justice elena kagan: he brought a sense of humor to almost everything he did. he teased people, he ribbed people. would make you laugh, make you cry, make you do it allat the same time. he was the most extraordinary storyteller i've ever heard. roger wilkins: and the shambling kind of folksy thing that marshall did, very shrewd. you didn't realize the brilliance and the flexibility that he brought to bear with the way he used language and the way he used his own body. and it worked. narrator: by the late 1930s marshall was traveling 30.000 miles a year, often alone and with little money. sometimes he would visit 2 or 3 different cities in a single day. and when he was home, he and buster made the best of their time together (music) ♪ harlem is harmony, love is a melody, harlem is harmony, ♪ ♪harlem is harmony, harlem is harmony, harlem is harmony. ♪ jose anderson: marshall took advantage of the culture of harlem. boxing matches with joe louis and dinners and music. narrator: thurgood and buster arrived as the harlem renaissance was coming to a close, but the ef

i voted for sotomayor and kagan because i thought they were qualified. i'm not going to let this president abuse power and have no consequences. if hillary clinton wins the white house and she nominates a traditional liberal who i think is well qualified, i will vote for that person >> but your view is, because of the rule changes and the votes already come forward, you view this differently now for this third obama appointee? >> yeah, and i told him that before he did it. >> any other thoughts before we let you go here, especially as we also look toward this debate tonight, where we expect the supreme court to loom large? >> i hope it's not just about the supreme court. our nation's at risk. we need a commander in chief that can keep us safe. and this is an important decision for the next president to make. i'm looking for somebody who's a republican to make this appointment. but more than anyone else, can bring us together as republicans and democrats and keep us safe. i'm looking for a commander in chief as much as anything else. >> and i guess i shou

i will say, justice kagan, what you ask is can the government do it?he government cannot because there are lots of other protections. and remember, if the person is politically neutral, it is the case that the right of political association is the right of political association. if you aren't engaging in it, you aren't actively pursuing the right and any right, or even if you aren't active about it. >> thank you, counsel. mr. frost, you have a minute left. >> thank you, mr. chief justice. a couple points that i want to make. with respect to declaring one as a neutral, if heffernan was engaged in political activity and said i'm supporting spagnola, of course he would be protected by the first amendment. what i'm hearing is that if he said i'm neutral, he would be protected. i see little difference between being neutral and being agnostic in the sense that i'm not taking a position. so -- >> i am so totally confused. i know it was way it was presented to us, but i thought he testified that he had made a choice not to get involved in the campaign, but tha

president obama's appointments of sonia sotomayor and elena kagan, for example, are both

i thought sotomayor and kagan were qualified. i told the democrats when you change the rules to require a majority rule to get appellate judges and appointments through the senate, you're avoiding consensus, which is the tradition of the senate. elizabeth warren led that charge. they changed the rules to help president obama stack the court and put people in the executive branch that could not have gotten a consensus vote. i will not vote for anyone unless there's an overwhelming consensus. i think there is a consequence to abusing power. i think president obama's abuse of executive power, i think elizabeth warren is an ideological hack as far as i'm concerned when it comes to this process. >> those are tough words for a fellow senate colleague. >> it is. i have no respect for her. >> okay. >> none at all when it comes to something like this. none at all. she's turned the senate upside-down. she his the ends justify the means. >> all right -- >> she is a complete hack. >> i will not look for the two of you to be taking a road tri

i thought sotomayor and kagan were qualified. i told the democrats when you change the rules to require a majority rule to get appellate judges and appointments through the senate, you're avoiding consensus, which is the tradition of the senate. elizabeth warren led that charge. they changed the rules to help president obama stack the court and put people in the executive branch that could not have gotten a consensus vote. i will not vote for anyone unless there's an overwhelming consensus. i think there is a consequence to abusing power. i think president obama's abuse of executive power, i think elizabeth warren is an ideological hack as far as i'm concerned when it comes to this process. >> those are tough words for a fellow senate colleague. >> it is. i have no respect for her. >> okay. >> none at all when it comes to something like this. none at all. she's turned the senate upside-down. she his the ends justify the means. >> all right -- >> she is a complete hack. >> i will not look for the two of you to be taking a road tri

