when "action news" continues tonight. >>> there is new information coming out that suggests that antoine scalia was not in good health prior to his death this past weekend. this was the scene as scalia's casket was being flown from el paso to washington, and then arriving at dulles airport. a judge in texas is reporting talking to the physician for the supreme court who said scalanto scalia had history of heart issues and not well enough to go through surgery. and the successor discussion, beginning with mitch mcconnell declaring a new justice should be nominated by the next president. the republicans don't want a democratic president to change the political configuration of the court. and president obama says it is his constitutional authority to nominate adjust physician and that's what he will do. and pat toomey released a statement saying the next court appointment should be made by the newly-elected president. he, obama, certainly has the authority to do so, but let's be clear says toomey his nominee will be rejected by the senate. ♪ >>> former president george w. bush delighted a big rall