it all comes down to appointments- and whether or not the republican controlled senate would actually confirm any appointee from president obama. senate majority leader mitch mcconnell says the senate should wait on a new president to make an appointment. senator lindsey graham republicans should wait until the next president to go through the confirmation process- and there is a strong possibility that one of the six men on the debate stage tonight could be that president. but the question of which of candidate- is not one south carolina lawmakers can agree on. south carolina "if anybody stood out, it would be ted cruz. he's actually argued cases before the supreme court. from a standpoint of legal background, i suspect he's got the most legs to stand on in having a perspective." south carolina "everybody running with the exception of donald trump i am confident can select a supreme court justice that i could vote for. here's the problem: i don't think donald trump or ted cruz can win an election. i don't think ted cruz has a snowball's chance in hell of getting 270 justice scalia's

eight justices for more than a year given the stand off between the white house and the republican controlled senate. >> they will fight it until there's another president. it doesn't look like the republican controlled senate will consider any obama nominee. >> reporter: when you look at the conservative versus liberal make up of the court, it means that four-four ties are possible even probable. when the justices are tied, the lower court ruling stands, that means no national precedent. example, in freed ricks versus the teachers association, a split decision would be a victory for the unions. a religion freedom challenge by charities and non-profit organizations to mandatory birth control coverage as part of obama care. seven separate petitions are part of this case because the lower courts are divided. a texas case that will determine how far states can go to restrict abortion. it could be a set back for abortion rights groups because some restrictions approved by lower court would go in effect in the lone star state. next month, puerto rico versus franklin california free trust will examine leg

with that vacancy, the question is, will a republican-controlled senate allow president obama to replace scalia and we have an answer to that, at least from the republican leader of the senate, mitch mcconnell, is already out with a statement, saying that the american people should speak in the next election, that the next president should be the one that names the replacement to justice scalia, so, we'll see what happens. i expect we'll hear from the president tonight, and we'll see if he intends to go forward with a nomination. very, very tough battle ahead with a republican-controlled senate. it would be one thing if he was replacing one of the liberals on the court. but you're talking about replacing the conservative cornerstone of the supreme court. >> now, jon, you know, you've been in court, in the supreme court for some of the oral arguments with justice scalia. what was your takeaway, sitting to close to him and what do you think his legacy is tonight? >> reporter: well, he is one that could inspire fear into the hearts of opposing council, coming before the supreme court, with

state senators have their way it will this week republican-controlled senate passing a bill to shift money to fixing roads and the funds rate now come from vehicle registration fees but instead of hunting a bus, you write it should go to fix potholes. i -- some drivers applaud republicans for finding a way to fix roads. roles are terrible and you cannot drive through denver, and others say hold on. every week in my debt lives over here. j does not have a car but says if the bus goes away how will he get here. a lot of people don't have cars. c-dot tells fox 31 the are strongly opposed to changing the funding but the major debated by more likely people are to share justin's view. i say keep it, it's a great system. telling me today the majority of colorado support mass transit and the state should be supportive the place are getting around that does not involve a car. denver. joe things switching gears, nice and sunny california but we don't care if it's below zero. it will be and i stayed tomorrow. a little cooler than what we saw today. enjoying the great outdoors tomorrow, parked o

republican. that the strong feeling is that it could meet the muster of expectations, political expectations of the senate, of a republican controlled senate. republicans have vowed they won't hold any hearings on an obama supreme court nominee, but the president says that won't stop him from naming one. senator reid says he wants to see a nominee named in 10 days to get the process rolling. governor sandoval hasn't commented on the claims. new sanctions for north korea are now law. president obama signed off on the new measure yesterday. the sanctions are punishment for kim jong-un's regime, after launching several nuclear and missile tests -- as well as suspected cyber attacks. the measures freeze the assets of anyone doing business related to north korea's nuclear or weapons programs -- or anyone suspected of being involved in human rights abuses in north new developments in the f-b-i standoff with apple. the company is still refusing to help hack the san berardino gunman's i-phone. now, other tech giants like google, microsoft and twitter are rushing to apple's defense, even as authorities claim they need to be able to hack into