oh, my gosh, he must be kind of off the wall but he had very close friendships with justice scalia 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. divided, five conservative and four liberal justices. with justice scalia's passing, it's going to be 4-4 until the next president or the current president puts a new justice on that supreme court. so the entire balance of this supreme court now is at stake. justice scalia's passing could change the balance of the court. imagine the impact that could have on everyday american life. >> so what do we know, then, about the process of replacing him? how will that unfold? it is going to be remarkably complex and, of course, it unfolds during a presidential campaign. >> you hate to throw around the word "unprecedented" because it gets overuse bud this is literally unprecedented in modern history to have a justice whose vote is so crucial to the balance of the supreme court leaving the supreme court during an ele

we're hearing about how justice ginsburg and kagan, while they were intellectually at the opposite end of the-- the polar extreme from justice scalia, that they cared about him and thought-- they thought a lot of him as a man. what you can tell bus what kind of guy he was? >> reporter: well, this is the great kind of contradiction of justice scalia. you see him in his writings, and you would hear about what he would say on the bench and in his speeches and he sounded so combative, but actually, in his personal relationships he was beloved on that supreme court. and he would say,y" may argue with the position and hate the position the person is taking, but i don't hate the person." so he developed an incredibly close relationship with justice ruth bader ginsburg, who is probably the court's staunchest liberal. they would celebrate new year's eve together their spouses. they would go on trips together. fond of one another, and also justice kagan, good friend with her. >> axelrod: judge antonin scalia dead tonight at the age of 79. justice scalia's death is expected to change the tone of

i don'tyor and kagan think either of them got 60 votes. similar to justice alito who got hardly any democratic votes. back in 2006. i think we will see a lot of republican opposition. there may be an interesting calculus in the republican about republican senators from democratic leaning states who are up for reelection. that is a wise vote for them or not. we'll have to see how it plays out. interest of all the republican members of the senate may not be in alignment why comes to this issue. where's the interests of all the democrats in the senate are in alignment. host: our topic is the death of justice scalia who died yesterday at the age of 79. jess covers the supreme court for the wall street journal. we welcome listeners who are listening to us on sirius radio. big debate last night in greenville south carolina. jeb bush: if i am president i people who have a proven record in the judiciary. problem is we have appointed people thinking you can get through the senate because they didn't have a record. the problem is that sometimes we a

kagan, thomas, roberts, and that has been very prominent. ever since dwight eisenhower. ever since someone appointed someone to the supreme court with congressional experience was harry truman and the result is i think a clear constitutional bias in favor of constitutional power, where the court kind of said the president, foreign affairs can do everything, and the statute that requires parents to have the option of identifying israel as the place of birth for a child born in jerusalem. really n. my judgment, it's worth constitutional jury is prudence, vastly in favor of the executive branch, and i think amy, she sits on the senate judiciary committee. >> the attorney general of minnesota. >> and the senate, there's no history of any -- because past senators have been appointed to the supreme court, and every one of them goes through supersonic speed. >> before we go, jp, are there issues of particular interest to the political defense fund that are going to slow down, because we have half a minute of this vacancy? >> sure, there's a risk that this will draw out the proc

justice elena kagan said he is the justice who had the most important impact over the years on how wehink and talk about law. ronald reagan appointed him in 1986, making him the first italian-american to serve on the nation's highest court. his three decades on the court inspired a conservative movement and inflamed liberal critics. he championed a judicial philosophy known as originalism, which seeks to interpret the constitution at the time it was written. he ridiculed the notion of a living constitution. he was known for his witty, sarcastic, and often humorous dissent. he once wrote, an issue of this sort will frequently come before the court clad in sheep's clothing, but this wolf comes as a wolf. he relished jousting during oral arguments. his landmark 2008 decision in district of columbia versus heller held that the second amendment gives individuals the right to own guns. he could be very provocative at times on social issues like same-sex marriage, abortion, and affirmative action. he was a passionate defender of the death penalty. his rulings on the sixth amendment often fav

