why blame rehnquist for the rehnquist court or roberts for this court? is the power of the chief justice? justice scalia: he has the same vote that i do. there is really nothing he can do to make me change my vote if i want to be stubborn. it is like being the dean of a law school. there is nothing you can do with these unmanageable creatures. now, if he is very persuasive, as roberts is, you want to go along with the chief justice. we are an institution and you want to make the institution work. charlie: is that what you love in the end, the opportunity to go at it and find out where it is, to use a cliche, where the rubber meets the ground? justice scalia: it is probably a part of the whole job i like the most. it is the point at which you have read the briefs and have in your mind your problems with the case and see if counsel has an answer to the problems. it really is the moment of truth, the last chance that counsel has to satisfy the court on the problems after reading the briefs that the court still retains. that is doubtless the best part of the

court to have rehnquist there. so scalia went through pretty easily. there was not a contentious fight. but what i do think you're going to hear, i want to come back to this, i think this debate tonight with the republicans is going to be fascinating because you're going to hear the opening guns on this fight coming out for republican candidates, especially ted cruz. it's important to remember that ted cruz clerked for chief justice rehnquist, a law clerk for him. and he sees himself taz champion of a conservative court, among the candidates. and what i think we're going to see is that donald trump will probably not want to let too much light appear between him and cruz on this. and then you're going to see the other candidates very likely line up in the same direction. it's going to be -- i think the debate is the opening, even though we're in mourning and people need to be deliberate and pay respects, i think you're going to hear the opening guns tonight. >> absolutely. as you so aptly open perfectly put it, davi

so i say why blame rehnquist for the rehnquist court or roberts for this court. >> rose: what's the power the chief justice. >> well, he has the same vote as a do and there's nothing he can do to my vote if i want to be stubborn. it's like being the dean of a law school there's not much you can do with these unmanageable creatures. now, if he's very persuasive as roberts is us want to go with the chief justice because we are an institution and you want to make the institution work. >> rose: oral argument. is that what you value in the end to use a cliche where the rubber meets the ground? >> it's probably to the part of the whole job that i like the most because it is the point at which you read the briefs and you have in your mind the problems with the case and you probe. see if indeed counsel has an answer to the problems you think exist. it's really the moment of truth. the last chance counsel has to satisfy the court on the problems after reading the briefs the court still retains. that's the best part of the job but frankly all the job is enjoyable, 60% of the time. >> rose: what is

chief justice rehnquist used to love fourth amendment cases involving searches and seizures.ust hated those. fourth amendment cases. it is almost a jury question, whether this variation is among -- in a unreasonable search and seizure, reason number 542. yeah, i will write the opinion, but i don't consider it a plus. chief justice rehnquist thought he was entitled to give you a dog. and i did not much like that. susan swain: you are a writer. you have written three books now, is that correct? justice scalia: two. susan swain: two? writing is something it seems you enjoy. justice scalia: you don't want to be an appellate judge if you are not good at writing. susan swain: do you enjoy the writing of opinions and to the exchange of precise words -- justice scalia: as i have put it, i don't enjoy writing, i enjoy having written. i find to writing a very much difficult process. i rewrite, i write again. before the opinion goes out, clerks say it is going out this afternoon, do you want to read it one last time? yeah, i will read it one last time. and i guarantee you, every time i

chief justice rehnquist was the lft to die in office but he had been sick for some time before. we were sort of expecting it. but it wasn't in the middle of a term. in the middle of a term with a ppt -- president of another party than who apainted ash -- appointed hi. i think all the many people who follow this, the culture of it, they're still rattled. lit igants are uncertain about what will happen next. and the conservative move mencht. justice scalia was such a part of that more ofment and with him removed so much will change. gwen: i was taken aback by how quickly the response happened. literally within hours we saw misch mcconnell respond. >> it was really remarkable. one reason why is the debate that night was happening and mcconnell needed to get out ahead of the republican candidates. he did not want to make it look like the republicans were actually wrun -- running the show. he wanted to show that he was setting the agenda. and soon we saw essentially the whole party get in line behind him. over this past week we have seen republicans start to wlay in on that. one of t

