i think that is worthy bush v. gore -- where the bush v. gore case moves into the more recent cases, by denying that there is a fundamental right of the world and treating that -- right to vote and treating that right is something that needs to be balanced. caroline: curt, what kind of comparisons would you draw? curt: what jumps out at me is sort of the contradictory argument that i hear from progressives when we are talking about those two cases. one of the complaints that progressives make about bush v. gore is that the supreme court mismanaged something -- i shouldn't say mismanaged -- micromanaged, in their view mismanaged, a matter of state law. yet the preclearance section of the voting rights act, that is all about micromanaging, about jumping in early and negotiating what federal bureaucrats think is acceptable. and also, i have heard it today, several of the panelists have said the supreme court's mistake is it did not allow things to proceed. it jumped in. that is what preclearance does. preclearance not only doesn't wait for the

. >> final question, because i know you have to go, rachel, bush v. gore is a case that justices bring up. i've seen multiple justices defend it in anguish because it was such a knock against the court. his famous remark about bush v. gore was get over it. what does that tell us about him as a judge, last question. >> it just tells you what he is as a political figure, honestly. it's not like none of those justices knew what they were doing. and it's not like in bush v. gore the count of the justices came down regardless of the partisan affiliation of the president who appointed those justices and the ideological lineup of the judges on the court at the time. yes, they're jurists, but they're political actors. and the politics tonight that are already being unleashed about replacing him are going to be bigger that be anything we could have imagined. this now is going to change the presidential race. this is going to clahange the re for the united states house, even though they're not going to have a role in this. this is going to change one third of the un

. >> bush v gore is a case that justices bring up. i've seen many defend it in anguish. his famous remark about that was get over it. what does that tell us about him as a judge, last question? >> it tells you what he is as a political figure i think honestly. it's not like none of those justices knew what they were doing and it's not like bush v gore the count of the judges came down to the appointments of the you justices. they're political actors. the politics that tonight are being unleashed about replacing him are going to be bigger than anything we could have imagined. this now is going to change the presidential race. this is going to change the race for the united states house, even though they're not going to have a role in this. this is going to change one-third of the united states senate. this is going to change what it takes to be seen as a qualified nominee in the presidential race. if the republicans do try to hold a vac ansy in the supreme court open for a year in the hopes that they're going to get a republican nominee to put somebody on the court, that

he cast a crucial vote in bush v. gore in the case that made george bush president. he was held in high esteem by them. bringing in chief legal correspondent jan crawford. jan, the supreme court is scheduled to go back session a week from monday. how does the death of justice scalia affect the way in which the court will move forward? >> jim, it's really almost impossible to say just how much because there are so many different levels. obviously, on a personal level, just like you said, there were very, very good friendships on that court with the liberal justices. we think of justice scalia's conservative fire brand. you say some of his writin and liberals kind of out there watching thinking, oh, my gosh, he must be kind of off the wall but he had very close gins considering and justice kagan. with everybody on the court, he was beloved as a presence. when you think of his presence on the court, not only was he a conservative vote but but hoe provided the key fifth vote. this supreme court is closely divided, five conservative and four liberal justices. with justice

another victory bush v gore, the 2000 ruling that awarded bush the presidency. so -- so there. >> reporter: in dissent he was biting, caustic, clear. when the court upheld obamacare for the second time last year, scalia sneered we should start calling this law scotuscare. they feared his pointed questions. >> when did it bm unconstitutional to exclude homosexual couples from marriage? when did the law become this. >> reporter: scalia's death leaves the court shorthanded, 4-4. the stakes could not be higher. especially since one of those four conservatives swings to the liberal side unpredictability. terry moran, abc news, mexico city. >> so passionate about his work and so beloved by his colleagues. it in the weeks . >>> this is new york's number one news. channel 7 eyewitness news. >>> now eyewitness use this morning. >>> developing at 4:30, raging fire rips through several homes in brooklyn, eyewitness news is on the scene as firefighters work to get those flames under control. >>> disgraced cover, they want to know if he assaulted a woman inside a hotel. >>>