and justice elena kagan, when she came, made a point of going hunting with him. he made friendships with lots of people. not just his ideological soul mates but he enjoyed the combat of ideas. and he also loved the law. as he told me in an interview a couple years ago, it is a great job for someone who loves the law as he did. it was his great passion. and sometimes he got a little carried away with it. but he left a very, very strong impression. >> pete williams, nbc justice correspondent. thank you again for your reporting on this. we go to the white house where kelly o'donnell has new information. >> good evening. we now can tell you that president obama will be making a statement about the death of justice scalia at 8:30 eastern time, 5:30 pacific. the president is in california and he had a day where he was sort of on a down day playing golf. but his purpose for being in california is to host a summit of ten asian leaders. he's had some time reflect on the death of justice scalia. he was informed while he was on the golf course. he is getting himself togethe

only on fox 31, kagan harsher shows you how to crack the tire co., so the most consumers don't even know about buying a set of tires may not sound that complicated. most of us know to check the tried. but we also went undercover to check that one tire shop after tires that look perfectly fine look for the next time you go shopping. >> it's a ticking time bomb. >> i had a blowout tires that look perfectly fine just waiting to explode becks their driving i next to on the highway. >> it happened to diana huber's family father's day 2012 her husband clayton and their daughter were driving down i 70 near limon when without warning apart. the truck rolled three times. >> the doctor called and he said there was a terrible accident and that my husband was killed but one of my children had survived. >> diana had gone into the tires inspected just days before. the shop didn't tell her her tires are 14 years old. >> all he ever done look at a tire and say oh yeah it is kind of one. it looks one. i didn't know about dates. >> the fox 31 problem solvers eating tires on store shelves to will show you

and justice kagan made a point of going hunting with him when she came to the court. so he made friendships with lots of people, not just his idealogical soul mates, but he enjoyed the combat of ideas. and he also loved the law. as he told me in an interview a couple of years ago, it's a great job for somebody who loves the law. it was his great passion. and sometimes he got carried away with it, but he left a very strong impression. >> pete williams, nbc justice correspondent, thank you for your reporting on this. we go now to the white house where kelly o'donnell has some new information. >> reporter: we can now tell you that president obama will be making a statement about the death of justice scalia at 8:30 eastern time, 5:30 pacific. the president is in california, and he had a day where he was sort of on a down day, playing golf. but his purpose for being in california is to host a summit of ten asian leaders. he now has some time to reflect on the death of justice scalia. he was informed while he was out on the golf course. he's getting himself together and we

i will say, justice kagan, what you ask is can the government do it?he government cannot because there are lots of other protections. and remember, if the person is politically neutral, it is the case that the right of political association is the right of political association. if you aren't engaging in it, you aren't actively pursuing the right and any right, or even if you aren't active about it. >> thank you, counsel. mr. frost, you have a minute left. >> thank you, mr. chief justice. a couple points that i want to make. with respect to declaring one as a neutral, if heffernan was engaged in political activity and said i'm supporting spagnola, of course he would be protected by the first amendment. what i'm hearing is that if he said i'm neutral, he would be protected. i see little difference between being neutral and being agnostic in the sense that i'm not taking a position. so -- >> i am so totally confused. i know it was way it was presented to us, but i thought he testified that he had made a choice not to get involved in the campaign, but tha

you see justice kagan. actually act as judges in some cases in the lower courts. the people that you see coming in behind the justices now are the senior staff of the chief justice. you have the clerk of the court, you have the counselor to the chief justice, you have the head of the public information office of the supreme court. so these are people by and large who have worked in the supreme court for decades. the court staff is essentially a family. that would have known justice scalia in very personal terms having had thousands of interactions with him over the years. so this is not simply protocol, but these are genuine friends of the justice who was such a gregarious and caring and fun person. this is a deeply, deeply sad, personal experience for them. >> in special occupations, there are very few people you can go to, very few people who understand, and they used to talk about justice brennan bringing a decidedly family touch to the confines of the court. if you have a child, you received a gift from

blunt and disagreeable -- two of his closest friends on the bench wewe ruth b ber ginsburg and elena kagan -- who both generally vote with the liberal members of the bench. one of the biggest issues sticking around the campaign trail is discscsion over president obama's right to appoint a new supreme court justice to replace antonin scalia. he was dead for just hours before this became a hot "i intend to make 2016 a referendum on the u-s supreme court""the presidnet under our constitution s a duty to send forth a name to be considered by the senate and the senate has a duty to consider that""basically, they don't have the right to do that but i keep saying are the republicans going to crack are they going to fail, what's going to happen?""it is important for the person appointing them to have some accountability. the president is a lame duck." president obama has been pretty direct in his response. he says that he'll name his nominee in due time for the senate to consider -- and that what it supposed to happen next is very clear. "i intend to nominate somebody, to present them to the ameri