a republican- controlled senate committee will discuss the bill today. a hearing in the democrat- controlled house will happen tomorrow. similar legislation couldn't get passed last year lawmakers, then, said it facilitates suicide in cases where a diagnosis may be wrong. a banner year for colorado car and truck sales. buyers registered 8-percent more new vehicles in 20-15 compared to a year ago. the full-year increase came despite a pretty big drop off in december. meanwhile, registrations of used vehicles rose nearly 6-percent. tim jackson, the head of the colorado automobile dealers association credits the full year improve economy, affordable interest rates and readily available people. the most popular new-vehicle brands year were toyota/scion, ford and subaru. retailing giant open as many as 400 of its own physical stores. that's according to the ceo of general growth properties -- the mall operator of places like park meadows and southwest plaza. amazon hasn't announced an expansion here in colorado. currently, it has one physical bookstore in sea

we don't know at what point the republican controlled senate will hold hearings to consider the nomination. republican presidential candidate jeb bush -- getting a little help from his big brother. george w bush -- hitting the campaign trail for the first time since he was president. the former president will be trying to drum up support for jeb at an event in south carolina. after finishing sixth place in iowa -- and fourth in new hampshire -- jeb is hoping for a strong showing there later this week. recent polling shows bush nearly 30 points behind front-runner donald trump - both nationally and in south carolina. bush is also trailing ted cruz, marco rubio and john kasich. kasich took a break from campaigning in south carolina -- and headed to michigan. a state he considers a must-win in order to stay in the race. he held rallies at universities in allendale and east lansing -- where he talked to students about college tuition, debt and jobs. on the democratic side -- presidential hopeful bernie sanders -- was also in michigan today. this was his first campaign visit to michigan. thousa

. >> he says supreme court confirmations can take months, especially if the republican controlled senate votes down any of president obama's possible nominees. a president versus senate standoff could focus attention on senatorial races. republicans are defending more seats than democrats this year. >>> the open justice seat has become a hot topic on twitter. senator ted cruz says we owe it to assure the next president fulfills the replacement. democratic senator harry reid sees it differently saying the president can and should send the senate a nominee right away. and it would be unprecedented in recent history for scotus to go a year with a vacancy. we have much more about scalia's passing on our website, that's at abc7news.com. for updates on any major story any time, download our abc7 news app. >>> the final six republican presidential candidates took part in a raucous debate tonight. they took the stage in south carolina, one week before the primary there, and engaged in what "the new york times" called a mean spirited debate. donald trump and jeb bush fired shots at one another. t

. >>> lines already being drawn between the white house and republican controlled senate for president obama not making a replacement to justice scalia. >> republicans in the senate have already pledged to block any replacement that president obama nominates. >> it's called delay, delay, delay. >> i don't believe the president should appoint someone. >> reporter: politics takes no rest in washington, d.c. but with the death of a conservative champion on the high court, and a lame duck presidency the stakes have just been raced in this blood sport. >> i suppose president obama appoint him to the court and mitch mcconnell would say no. >> reporter: even though the house and senate will likely use their constitutional authority to secure their legacy, the gop stands to lose this epic battle of words because they will be seen as the party of no. >> if it comes through, this rejection of any obama nominee sight unseen is going to add to the narrative. >> reporter: there are a lot of major issues to be tackled in the u.s. supreme court in this like abortion. affirmative action and gun contro

. >> reporter: the president can nominate someone to fill the seat but with the republican- controlled senate, they may not be accepted. to the supreme court session as thhy are handing down more and more decisions. you may end up with a 4-4 vote as opposed to having a majority one way or the other. >> reporter: one thing to consider is the senate may opt to wait to make a decision in case a republican is elected. >>> the flag at the supreme court was lowered to half mast in honor of "keep colorado local" -- supreme court justice antonin scalia . he was 79. we will have much more on 1025 -- supreme court justice antonin scalia 's death tomorrow. >>> there was an avalanche causing a closure on 550. cdottis not sure when it will reopen its. >>> first alert weather is coming up.

and pressed the republican- controlled senate to act as well. president barack obama "i plan to fulfill my constitutional responsibilities to nominate his successor in due time. and there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. but republicans in congress don't see it that way. they don't believe a president with less than a year left in office should make the pick -- they want the next president to make that choice. at last night's cbs republican debate... the men vying for that post agreed. marco rubio/ r presidential candidate i do not believe the president should appoint someone john kasich/ r presidential candidate i believe the president should not move forward dr. ben carson/ r presidential candidate we should not allow a judge to be appointed during candidate it's called delay, delay, delay. the cincinnati v-a hospital is now under investigation for misconduct. the department of veterans affairs did not go into the scope of the investiga