another victory bush v gore, the 2000 ruling that awarded bush the presidency. >> we did the right thing. so -- so there. >> reporter: in dissent he was biting, caustic, clear. when the court upheld obamacare for the second time last year, scalia sneered we should start calling this law scotuscare. they feared his pointed >> when did it bm unconstitutional to exclude homosexual couples from marriage? when did the law become this. >> reporter: scalia's death leaves the court shorthanded, 4-4. the stakes could not be higher. especially since one of those four conservatives swings to the liberal side unpredictability. terry moran, abc news, mexico city. >> so passionate about his work and so beloved by his barbara: "eyewitness news" in first alert mode a winter storm bringing a little bit of everything from snow to freezing rain. john: we have live team coverage from around the viewing area as and delays. barbara: good morning, carolina, welcome on monday february 15, 27 degrees at 4:30. i'm barbara gibbs. john: i'm john clark. we will check with first alert meteorologist don schwenneker fo

another victory bush v gore, the 2000 ruling that awarded bush the presidency. >> we did the right thing- so there. >> reporter: in dissent he was biting, caustic, clear. when the court upheld obamacare for the second time last year, scalia sneered we should start calling this law scotuscare. they feared his pointed questions. >> when did it bm unconstitutional to exclude homosexual couples from marriage? when did the law become this. >> reporter: scalia's death leaves the court shorthanded, 4-4. the stakes could not be higher. especially since one of those four conservatives swings to the liberal side unpredictability. terry moran, abc news, mexico city. >> so passionate about his work and so beloved by his colleagues. >> we'll hear a lot more about it in the weeks ahead. >> that's >>> good morning, it is 4:30, monday, february 15. >>> we're following several developing stories, a fast-moving fire in montgomery injuries a firefighter and damages several homes. >>> a suspected robber led philadelphia police on a chase this morning leaving an innocent bystander being injured. >>> i-95 the

another victory bush v gore, the 2000 ruling that awarded bush the presidency. >> we did the right thing. so -- so there. >> reporter: in dissent he was biting, caustic, clear. when the court upheld obamacare for the second time last year, scalia sneered we should start calling this law scotuscare. they feared his pointed questions. >> when did it bm unconstitutional to exclude homosexual couples from marriage? when did the law become this. >> reporter: scalia's death leaves the court shorthanded, 4-4. especially since one of those four conservatives swings to the liberal side unpredictability. terry moran, abc news, mexico city. >> so passionate about his work and so beloved by his colleagues. >> we'll hear a lot more about it in the weeks ahead. >> that's what's making the snow moved in overnight blanketing hampton roads here's a live look outside for skyview in norfolk and the weather radar showing which areas are affected right now we've got team coverage in the studio and also out in the elements greg is tracking the snow and ashley has given my interest willie brown is live in the

he, of course, was in the majority in bush v. goren 2000 which essentially made president bush president. he has been a stallworth opponent of abortion rights, voted against roe vs. wade at every opportunity. he voted against gay rights at every opportunity. he wrote a scathing dissenting opinion in the the case that gave gay people the right to marry in all 50 states. there is almost no issue, except for the first amendment, freedom of speech, where he has not been a down the line conservative. >> to sum up his legacy, a hard thing to do for a man with this history, what would you say, jeffrey? >> i would say that the conservative idea that the constitution should be interpreted as the framers understood it in the late 18th century, the idea known as originalism, he was the leading advocate, the leading scholar, the leading -- the person who brought that idea into the mainstream. and it is now a very much ascended view of the constitution. that he is the person most associated with that. he had enormous success, not total success, bu

another victory bush v gore, the 2000 ruling that awarded bush the presidency. >> we did the right thing. so -- so there. >> reporter: in dissent he was biting, caustic, clear. when the court upheld obamacare for the second time last year, scalia sneered we should start calling this law scotuscare. they feared his pointed questions. unconstitutional to exclude homosexual couples from marriage? when did the law become this. >> reporter: scalia's death leaves the court shorthanded, 4-4. the stakes could not be higher. especially since one of those four conservatives swings to the liberal side unpredictability. terry moran, abc news, mexico city. >> so passionate about his work and so beloved by his colleagues. >> we'll hear a lot more about it in the weeks ahead. >> that's3 here is live look from the wolf ridge ski resort in mars hill this morning. while we are not seeing snow falling there yet, forecasters say county schools have closed for today, along with several other counties. closures and delays are scrolling at the bottom of your screen. a complete list is also on wlos dot com. 3 3