end to the very well served. >> the materials left over from the elena kagan search. >> i pointed out to someone yesterday or the day before the somebody has been previously considered for supreme court vacancy does not disqualify them from being considered this time around. doesn't mean everybody considered last time will be considered this time but i think more importantly the institutional experience we have in conducting two successful supreme court nominations of sonia sotomayor and elena kagan will be valuable to us as we move forward with this process to fill up the vacancy. >> the interim since the elena kagan nomination, those records have been updated, this is something to add to the list in case we get another nomination. >> i don't have a good sense how that works, the rest of us are not paying attention to the supreme court, what work goes on behind the scenes to keep those records updated. i suspect somebody is thinking about that all the time. what is also true is we have significant resources, a lot of people with legal and supreme court expertise that can get up to sp

kagan's mother's protest is expected to start later this morning at 9:00. 10 on your side plans to be there, and will have an update later today. the so-called affluenza in court today. a judge will decide if the case against 18- year-old ethan couch will be moved to an adult court. two weeks ago, officials moved couch from a juvenile facility to an adult jail, but that doesn't mean his case will move to an adult court. he's accused of violating his probation when he ran off to mexico with his mother. if he's found guilty of that, he could go to prison. a judge gave him probation after pleading guilty to a deadly crash when he was 16. he lawyer argued he was too rich to know the consequences of his actions. norfolk police say a serial burglar is at it again. investigators say he's responsible for three more burglaries, bring the grand total to eight. take a good look at this man. officers say he's hit several local restaurants, including the golden china on east little creek road on valentine's day. they also say last month, he broke into united refrigeration on progress road, and gol

on to mayor and kagan

kagan's mother's protest is expected to start later this morning at 9:00. 10 on your side plans to be there, and will have an update later today. senator mark warner will be in hampton today to talk about cyber security. he will meet with local experts in the field and talk about how our area can become a national leader in cyber technology. part of his visit includes a tour of zel technologies in hampton. also happening today, the public viewing of justice antonin scalia in the great hall of the supreme court building. there will be a private public can attend the viewing. the last time a justice received this honor was in 2005 for justice willliam rehnquist. as part of the tradition, a black drape will hang over the courtroom doors, justice scalia's chair on the bench, and the bench itself. his funeral is schedule still ahead, human trafficking and its impact on hampton roads. police say it's a big problem in this area. how officers are working with former victims to solve it. plus, a serial burglar struck again. where he police catch him. and a scientific discovery that is out of t

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

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 reshaped the debate about the constitution. that's why he's a hero to so many conservatives, that's why he's such a figure foreboding for so manan liberals. >> and terry, how hard do you think it will be for the republicans, if they do get their opportunity, say, come next year, to put somebody of that magnitude back on the court? >> reporter: well, it's going to be very diffjcult, 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 it's one of the reasons that ronald reagan put him on the court, and he was never able to, and 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, whoever gets to appoint the next justice is going to be dealing with a much more polarized washington. justice scalia may be the last of an era, a justi

he did get ee llena kagan interested in hunting. >> what a defining parlts of your life to be able to clerk with him and remain close with him. >> my pleasure. and just a closing thank you to him for everything he did for our country, everything he did for those of us he touched. thank you for having me on. >> no question. paul cappuccio, general counsel for time warner, a very close friend of scalia, of the justice. thank you so much, paul. i appreciate it. >>> i want to bring some breaking news into you. we have just learned that president obama will nominate -- he will nominate someone to replace justice antonin scalia, according to sources telling cnn, this is major deal, as we remember the life, the legacy of this chief justice, there is also the politics and the fact that he was often a deciding vote on a court that now with eight justices is pretty evenly split between democrats and republicans. we've already heard jeffrey toobin, a number -- a number of presidential candidates coming out, senate minority and majority leaders coming out on different sides of this. should the pr