chief justice rehnquist used to love fourth amendment cases involving searches and seizures. i hate for the moment cases. it is almost a jury question, whether this variation is an unreasonable search and seizure. opinion, butthe bill rehnquist, if he gave you that, he but he was entitled to give your dog. i didn't much like that. host: you are a writer. you have written three books now, correct? justice scalia: two. host: writing is something you seem to enjoy. justice scalia: you don't want to be an appellate judge if you don't enjoy writing. often put it, i don't enjoy writing, i enjoy having written. i find writing a very difficult process. sweat over it. i i write, i rewrite. before the opinion goes out, the clerk asks, you don't want to read it one more time? and i change something else. it has to be wrestled from my grasp and send on to the printer. writer -- ast file si think it is worth the time you spend on it. host: has technology made the process easier? justice scalia: we have always had technology. wasd wordprocessors when i a law professor. that makes writing,

we just saw ted cruz, a former supreme court clerk for judge rehnqui rehnquist, go into the church.ntonin scalia's son, will serve as the celebrant. he will deliver the homily. no eulogy will be given, we're told. yesterday we saw father scalia say a prayer over his father's casket as justice scalia was lying in repose inside the supreme court building. scalia's four other sons will also play roles today as pallbearers. father beck, tell us what we're going to see initially and the significance of it for people who are not familiar with a catholic service. >> well, jake, the body of justice scalia will be met at the doors of the basilica. and the casket will be blessed back there. it will be sprinkled with holy water reminiscent of the baptism of justice scalia. justice scalia, by the way, was baptized in the cathedral in trenton, new jersey, that's where he was born. coming to the time of the mass of resurrection, a white pall will be put over the casket, a symbol that he is clothed in christ, sprinkled with holy water. that will be done in silence. the casket will be wheeled down

scalia because it in 2005 there was a similar lying in repose ceremony for chief justice william rehnquist and at that time he was present and escorted president and mrs. bush as they came to pay their respects. president obama as you know, chris, will be here later today. we don't know who will have the honor of escorting the president, but it's right up through those two columns of people that the court's great hall is the space between that ceremonial entrance to the

and chief justice rehnquist often the majority and sometimes william brainer but when rehnquist he would sign it. justice scalia would sometimes lose the fifth vote because you have to write an opinion that will keep all five justice, the majority of the nine, on it rather than something that reflects your opinion. >> maybe the vote would be 5-4 at conference and chief justice rehnquist would say scalia write the opinion for the court and the senior justice in the minority would decide who would write the other opinion? so justice scalia would embark on writing an opinion and you are saying maybe because this opinions were so sharp and out there maybe someone would say i don't think we need to go that far and switch around? >> that happened on occasion >> how do you know? does someone tell? tell me how you know that? that is a secret, isn't it? >> not anymore. people do tell and we have the treasure-troves of justice's papers. several justices upon requirement have allowed their papers to become public after retirement and death. i made use of powell's papers. they are wonderful papers >

you called an by by rehnquist in 1988 "a shortsighted exercise in folly." in 2007 dissent you wrote on breyer, the shear apple sauce of the stat our interpretation should be obvious. are you cantankerous? >> i express myself vividly, and the criticisms are criticisms of opinions not of my colleague. i'm a good friend of steven briar, and of sandra day o'connor and if whoever else whose opinions i criticize. >> if they call your opinion apple sauce? >> fine association long as they can demonstrate that it is true. >> you are 76, will you time your retirement so a more conservative president can appoint a like-minded justice? >> i would not like to be replaced by someone who sets about undoing everything i tried to do for 25 or division years. i should not have to tell you that. sure. unless you think i am a fool. >> the wisdom and wit of antonin scalia and kristen, the wisdom for all of the talk every four years about the future of the court, that usually it doesn't actually move votes in a presidential election but i pick up on what i was asking david, if t