another victory bush v gore, the 2000 ruling that awarded bush >> we did the right thing. so -- so there. >> reporter: in dissent he was biting, caustic, clear. when the court upheld obamacare for the second time last year, scalia sneered we should start calling this law scotuscare. they feared his pointed questions. >> when did it bm unconstitutional to exclude homosexual couples from marriage? when did the law become this. >> reporter: scalia's death leaves the court shorthanded, 4-4. the stakes could not be higher. especially since one of those four conservatives swings to the liberal side unpredictability. terry moran, abc news, mexico city. colleagues. >> we'll hear a lot more about it in the weeks ahead. >>> a wild car crash ends with three women in a hospital. video you will only see at 5:00. >>> a local mayor wants to nix his village department. >>> flurries out there? >> maybe come down a little heavier in some spots. where you see the darker purple. snow this morning primarily u.s. 30 and north. this snow is not expected to stick around all day, in fact it should

eleanor: to quote justice sceel when asked about bush v gore, get over it, it's so long ago. the cuba policy has been decided and marco rubio is preaching to a very small choir and may play well in the primaries but if he is the candidate, it's not a winning position. tom: quickly. and i share them about our policy towards cuba, especially this rush to go there with the president in terms of a authoritarian nasty regime but the policy has been made. it has been. i'm biased because my father was a foreign service officer but i think far too often we have a great diplomatic corps and we politicize on both sides that we send stupid people who are not qualified who have given a lot of money. when we have f.s.o.'s doing their job, we should send them. mexico is an important country. rubio should not do this. john: should rubio lift his hold on jacobson and allow nomination go to a vote, yes or no? pat: it's got to do strictly with politics. eleanor: yes, and now that he's got other things to think about, like the presidency, he may not be so consumed with being a pain in the neck

among justice scalia's most important decisions, he cast a crucial vote in "bush v. gore "the case, of course, that made george w. bush president in 2000, despite his ideological opposition to the perspectives of colleagues like justices in high esteem by them. we will pring in our chief legal correspondent, jan crawford right now. jan, the supreme court is scheduled to go back into session a week from monday, so how does the court move forward? >> reporter: i mean, i think that's one of those almost unimaginable questions. when you think about that seat that justice scalia has held now for 30 years being empty and the role he played on that supreme court and the impact he had on the law. of course, you know, this sparkling intellect, this conservative icon, not always able to persuade even the more conservative justices to go along with him, but always sticking to his guns, willing to write separate dissents, arguing that the law actually should be turning, in a conservative direction. and now, of course, getting that majority on the supreme court many times to go along

bush v. gore, one of scalia's most monumental decisions! put it together! put it together! come on!arry: what are you even saying? >> mike: the man was quail hunting the day before he died. quail? dan quayle? vice president of george h.w. bush, bush, the '90s band big in the grunge scene, grunge, kurt cobain. was he killed by courtney love? we may never know. >> larry: old on, hold on just a second! what does that have to do with antonin scalia? the guy was just a 79-year-old man with a history of heart problems. >> mike: prove it. >> larry: wait. why do i have to prove my very believable premise, but you don't have to prove any of the crazy (bleep) you say? >> mike: that's how conspiracies work, larry. fine, you want something provable. how about this? >> larry: oh, here we go. more crazy nonsense. >> mike: hear me out. >> larry: okay. >> mike: john poindexter, the billionaire who owns the ranch where scalia was vacationing for free when he died, was the subject of an age-discrimination case that was never heard by the supreme court because scalia helped vote it down. cut to, scali

