d uz poised for an ugly evening. >> as it gets closer, it's going to get nastier and nastier and nastier and they get personal, they get ugly. >> reporter: and it's already pretty ugl with one primary win each, cruz and trump are clobbering each other to take the third contest. trump taking it to a n%w level, threatening to sue. tweeting, if ted cruz doesn't clean up his act, stop cheating and doing negative ads, i have standing to sue him for not being a natural born citizen. cruz punching right back. > there's more than a little irony in donald accusing anyone of being nasty. >> reporter: already looking beyond the primary, cruz is taking on clintotoin a vicious new ad.

clinton a shameless politician always plays her cards right >> let' dispel with this fiction that barack obama doesn't know what he's doing. he knows exactly what he's doing. >> reporter: senator marco rubio will try tturn things around, and avoid a repeat of his dismal performance at the last debate. ohio governor john kasich, hoping to ride the wave of his strong second place finish in new hampshire, appealing to religious voters. >> i found the lord a longngime ago. are you? talk about his faith isn't part of a deliberate strategy. >> look, whether i win or lose, my life is great. and theord loves me. and, so, it is not about, like, i'm going to deploy something to win a vote. if it doesn't work, it doesn't work. >> reporter: and tom, every candidate here tonight has a lot to lose. south carolina is known for picking the republican nominee. so, while trump and cruz duke it out, the other candidates will be trying to break through, reaching out to traditional conservative supporters. tom? >> mary, thank you. and when we come back, more

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finally tonight, we return to that breaking news. supre court justice scalia, dead at the age of 79. died in his sleep at a resort in texas, leaving behind his wife, maureen, and their nine children. chief justice john roberts issuing a statement just moments ago, calling scalia's passing a great loss. for a look back at his life and legacy, let's go back now to abc's terry moran. terry? >> reporter:well, tom, justice scalia is one of those justices who we remember not just for the rulings that he handed down in the majority, but for his dissents and even beyond that. for the words he wrote. he was the best writer on the supreme court, with the possible exception now of justice elena kagan. and he was just a person that

that's why he's a hero to so many conservatives, that's why he's such a figure fofoboding for so many liberals. >> and terry, how hard d d you think it will be for the republicans, if they do o t their opportunity, say, come next year, to put somebody of that magnitude back on the court? >> reporter: well, it's going to be very difficult, because it is now, obviously, a battleground, with the death of justice scalia scalia. his career in the supreme court was that he desperately wanted to overturn roe versus wade. it's one of the reasons that ronald reaga put him on the court, and he was never able to, an now that will be the leading point of debate in his replacement. will the next justice be as conservative? democrats do hold almost a filibuster strength in the united states senate, so,

justice is going to be dealing with a much more polarized washington. justice scalia may be the last of an era, a justice who got in, in a time when the supreme court wasn't s sh a battleground. >> terry moran reporting in from mexico city. terry was covering pope francis' vivit in mexico city, but of course, he covers the supreme court for us. and he was able to step up and really explain and put this into context, whatthe passing of such a conservative titan like antonin scalia and his time and legacy on the court. terry, thank you s much for your reporting. we'll have much more on the passing of justice scalia on "gma" and "this week" in the morning. i'm tom llam. i'll see you right back here tomorrow night. thank you so much for watching.

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