chief justice rehnquist used to love fourth amendment cases involving searches and seizures. i just hated those. jury question, whether this variation is among reasonable search and seizure, reason number 542. yeah, i will write the opinion, but i don't consider it a plus. chief justice rehnquist thought he was entitled to give you a dog. susan swain: you are a writer. you have written two books now, is that correct? justice scalia: two books. susan swain: two? wedding is something it seems you enjoy. justice scalia: you don't want to be an appellate judge if you are not good at writing. susan swain: do you enjoy writing in exchange for the precise words -- justice scalia: as i have put it, i don't enjoy writing, i enjoy having written. a very muchen difficult process. i rewrite, i write again. out,e the opinion goes clerks say it is going out this afternoon, do you want to read it one last time? yeah, i will read it one last time. almost every time i will change it something else. it has to be wrestled from my grasp and sent down to the printer. writer, butt a fast i think w

and chief justice rehnquist had a long debilitating illness for months he had thyroid cancer and there was a lot of speculation whether he would resign. he decided not to. he believed that his prognosis was good. unfortunately he died. so that was less of a shock for us. this was both out of the blue. and i think that for many people who watch the court for many years it's almost been conceiveable to watch it without without him up there. >> watch justice kennedy and breyer. we could see more changes if there are retirements on the court. >> that's true. stevens still apparently doing stevens still apparently doing quite well at age 95, talking, writing, quite out there. so it's i think he is -- all of us are at the age where you never know what's going to happen. the odds, uncertainty increaseses as we get older. justice ginsberg, justice kennedy and breyer, could be there for years, for months. but that is really true for all of us. but of course it does bring attention to the age of the court, the advanced age of some of the justices. i think back to the late 1960s, early 1970s when

rehnquist was a real target of democrats in the senate but he survived and went be to be a great chief justice. scalia, by contrast, the first italian-american to serve on the supreme court. interesting that ronald reagan nominated the first woman before anybody of the italian heritage was nominated. nino was confirmed 19-18. i arranged to call him and tell him the good news that he had been confirmed unanimously by a vote of 98-0. there was a silence at the other end and he said who were the two that didn't vote? >> barry goldwater and jay garn, two of the most conservative republicans who had medical issues. he laughed at the irony that he had gotten everybody except those two. i think scalia is the last of the visible, articulate clearly conservative justices ever to get through the senate. >> you know, at one point he indicated he is not conservative because he followed the judicial view and philosophy of originalism. tell us about that. because he said the information -- the constitution is a living constitution. no, no, he went back to the founding father's intent and shaped all

it was president bush, not president obama that attended that rehnquist funeral.hannon, back to you. there are these big cases as we were talking about, the immigration case in texas, court of appeals decision in california, 9th circuit decided public employee union case. both those cases are at the u.s. supreme court along with some other handful of other really important cases, including affirmative action. let me ask you what happens here if there's a 4-4 "/Ñtie. are there a7e couple of choices you can simply let the lower court decision stand? i am going to interrupt myself. here's the president and the first lady. let's listen in. >> president obama and first lady michelle obama paying their respects to justice antonin scalia standing before his flag-draped coffin in the grand hall of the u.s. supreme court. then moving over to the portrait of justice scalia by artist nelson shanks. and interesting if you pay close attention to the detail in the shanks portrait, you'll see some of justice scalia's favorite momentos in the portrait, his right hand sitting on a

justice rehnquist had been controversial in his original nomination process.l of those controversies were dredged up. he was also the first to be nominated. so the -- i think the guns were out and aimed at him early on. and in a very real way, justice scalia was -- he managed to kind of draft in behind then chief justice rehnquist. but today i think you are absolutely right, shannon. it's not likely ever to happen. i can't imagine it ever happening where we are going to have a unanimously confirmed supreme court nominee in today's times. >> yeah n in this environment. quickly, how would you describe the man that those who knew him personally called nino? >> yeah. he was really just a great, charming man of good cheer and good will. those of us who knew and loved him really are still in shock and we're grieving for him. but also for his family, wis wife, maureen, and others who loved him. he -- he was the kind of man that if you came to know, you could not dislike. the people who disliked nino scalia, justice scalia, were those who didn't know him. he was a agr