we have seen really since bush v. gore the notioneme court not necessarily an impartial arbiter of american society. the court has been politicized and i think even more so as a result of the death of justice i think we are headed toward a major debate about the role of the court and the significance of having control of the power,at create the next supreme court. i think it's big not just in the presidential race but also --o that i think depending how it shapes out that we may look back at momentous.'t win majority they won comfortable majority, if democrats can't make that up this year then supreme court isstion. >> dickerson: give me your thoughts on democratic race where things stand now. >> bernie sanders is not going carolina wilderness. everyone said he doesn't laugh a chance down here, but he came out very strong out of new hampshire. he's working very hard to getrity vote down here. he's actually was mentioned earlier there are lot of south carolinaian voters who did not know him.opportunity and he's not letting

another victory bush v gore, the 2000 ruling that awarded bush >> we did the right thing. so -- so there. >> reporter: in dissent he was biting, caustic, clear. when the court upheld obamacare for the second time last year, scalia sneered we should start calling this law scotuscare. they feared his pointed questions. >> when did it bm unconstitutional to exclude homosexual couples from marriage? when did the law become this. >> reporter: scalia's death leaves the court shorthanded, 4-4. the stakes could not be higher. especially since one of those four conservatives swings to the liberal side unpredictability. terry moran, abc news, mexico city. and so beloved by his colleagues. >>e'll hear a t more about it in the weeks ahead. >> tha emily: good morning. it's monday, february 15. i'm emily riemer. randy: i'm randy price. following breaking news on the eyeopener right now. at 4:30, a raging fire in worcester. the tough battle overnight for firefighters. emily: a rare battle for firefighters in weymouth. how extremely cold weather contributed to an especially busy night. >>

contrarily, he worked to limit the right to abortion, and was one apologetic about his role in bush v gore, the ruling that handed the 2000 election to george w. bush. just last year, scalia made headlines, voicing his dissent over the 6-3 decision to uphold a key component of the affordable care ability, or obamacare, calling it interpretive jiggery pokery, in which words no longer have meaning. saying the law should now be called scotuscare. one day later when the high court ruled for same-sex marriage, scalia wrote that the ruling was at odds not only with the constitution, but with the principles upon which our nation were built. scalia, who over the years had become the anchor of the court's conservative majority, was confirmed by the senate 30 years ago, 98-0. and jurmer president george w. bush released a statement about the death of justice scalia, saying tom? >> martha raddatz for us tonight. martha, thank you. >>> now, let's get right to abc's terry moran, who covers the supreme court for us. he joins us from mexico city, where he's on assignment covering the pope's trip to mexic

scalia was in the five-to-four majority in "bush v. gore," which ended the 2000 presidential election recount and sent george w. bush to the white house. he also voted with the majority in striking down campaign finance laws as a restriction on free speech. scalia shaped landmark majority decisions like the second amendment case that enshrined the right of individuals to own a gun for self defense and cases affirming the sixth amendment right of criminal defendants to confront witnesses against them. scalia was equally caustic and ssents.en writing colorfulosing he was in the minority when the court struck down a virginia military academy's policy of admitting only men and decided guantanamo prisoners could challenge their detention. he opposed decisions upholding abortion rights, same-sex marriage and president obama's healthcare plan. the cornerstone of scalia's legal philosophy was "originalism", a strict interpretation of the constitution as the framers wrote it in back in the 1780's. >> they never took out these issues: abortion, homos

among justice scalia's most important decisions, he cast a crucial vote in "bush v. gore "the case, of course, that made 2000, despite his ideological opposition to the perspectives of colleagues like justices ginsberg, and kagan, he was held in high esteem by them. we will pring in our chief legal correspondent, jan crawford right now. jan, the supreme court is scheduled to go back into session a week from monday, so how does the court move forward? >> reporter: i mean, i think that's one of those almost unimaginable questions. when you think about that seat that justice scalia has held now for 30 years being empty and the role he played on that supreme court and the impact he had on the law. of course, you know, this sparkling intellect, this conservative icon, not always able to persuade even the more conservative justices to go along with him, but always sticking to his guns, willing to write separate dissents, arguing that the law actually should be turning, in a conservative direction. and now, of course, getting that majority on the supreme court his absence on thi