choose but we have two relevant points of reference, in the form of justice sotomayor and justice kagan two. women with unquestioned qualifications. they had different kinds of experience but the kind of experience that would serve them well on the bench. the president put them forward and they were supported by, i think just about every democrat, and some republicans. that is a bipartisan process and i'm confident that we will -- that when the president makes a final decision, the president will be able to make a forceful case that those individuals deserve at least the same kind of bipartisan support that justices sotomayor and kagan got. reporter: something with the republicans who referred several times about who they think should be considered. has there been any of that? mr. earnest: i'm not going to get into the details of their conversations but you would expect there would be some discussion about who the president picks in those consultations. i will say that it's probably hard to have that conversation if the person on the other end of the phone has said that they're not will

obama appointed only to have diversity, one of the two women judges he has. >> kagan. >> kagan arguablybeing on the court after she messed up in harvard. but she was there so he could do what he wanted and what the democrats wanted. when scalia was appointed, joe biden said, i was there and i was involved with him there and he said, hey, guys, scalia is one of the most brilliant jurists in the country of course we have to confirm him and they confirmed him. >> we don't have that anymore. >> we got to run. but we're coming right back. hold on to that. the republican presidential can dads stump in south carolina. did you see any of the debate last night? >> oh yeah. >> fight night saturday day. >> who has the edge? donald trump has a 20-point lead in the polls. but what will it take to close the gap on the front runner. fox news political insider coming back. ...but 9 out of 10 americans... ...aren't getting enough important omega-3s. bayer pro ultra omega-3 can help, with two times the concentration of omega-3s than the leading brand. love your heart ... with bayer pro ultra omega-3. (fl

that's because elena kagan has not been a moderate, she has voted lock step with the other liberals onse i know you feel strongly, and this is in the constitution, it is the president's right to nominate here practically, knowing the division right now, do you see sri srinivasan -- you did mention a couple of candidates that did get unanimous support but this is a supreme court justice and a different level. do you see a candidate who could get -- who could peel enough republican votes away to get confirmation? >> the goldilocks candidate that you were referring to. >> yes. >> absolutely not. i don't think such a person exists. i think the republican party is dug in on a position that barack obama is not going to fill this seat with goldilocks or anyone else. and i think that's the end of the story. i just -- you know, these seats are too important to the base of the republican party to let barack obama fill it in the last year of his presidency when they have the chance to run out the clock. so i think it's interesting who president obama is going to nominate, but the idea that this p

kagan's mother's protest is expected to start later this morning at 9:00. 10 on your side plans to be there, and will have an update later today. senator mark warner will be in hampton today to talk about cyber security. he will meet with local experts in the field and talk about how our area can become a national leader in cyber technology. part of his visit includes a tour of zel technologies in hampton. public viewing of justice antonin scalia in the great hall of building. there will be a private ceremony before the public can attend the viewing. the last time a justice received this honor was in 2005 for justice willliam rehnquist. as part of the tradition, a black drape will hang over the courtroom doors, justice scalia's chair on the bench, and the bench itself. his funeral is schedule for tomorrow. still ahead, human trafficking and its impact on hampton roads. police say it's a big problem in this area. how officers are working with former victims to solve it. plus, a serial burglar struck again. where he hit, and how you can help police catch him. and a scientific discovery

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. so it's big in nutrition and small in calories. i'm not about to swim in the slow lane. stay strong. stay active with boost®. >>> 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 legac

justin elena kagan said he's the justice said he's that the me most influence on how we think and talk about law. ronald reagan put him on the court and he inspired a conservative movement and championed originalism and the approach seems to interpret the constitution as it was understood at the time it was written. he ridiculed the idea of a living constitution. the notion the founding document should evolve with the times. he was known for his witty, sarcastic dissent and wrote an issue of this sort will come before the court clad so to speak in sheep's clothing but this wolf comes as a wolf. always eager for debate he relished jousting with advocates and his landmark 2008 decision in district of colombia versus keller upheld the second amendment gives individuals the right to own guns. justice scalia could be very provocative at times on social issues like same-sex marriage and abortion and was a passionate defender of the death penalty and his ruling under the sixth amendment often favored criminal defendants and enjoyed opera and hunting and singing at parties and was justice ruth