>> we began to get a revival of jurisprudential federalism during the rehnquist years, in which rehnquist adverse almost single-handedly but then with other help begins to argue that a state, no, to try to the states back in what he saw as the original federal framework with sovereignty divided between the states on one hand, the federal government on the other. and he again ever since the new deal, power had moved to the federal government. in the '90s it seemed to be moving back to the states until we had 9/11 when edwards is looking to the federal government again for production. sandra day o'connor and many others have quoted that when upholding state laws, the argument would go like this. i don't know if this is a good law or a bad law but it's not our business to say what it is that good law or a bad law. if the state wants to do it, then wonderful, because a dairy mistake and try something, and if it works others can follow it, and if it doesn't work they don't have to. then they usually quote this laboratories of democracy which is from oklahoma ice case. >> beautifully explains a

chief justice rehnquist, first of all, he was beloved by members of the court. they all admired him. for his leadership ability. says he is theg best spots she ever had. -- boss she ever had. she has said that a little frequently. [laughter] chief justice roberts: several times lately. he generally led with a pretty .oft touch ,n many ways, it is unwritten what is appropriate for a chief on his own and what needs to be submitted to the conference as a whole. for a vote. you know, you try to be careful in that respect. you have to appreciate, as i mentioned earlier, you are not the boss in the usual sense. chief justice rehnquist had a good sense of when he should assert his authority, as chief. and when he shouldn't. that is something you try to be careful about. one thing that i think the faculty is talking about is something that we all learned at lunch when you have lunch with the faculty today. your role at the smithsonian. chief justice roberts: it might come as a surprise to many people, but the chief justice, by virtue of his office, is also , "chancellor

bush attended when william rehnquist died in 2005, but that was a tighter relationship.esident is trying to send any big signal, and the scalia family is close, and this will be a very catholic ceremony and people who are close to the scalia family have expressed some appreciation, because think of the security detail that would be there for the president. it's a little bit lighter for the vice president, joe biden who scalia was friendly with. there was a couple of times i spoke to the justice where he would recall conversations with vice president biden. i think that's enough, although i'm not trying to express any big opinion on this. i think for the funeral service itself, it is of a different nature here. >> all right. stand by. i have to take another break. thanks to taall of you. still to come, the clock is ticking in south carolina, and marco rubio is going after every last vote. taking a break from jabbing republican rivals and knocking bernie sanders. we'll have more on that, next. ef from your cold & flu. you give them a case of the giggles. tylenol® cold help

and @worked and lived in cleveland @first to die in 11 years, the @last was in 2005 when william @rehnquist died and the @political dominoes are @unfolding and will president @obama be able to appoint a @successor, and antonin scalia @died of natural causes. @much more on this coming up on @"nightly news" at 6:30. @>>> antonin scalia dead tonight @>> . @>> now the weather, bitter cold @and folks are dealing with @significant snowfall. @>> maybe not the last of it. @the temperatures tonight, 13 @degrees downtown and never made @it to the double digits in @akron and not just the @temperatures, windchill @on sunday morning and that's @for the highlighted counties. @and here is the reason why, @we've got winds that are still @up at 5-10 miles per hour. @those are not that strong, but @because temperatures are @expected to fall further, it's @going to be staying cold in @terms of the windchill. @it feels like 5-10 or 15 below @at time. @and 5 below over there. @temperatures are going to zero @sunday morning and as we head @to the south of cleveland and @to the east of cleveland @temperatures in

the political impact of justice rehnquist passing seems quantity. after all he died in 2005. it was just after george w. bush was reelected. he was a conservative justice due to be replaced by another conservative justice appointed by a republican president who had a republican senate to work with. it was a huge deal at the time, but it was nothing like what we're about to see happen on the issue of succeeded justice scalia. because the universe as way of being captain obvious, naturally this happened on president's day weekend and it happened on president's day weekend and it happened just as george w. 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 th