when he wrote a decision on bush v. gorehe later told me privately he thought that was the end of his chances to be confirmed as chief justice. i think he harbored some desire to be chief justice. but by 2000 or so, the chances had faded. ♪ ♪ charlie: what happens now? we have the likelihood that a republican senate is not going to confirm. what happens? guest: if that happens, we will end up with essentially two full years where the supreme court will not have a full complement. you will have eight justices. that will, to some extent, give the four liberals an advantage. if they can secure justice kennedy's vote, it is 5-3. if they cannot, whatever the lower court has decided will hold. the court always has the ability to put off a case for reargument. but here, if you wait until the next president comes in, that will not happen until this coming january, it will take a while to vet and confirm, by that time you are april or may. the next term is over with. you may not get decisions on important cases for a long time. i als

in 2000, bush v. gore, the courts decided the presidency, not the other way around. n equally divided court in bush v. gore, we would still be counting dimples and hanging chads. >> we don't know what would have happened, we don't know who would have won. we could easily face a more dangerous situation in a close presidential election even than bush versus gore. we really are in unchartered territory. we have sailed into the constitutional bermuda trial here. >> fascinating conversation this weekend when it came to the courts. all the justice are linked to harvard or yale. the people want the government returned to the people. people i talked to pointed to federal judge vanessa gilmore in houston, single black mom, black female, ham to be grad. ant argued nicky haily who led the charge to get rid of the confederate flag. why is the court so elite? >> well, i think for the past 30 years, confirmations have been so contentious, there's been so much fighting that every penalty tries to choose a nominee whose credentials are flawless. no president wants the risk of - >> i

bush, of bush v gore found his way back onto the campaign trial since his presidency. george w. bush who was made president by antonin scalia. he did his first overtly political event. jeb bush is polling in single digits in south carolina, but he's hoping to improve his standing. that's like all the stars are aligning in big blinking arrows to point out what happened here and this issue of the future of the supreme court, this is a really freaking big deal. on election day this year, justice scalia would have been 80 years. justice stephen briar will be 78. justice anthony kennedy will be 83. because so many of the justices are of advanced age and because the older justices are a mixed ideological make up, we have known the next election would be huge. nobody knew they would come into such stark relief this fast and in this sad way. in terms of what happens next, there has never been a situation exactly like this. if you look at the history of the court, on average, once a president nominated somebody to be a justice, on avenuage, it takes 25 days to confirm the nominee, to reje

case david was involved in when he wrote one of the early decisions on a decision on a stay in bush v. gore and later told me privately he told me that was;ib the end his chances to be confirmed as chief justice. think he harbored some desire but by 2000 the chances had faded. >> how did he see himself? >> that's hard to say how do any of us know how we see your selves. i think he was a big hearted person with strongly held viewed. >> rose: can you imagine anyone on the scene if this was not the political football it's become and let's assume it us a republican president to replace a successor who might it be like him? >> it's hard to imagine someone as larger than life as he became over 30 years on the court. but there are some republican lawyers and judges who might. once you have light tenure you start to express yourself more. >> rose: as certain presidents have found out about people they nominated. what happens now? >> we have the likelihood that a republican senate is not going to confirm though the president will nominate so what happens? >> if that happens we will end up with esse

. >>> 2000 bush v gore. it takes a presidential election out of hands of the state. 2010, citizens united. unrestricted spending on political campaigns declared a constitutional right. seven decisions made by nine justices all carrying powerful and invasive influence into the life of our country. who picks the judges, the president. who picks him or her, you do. mark your ballot with care this spring so you'll have power of this fall. thanks for being with us. "all in" with chris hayes starts now. >>> tonight on "all in". >> if the democrats want to replace this nominee, they need to win this election. >> obama justice should not be appointed in an election year. >> what president obama plans to do and how republicans are plotting to stop him. >>> thenning back to the future. >> i've been misunderestimated most of my life. >> the return of w greeted with a trump assault. >> ever ask yourself why his brother went silent for all these years. >> donald's numbers are plummeting after the debate. >> i don't think