>> the plan is almost cert toon die if it reachathize republicaned control senate. sense to give government id cards to people breaking the law by being in the country. those republicans argue the policy only encourages more illegal immigration. >>> the criminal investigation into chipotle expanded and nowinationwide. chip oeltly-- now nation wide, the new investigation opens safety. food handling has been a concern for the denver based chain. an e coli outbreak in several states and noro virus in boston the company. >>> 2 days after iowa, 2 more candidates have dropped outlet of the republican-- out of the republican race cht rand paul is bowing out, rick santorum is bowing out, this year he finished in 11th place with less than 1% of the vote. santorum endorsed rubio. the republican field which once >>> just down the street from the site of super bowl 50, a long way from the glitsy nfl experience san francisco, fans in santa clara can see the lombardi trophy and watch old time films and see old uniforms, what you don't see there are a lot of other fans. despite being the city home to levi

republican-controlled house. the state would identify 12 underperforming public schools and give students there the choice to transfer to another school in the district. the bill now heads to the republican controlled senate. >>> new tonight. we are finding out how the 200 layoffs at genworth financial will affect our community. katie brooke sat down with the regional alliance today. she is live in the lynchburg newsroom. katie? >> reporter: danner, the layoffs will no longer sell additional life insurance and fix aid nudity products. according to a new employee, everyone from life and annuityeveryone from life and annuities business lost their jobs. i am told those who support existing policies or work with the customer service in 29 is spared. any timing is like this happens in the community, it affects everything from retail to insurance and real estate. but today, organization just launched now hiring. an online newsletter that compiles all open jobs in the area and sends them to those looking. that information has been passed to genworth as well to distribute it to those laid off. >> it is unfortunate that this business line is changing, but we believe that there is room for the -- for the citizens.

look at the benefits of a moderate, someone who in ordinary circumstances would get by a republican controlled senate and have the republicans try to block that or the president can nominate someone who is definitively on the left side of the political spectrum to fire up his own base in an election year. >> you heard senator cruz say he is going to filibuster any candidate. what is the likelihood any nomination gets past the republican led senate at this point? >> i think the chance are relatively small, but the best chance the president has of getting someone through the senate would being to the moderate route, who sits on the bench and confirmed by the senate before to a lower court. the d.c. circuit has a couple sitting on the bench in washington. that is known as a stepping stone or waiting room for the supreme court. others, there is speculation, we might as well say it, their talking about attorney general loretta lynch, because she has this possibility. she is an african-american, she has been confirmed by the senate. there would likely be objections raised, republicans could look bad in the

. >> reporter: the president can nominate someone to fill the seat but with the republican- controlled senate, they may not be accepted. >> this is obviously disrupttve to the supreme court session as thhy are handing down more and more decisions. you may end up with a 4-4 vote one way or the other. >> reporter: one thing to consider is the senate may opt to wait to make a decision in case a republican is elected. >>> the flag at the supreme court was lowered to half mast in honor of "keep colorado local" -- supreme court justice antonin scalia . he was 79. we will have much more on 1025 -- supreme court justice antonin scalia 's death tomorrow. >>> there was an avalanche causing a closure on 550. cdottis not sure when it will reopen its. >>> first alert weather is coming up. this is looking like a nice presidents' day weekend. >> absolutely but we do have some changes occurring. after highs in the 50s today, a it was a bit gussy. the winds hour across the eastern plains and denver. we're talking about a chance for snow in a higher elevations in the next couple of days. >>> the news alert ton

. >> reporter: it won't happen without a fight from the republican-controlled senate who say the next president should get to pick the next justice. >> this term was shaping up to -- in many years. >> reporter: dms and republicans have already rushed to opposite sides on whether president obama will be able to appoint his successor. so for now the supreme court will continue to function with just eight justices. back to you. >> thanks, kate. both a man murdered yesterday and the person accused of the killing has been identified by police. the 54-year-old victim is dr. bishop bostic sr. his son, 21-year-old isaiah bostic was arrested for his murder. bostic senior was a pastor at a man low park church and that's where we report from tonight. >> reporter: it is with heavy hearts that the mount olive originally holy church of god announced the murder of its father and pastor. in a written statement, the church says bishop bostic sr. was a pillar in the community. a flip of one bishop's lively sermons a man who the church says will be dearly missed. the eldest of five siblings bostic sr. w