. >> you have to go back to 2005 and chief justice rehnquist, the last time a sit lting justice dd in office. >>> the democratic presidential candidates are also reacting to the death of justice scalia tonight. hillary clinton released a statement reading my thoughts and prayers are with the family and friends of justice scalia as they mourn his sudden passing. i did not hold justice scalia's views but he was a dedicated public servant who brought energy and passion to the bench." senator bernie sanders spoke to fox news sunday anchor chris wallace. >> there is already a fierce argument after the passing of justice antonin scalia. democrats say the president should name and the senate should confirm his successor. republicans say that should be left to the next president. where do you stand, sir? >> i think we want a full contingent on the united states supreme court. they're dealing with emore muno important issues. constitution is pretty clear. let's get on with that business. >> catch the rest of that interview with bernie sanders tomorrow on "fox news sunday." chris wallace also t

had been a law clerk for chief justice rehnquist...now as a senator, he intends to block any obama nominee. "we're advising that a lame-duck president in an election year is not going to be able to tip the balance of the supreme court." democrats are already calling out cruz. "ted cruz holds the constitution, you know, when he walks through the halls of congress. let him show me the clause that says president's only president for three years." democrats-- with fewer senate votes--- may have to take their fight for an obama court pick to the campaign trail as well... "i just don't think it looks good that for very overtly political reasons that the republicans would deny this president the right to exercise his constitutional responsibility, which is to appoint members to the supreme court." a metro constitutional law expert says the political banter is taking away from the real issue 422017 - the more you politicize courts making decisions based on legal principals not based on political and thats a potential problem drake constitutional law a new justice should be nominated sooner rather

supreme court on friday, following a tradition last observed after the death of chief justice william rehnquist in 2005. mark: john kasich once blacks to fly at half staff at government buildings and on public grounds. scalia is buried on saturday. primary. this election year, the golden week has been eliminated, so you could not register to vote and cast a ballot at the same time. to cast a ballot in person, you have to visit the board of elections. mark: donald trump creating a buzz. he purchased the rights to jebbu sh.com. >> cincinnati' s certified most accurate forecast. randi: the middle of the week. we have to get over this hump to head toward the weekend. then the weather will take a nice turn. it has been gloomy and cold. finally, turning the corner toward the weekend. make it through one more gloomy afternoon with sunshine returning tomorrow. high temperatures will be close to 60 by friday. nowhere near the 60' s now. 34 degrees with cloudy skies . the wind is out of the west at 9 miles per hour. it feels like 27. the skies have stayed overcast. temperatures have been a couple with th

william rehnquist is chief justice. and she has been basically in the minority through most, not all of the big cases of her tenure whether it's bush v gore in 2004 shelby county or have you let united. there have been certainly some wins but not, united states versus virginia is perhaps her best known case that she wrote herself for the majority. what's that case? >> guest: that case is one of her favorites because it actually gives her a case to cite her own cases that he brought before the supreme court cause it was the current culmination of the work she had done at the aclu and that case involved the virginia military institute which was at that time a male only military public institution. the case was actually brought by the united states which she was proud of, the fact that the federal government had come around and see an error in its pathways but on behalf of women who wanted to attend the virginia military institute so she wrote this opinion writing all these cases that she had done the oral argument for and

sculley at i remember thinking we haven't had this since chief justice rehnquist and died on the benchs rare to see the supreme court justice dodd on the bench lee usually they resign or their health is failing. 47th supreme court justices died while still on the supreme court that this is so rare in our country's history. i am wondering if you think all of that is being considered among those advisers to the president, advisers to mitch mcconnell and see the gravity of the situation, take the political arguments out of this and realize that this is the future of the country. there are nine justices, that is it and this is a cute responsibility and the critical nomination. in an election year. so many things are fascinating about this. >> there are a lot. it is a big decision. i was in the u.s. senate when we had hearings on elena kagan. as a 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 a