as special counsel to chairman patrick lahey, and on the nominations for sonia sotomayor and elena kagan to finally, jamaal greene, in addition to being the vice dean at columbia, he teaches and writes on u.s. constitutional law and theory and the federal courts. from 2007 to 2008, he was the alexander fellow at the new york university of law and was law clerk to justice paul stevens on the supreme court. he received a jd from yale law school in 2005, where he served as the "article" editor. these are some pretty heavy-duty professors. i have also heard from some more conservative leaning professors who believe the same thing, that the constitution is the constitution, that shall means it shall, that people have a duty to do their job. i am sure all of our colleagues were shocked when justice scalia died. that happened. but when things happen, you have your jobs to do. you have your jobs to do. that is really what this is about today, about a constitutional duty, a solemn oath that people take to do their jobs, respecting not only the history of this country, but really the basic constit

he's been successful with justices sotomayor and justice kagan. it took with a month to name that person and then they both made it through the process relatively comfortably. the president could take a few weeks. we talked about it before. he makes another nomination to the high court. if he wants to expedite it. he may to go someone like attorney general loretta lynch. >> thank you. >>> services for justice scalia will be held this weekend. chief legal correspondent the. >> we are learning more about the final arrange xts for justice scalia. draymond in ceremonial black wool crepe and memorial. both his chair and the bench where he sat. there is a draymope over the courtroom doors. the flag will remain at half-staff for 30 days. on friday his body will lie in repose in the great hall. it is open to all who would like to attend and pay their almosts. then on saturday at 11:00 a.m., a mass will be held at the basilica shrine of the immaculate conception. it is the largest catholic church in north america. you'll remember that the poem conducted ma

thanks for staying with us at 10:00, and kagan harsha. >> and i'm tammy vigil, commerce city police say they are not searching for it any suspects tonight. us live to explain why investigators and neighbors are searching for answers. >> one woman made it to a neighbors to call for help despite suffering a minor head injury but it was too late for the others. >> it's a kind of saturday afternoon activity that nobody on juliet circle was familiar with. >> it's just really sad. yet everyone understood you know something is going on with the ambulance isn't leaving right away. >> please say a 62 -year-old mal and a 43 -year-old woman died from gunshots when inside this house. another woman suffered minor injuries but managed to get to a neighbor's house to call police. >> we believe there was one we are not actively looking for >> most neighbors tell us they never heard the gunshot. >> very nice people. but kathy kreitzer also said she never saw this coming. >> he would come over and see if he was a very nice guy. >> it's the kind of tragedy nobody here was familiar with. >> families are in

both justices soto mayor and kagan had to withstand days of testimony before the judiciary committee. they didn't get a lot of softballs and they also had to withstand a lot of intense scrutiny from all of you for all of you did stories about justice sotomayor's tenure as a federal judge and spent a lot of time scrutinizing the arguments that then solicitor general kagan made before the supreme court. that's part of the process. we expect this to be a rigorous process and the president expects whoever he nominates her this job would be able to engage in that rigorous process and emerge from it having successfully described to the american people what their views are and why they actually are the best person for the job. >> in the republican senate, many of whom are opposed to even bringing this person up for hearing, the president has to consider politics to a large extent how likely these same republicans are going to even give this person consideration, right? can't we just say that goes without saying that he's going to have to consider that? >> i guess i would say two things about

he goes send us elena kagan. the president ended up choosing sonia society society mayor, and then kagan. even though they're both not conservative, they're different political spectrums he really respected her and ended up going hunting with her. during the confirmation, she said she would shoot a gun at some point and went with him. they became hunting partners. they all hunt together even though they were different views. >> i think they learned that from sandra day o'connor who told them if you want to get on the good side of justice scalia, go hunting with him. >> is that what she told them? >> yes. it's a tip she passed on to many others. >> folks on capitol hill could get that, despite having different political opinions they could still make it work. >> of course, we'll have more on the justice's passing. >>> we're going to move on right now to another towering figure, pope francis. his visit to mexico. thousands of the catholic faithful gather inside anticipation of his open-air mass in the state of chia

and also he really took the newest justice kagan under his wing.ldn't have been more different. scalia will go down in history as one of the most transformational justices in our nation. his views on interpresenting text have changed the way all of us think and talk about the law. i admire him for his dedication, energy, and writing. i treasured his friendship and will greatly miss his warmth, charm, maureen and the scalia family are in my thoughts and prayers. it's notorious he took justice kagan out to teach her how to shoot guns at a shooting range but then they went on hunting trips together, too. i can't imagine more of an odd couple. >> as you think about it right now, how do you think justice scalia would wouldn't to be remembered? are we getting it right? >> i do think he would want to be recognized for the path he blazed and originalism but as somebody who lived life. >> and his love of italian food as well. >> that's it for us here in washington. >> she'll be back at 3:00 for a special. see you then. >>> i'm chris wallace. today the judic