by delaying this, republican-controlled senate, you imagine you keep the republican, conservative agenda but then cases that may go to the more liberal side. you have republicans who control the senate saying, let's wait until after the elections. you have the president saying listen this is my responsibility. the senate should give a vote and that's their responsibility. is there any chance, at this this point, that the president can find a candidate for the supreme court, a nominee who will -- the senate will then allow a vote, a straight up or down vote or, or is the country so divide at this point, we have an election year that is hard to imagine? >> i think there's a chance, jim, a small chance. if you look at what senator mcconnell's majority leader said yesterday and chuck grassley the committee chairman, the committee that will oversee the nomination, both said the next president should nominate the next supreme court justice but did not say absolutely, no way, no how will there be a vote. there will not be a hearing in the judiciary committee. they are keeping it dry on that par

. >> of course president obama has to get that nominee through the republican-controlled senate in tht election year and mitch mcconnell going on record saying he wants the next president to make that decision. >> the politic system tricky. on the one hand they want to fill it while they know they have the presidency. the problem is if obama picks a there's no way it gets through. >> reporter: with the justice's death, the court split evenly with liberal and conservative judges. with affirmative action, immigration and more all in one boat. the gop candidates make it clear they don't want it to happen. tecruz promising to filibust xwer presidential nominee and his campaign rivals not too far off. >> he clearly has the power to do it, bugiven the choices of supreme court justices in the past, the senate of the out of the main stream. >> of course it's still unclear if republicans willllget their way. but leading democratic presidential candidates pushing back saying it's the senate's responsibility to act quickly. >> the idea that republicans want to deny the president of the united sta

but leaders of the republican controlled senate have already made it clear they justice scalia is survived by his wife and nine children. the republican candidates for president squared off during a debate tonight in south carolina -- one week before the gop primary. the death of supreme court justice scalia put a new focus new at ten -- an urbandale police officer shot and killed a person after responding to a drug call at a hotel earlier today. holiday inn on merle hay road after four this morning. when police arrived -- they found three people in the hotel lobby. that's when officers say one of the people pulled out a gun -- andd started shooting them. police then killed the shooter. a man is dead following an apartment fire. the incident happened last night in waterloo -- and firefigthers worked well into sunday morning -- trying to douse the flames. here's a look at the apartment. there's soot on the snow -- and a tarp covering a window. firefighters say 53-year-old ray reed had severe burns -- and later died from his injuries. neighbors from across the street say he was very friendly

. >> reporter: of course president obama has to get that nominee through the republican-controlled senate in an election year. and the majority leader mitch mcconnell going on record saying he wants the next president to make that decision. >> lthe politics of it is tricky. on the one hand the democrats obviously want to fill it while they know they have the presidency. the problem is if obama picks a hard core liberal candidate, there's no way it gets through. >> reporter: with justice's scalia's death, they're split with decisions on abortion rights, affirmative action and immigration in the limbo. it could shift the balance of it clear they don't want that to happen. ted cruz promising to filibuster any democratic nomie and the campaign rivals not too far off. >> he clearly has the power to do it but given his decision of the supreme court justices in the past, the senate of the united states should not confirm someone out of the main stream. >> dow not have a me duck president make an appointment to the highest court in the land. >> reporter: it's unclear if republicans will get their

president obama says he will choose a nominee, but leaders of the republican controlled senate have already made it clear they do not want to move forward until a new president is seated next year. brian mooar, nbc news, washington. >> this morning a memorial is growing on the steps of the supreme court. since last night, there has been a steady stream of people stopping by to pay their respects. and that's where we find derrick ward. >> reporter: good mornin court, curiosity and a please to see this morning in light of the happenings of last night. take a look, there are flowers here at the foot of the supreme court steps, but this also represents the passing of a certain balance to the ott court. justice scalia was a reagan appointee ruled from the originalism perspective, that is trying to figure out the intent of the framers of the constitution to make those modern day decisions. but it also means the familiar 5-4 slplit that we've seen coul be a thing of the past. could be 4-4 decisions coming on the agenda that is here and they can indeed to the work without a full complement of justi

