melissa: blake, thank you so much. david? david: republican senators are keen on preserving the balance on the supreme court with a conservative voice to fill justice scalia's shoes. is this nominee the man? here to weigh in whether judge merrick garland does fit the bill. lis wiehl, fox news legal analyst. lis, your opinion, is he a liberal or isn't moderate? >> i don't think you can predict until you get person on the court. you've seen before you see people on the court they will be one way or other. elena kagan. david: elena kagan score up and down gay marriage, but found gay marriage in the constitution. >> general did i was another one. we can go down the road of history. david: is there single issue that divided this court, nation, gun control, obamacare, unions, regulations, abortion. a single issue divided court on which judge garland would vote against the liberals? >> i don't -- we can point to the second amendment being number one, if you look so quickly at opinions right now. but again, i think we have to give the man a chance. olive branch what we're hearing today. some of the more moderate republicans are saying we're not saying we would actu