justices sotomayor and ka kagan. this is judge patricia millet. she is considered to be centrist and has an impeccable background. this is the odds on favorite who will likely rise 0 the level that could earn a nomination from this white house. he clerked under several conservative judges and that might help him in that process. one more name, how about the attorney general, loretta lynch? she already survived a bruising process to become the attorney general that would seem to make her fairly well prepared to go through this nomination process. one more name i want to share with you is judge jane kelly. she is from the hawkeye state of iowa and it might make it difficult for chuck grassley on the senate judiciary committee to sort of stall that nomination. bill: we'll have more on the death of justice scalia and the battle between democrats and republicans on his replacement. is there precedence here or are wheat in uncharted territory. the battle for south carolina. a raucous debate saturday night. jeb bush bringing out the big guns. his brother

he reminded that the president took about four to five weeks to nominate elena kagan and sonia sotomayor. so, we could have a nominee from the president before the end of march. stacey: justice scalia died last weekend in texas at the age of 79. author harper lee has died. she was 89. lee was best known for her book, "to kill a mockingbird." the best seller was published in 1960. it gave a child's viewpoint of racial injustice in a small, southern town. steve: making news right now, defense officials say a top isis terrorist is dead, after u.s. warplanes hit multiple targets in libya, including an islamic state training camp. the strikes took place close to the tunisian border. investigating how and why a tourist helicopter crashed into the ocean, near pearl harbor. this cell phone video shows the helicopter hovering in the air, right before plunging into the water and overturning. bystanders rushed to help free the passengers, who were trapped inside the sinking wreckage. chris: somebody said, "there's somebody still in the aircraft." so, i dove through from the pilot's side and the bac

senate when we had hearings on elena kagan.member of the senate house doesn't have to play a role, something the founders left only to the senate to provide advice so it is the president and the senate and normally the supreme court is completely separated from politics. but the one time and the one place where the supreme court is not separated from politics is the appointment process. cheryl: i want to let you know really quick the president and the first lady are arriving in the great hall of the supreme court, standing behind two clerics that you see on your screen, the president and first lady choosing to pay their respects to justice antonin scalia, 79 years old, passed away saturday in texas, saying a prayer. the cascades, flag draped, there was a a private ceremony earlier today for the remaining supreme court justices and we should say the service tomorrow, the president and first lady will not be attending, at the basilica of the national shrine of the immaculate conception and antonin scalia's son is going to be lead

he has considered a number of people since he nominated justice kagan. there have been a lot of people that have been vetted. that is why i think you will see something. terms, i historical think it will be a quick domination. host: we are talking with bob cusack on the passing of justice scalia. the latest is available on the hill.com. names that have been mentioned, and the coalition are -- andy k laubesheur. how does that impact any decision by mitch mcconnell? guest: i do not think that is going to change much. wrong, but i think mitch mcconnell has made his opinion quite clear. he is not going to be acting on this nomination. certainly, if it is a colleague in the senate, it would change the dynamic to some degree. but based upon the statements that have come out from republican leaders, i do not see them changing their mind anytime soon. the think it is likely that president is probably going to pick someone who has gone through the process in the lower courts. one of the names that has come up was the deputy solicitor general with ties to the gop-

one of his great friends, and people would be surprised to hear that, was elena kagan. my former student and now supreme court justice. >> but he also, on the court, he was also divisive figure. we certainly give our condolences to his family. but we don't want to just be hypocritical or sugar coat our views on some of the comments. for example like he made during the affirmative action case you referred to last year. i was in the court listen to this. >> there are -- there are those who contend that it does not benefit african-americans to -- to get them into the university of texas, where they do not do well, as opposed to having them go to a less-advanced school, a less -- a slower-track school where they do well. >> i mean, how did his willingness to be polarizing affect the court? >> you know, i think that it's going to be a problem in trying to figure out who's going to be the person who replaces him. but you know, you think about it. he wasn't the most conservative justice. the most conservative justice was an african-american man. clarence thomas. >> very much s