the 2016 election a referendum on the >> reporter: ted cruz had been a law clerk for chief justice rehnquist. now as a senator, he intends to block any obama nominee. >> we're advising that a lame duck president not going to be able to tip the balance of >> reporter: democrats are already calling out cruz. >> ted cruz holds the constitution when he walks through the halls of congress. let him show me the clause that says the president's only years. >> reporter: with fewer senate votes, democrats may have to take their fight for an obama court pick to the campaign trail, as well. >> i just don't think it looks good that for very overtly political reasons that the republicans would deny this president the right to exercise his constitutional responsibility which is to appoint members to the supreme court. >> reporter: for some gop candidates and republican senators, their opposition goes beyond the idea of simply voting down anyone the president might choose. they say there should process, no vetting, no hearing, no vote at all. >> kelly o'donnell at the white house. thank you. >>> and the dea

he is the first justice to do that since william rehnquist.ent obama will be among the mourners paying their respects. at 9:20 this morning, the casket will arrive at the supreme court and be brought into the great hall. there will be a private ceremony at 9:30. public viewing begins at 10:30 to 8:00 tonight. funeral mass will happen on saturday. >>> the brutal mansion murders this d.c. shocked our area and the nation. today suspect darron wint will be arraigned on a 20 count indictment for murder, burglary and kidnapping. last may firefighters found the body of savopoulos, son dead inside their home. their house keeper was also found murdered. >>> possible delays on changes for the department of liquor control after an iteam investigation. after our report, council members started looking at problems inside the dlc, which oversees all alcohol sales. today county delegates will vote on an amendment that could replace a bill and form a new task force that would take a deeper look into the dlc and delay any changes for more than a year. >>> deci

that was last done for chief justice william rehnquist a decade ago. michael: something very different, if you lovebirds, especially the national bird quite a sight out of georgia , tonight. two of the eaglets of the berry college eagle nest have hatched. we've been watching this with you for weeks. here's the view from the eagle cam earlier this afternoon. when the parents move around, you can see them, the baby eagles. the parents are keeping them warm in the february chill. we'll keep an eye on this, and berry college eagle cam. >> now, your live super doppler 4 hd weather forecast. john: right now, looking at heavy freezing drizzle across most of the area, especially along i-85 and north through north carolina and virginia. look at this heavy precipitation to the west. this is what concerns me. when it comes in, our temperatures are below freezing along i-85. we'll probably slowly warm up before the big batch of heavy rain moves in. if it does, and it moves in and we don't get above freezing, we could be talking about a major ice storm across the a

60 miles per from coral reef to >>> justice antonin scalia's body will -- chief justice william rehnquist in 2005 as part of the supreme court tradition, a black drape is hung over the courtroom doors, scalia's chair on the bench and the bench itself.( his funeral is on saturday. >>> this morning the affluenza teen will appear in court to find out if his case is going to be moved to adult court. ethan couch was 16 years old driving drunk and caused a crash that killed four people. it happened in dallas, texas. couch pleaded guilty and was sentenced to probatio he then later fled to mexico with his mom where they were arrested and expedited eventually back to the united states. if this case is moved to adult court and he violates his probation like that again, couch could be sent to prison. >>> if you're one of the more today is the deadline to register your drone with the faa. only about 300,000 people registered their drones since the rule took effect. after today unregistered owners could face serious consequences. users only have to pay $5.00 for a three-year registration and the faa s

when justice rehnquist died, chief justice, of course, president bush did attend that fub rely, but it's not always done. president eisenhower was in office when two justices died. he went to the funeral of one, not the other. this is an individual decision that the white house can make and the white house said they believe the way to pay their respects is to have the president attend the viewing. there is political pushback, some critical of the president's choice not dog to the funeral tomorrow. one is ted cruz, of course running for president. he has criticized the president for not going. he was planning to go himself but now changed his plans. he will leave the campaign trail to attended the funeral. he does clearly have a relationship with justice scalia and the supreme court. >> there has been commentary criticizing how quickly mitch mcconnell came out discussing who would replace justice scalia hours after he was found dead on a the accident ranch. today is the day for the supreme court family to honor him, but is your sense there in washington that the politics continue or that

. >> reporter: republan candidate ted cadn law clerk foref justice rehnquist. now as a senator h innds tock any obamanomie. eising at a lameuck president inn electi year is not going to be ableo tiphe balance of the supreme cot. >> reporter: democts e adyal out cru >> ted cruz holds the constutihen he was through the hall of ss. let show me the clause thatays the prident'y esidentor three ye >> repor with fewerenate votes, democrat may have to take their fight for the campaign til, as well. i just d't think it looks good thafor very overtly polic reass tt the publicans d deny ght to ercise his constuonal reonsibilihi appo mem to t supme court. repter: for some gop cdidate and republican setors, theirpposition goes beyond the idea o voting dowanne the prident might choo. ey the should be no confirmation process. node vetting, no -- no vetting, no hearing, no vote at all. thomas? >> kelly'donnellt the white house. thank you. > the death of justice scalialso raises qstions about how t court mht decide a number of key cases this term from ortionights to affirmative

when william rehnquist was elevated to chief justice. that was one of the last of the easy confirmations given indegreesing polarization we have seen if you think of the robert borke fight and the clarence thomas, the explosive battles, not making it to the court, not being confirmed, thomas after a very contentious set of hearings, ultimately cogfirmed. but, you know, i think that what we are going to see beginning tonight, you are absolutely right, we are going to see could beservatives falling all over each other because he is seen as an icon of the federalist movement, strict constructionists who in their view did not read anything into the constitution except what was in a layman's simplistic's terms what was written in the constitution. this is the discover of -- sort of individual that is held up as a hero by the conservative movement. it points out a couple of things. first of all, it's extremely unlikely we are going to see a nominee by president obama. it's very likely he will put forward a nominee but it's extremely unlikely w

chief justice william rehnquist in 2005. as part of supreme court tradition, a black drape is also hung over the courtroom doors, scalia's chair on the bench, and the bench itself. the funeral is expected to be held on saturday. geoff: a sixteen-year-old boy is in critical condition after a helicopter made a crash landing in the waters of pearl harbor, hawaii. take a look. good samaritans who saw the crash jumped in the water to rescue the five people on board. first responders rushed to the scene and transported the pilot and four passengers to hospitals. no word yet on what caused the crash landing. the navy said the helicocoter is owned by genesis aviation, a company that gives helicopter tours of oahu. the federal aviation administration is expected to investigate. allyson: the fbi searches a california home connected to a relative of one of the san bernardino shooters. the home, tied to the brother of shooter syed farook, has been searched before. but thursday, federal agents were seen carrying out a box of things and a

you served as chief justice rehnquist and he said to our students in the last few days , he learned a great deal from him. do you see yourself having a certain style and those that differ in your view from some of your predecessors? x i know it differs from many of them . i've done some reading recently about charles hughes and what frankfurt said about him is that he looks like god and he spoke like god. i'm pretty sure no one's ever said that about me. none of my colleagues have ever said that. chief justice rehnquist , first of all he was beloved by the members of the court .they all admired him for his leadership ability . justice ginsburg said that he was the best boss she ever had. she said that a little more frequently for my taste and i've heard her say it several times lately but he, i think, generally lead with a pretty soft touch. you have to appreciate that things are appropriate and it's in many ways unwritten what things are appropriate for chief justice to decide on his own and what things need to be submitted to the conference as a whole. and you know, you try to be ca