does not look like president @obama will be able to get a @nomination through a stubborn @republican controlled senate. @both parties are likely to use @this as an incentive to drive @voters to polls in november. @>> soon we will be hearing @ohio, ohio, ohio. @>> yes, say it one more time. @>> thanks. @>>> this is quite a story. @a local innovation is getting @national attention. @paint that can kill bacteria. @sherwin williams launched paint @shield. @you can buy this for your home. @cause infections like staff, e @coli, vre. @steve with sherwin williams @says athletic fascists, @daycares, and schools are @ohio. @>> paint shield will kill the @organisms at greater than 99.9% @within two hours of exposure on @the paint film. @it continues to kill those @organisms up to four years as @long as you keep the paint film @intact. @>> all stores across northeast @ohio sell paint shield now. @colors. @as you can imagine, it is more @expensive. @the price tag is $84.99 per @gallon. @>>> when we come back on news @at 7:00, a gift that keeps @giving. @how a pair of sisters @discovered years of romance @between t

but the question is, will the republican-controlled senate move on that nomination?ey hold hearings on that nominate? the word from the republican majority leader, mitch mcconnell, is that he believes that the appointment and replacement of scalia should be done by the next president, and i would expect that they will not move forward whatsoever on this. but this will be -- this will be quite a battle and be a battle that will play out not only here in washington, between the white house and congress, but on thea campaign trail, as well. we've already heard from hillary clinton, saying that she bengress has a constitutional responsibility to act on a replacement. and we've heard from republican presidential candidates, saying that they have absolutely -- they think there is no way that president obama should be the person that should be replacing, in his last year in office, his last months in office, the person who has been the constitutional icon, the constitutional ballast of the supreme court. >> the president set to face one of his most heated political battles,

presidential election just got significantly higher and says there's a very good chance the republican controlled senate may delay or refuse to confirm any of president barack obama's possible nominees, so the next president could have an immediate impact on the judicial future of the country and because of possible showdown with the president and the senate, scalia's death also focuses more attention on the senate races. runs are defending more seats this year than democrats. live in the newsroom, abc7~news. >> thank you very much. marcel gardner, the man who mario woods was accused of stabbing before he was shot and killed by san francisco police is showing his face for the first time in this new exclusive video. he spoke anonymously only to abc7 news this past thursday about woods stabbing him in the arm with his. >>> the same knife officers say woods refused to drop before they shot the 26-year-old 20 times. >> just get a message out there about just how i feel about the whole situation, about not just people -- not just mario but black people in general getting treated and portrayed the way they ar

death coulul affect the court, which is not evenly split, and exactly how nominee past the republican controlled senate. sure you stay with7 news for complete coverage on a death of a justice, a base right here and online at wsvn.com.>> the republican candidates for president facing off in south carolina. the sudden death of justice scalia for some fierce debate. but out of respect, they began with a silent tribute. they have e latest on the race for the race to the white house. >> reporter: a change in tone the remaining republican candidates took the stage in greenville, south carolina. following moment of silence for the late justice, the candidates were asked how they would go about selecting his replacement. >> man: so i believe the president should not move forward, and i think that we should let the next president of theheunited states decide who should read run the supreme court by the vote of the people of the united states america. >> we need to put people on the constitution is not a living and breathing document. it is to be interpreted as as a resume. >> is up to mitch mcconnell and everyb

. >> he says supreme court confirmization can take months especially if the republican controlled senate delays or votes down any of president barack obama's possible nominees. levine pointed out current supreme court justice anthony kennedy was president reagan's third nominee. the president versus senate standoff could also focus attention on senatorial races republicans are defending more seats than democrats this year. live in the newsroom, abc7~news. >> we have much more about scalia's passing and his work as a u.s. supreme court justice on our web site. that's at abc7news.com. >>> for breaking news updates the moment they happen, download our abc7 news app. >>> new details in the stabbing death of 54-year-old san leandro man and bishop of a church in men -- menlo park. police arrested to 1-year-old man suspected of murdering his nature yesterday morning in his apartment. officers responded to a neighbor's call of hearing man screaming for help. they said the son opened the door covered in blood and they found his father suffering from stab wounds. he died on the scene. >>> police i

tonight the message for the republican controlled senate. and stopping the free fall in oil prices, the agreement by several countries to stablilize the world markets >>> we begin with a count down to the south carolina republican primary. the g.o.p. candidate spent the day criss-crossing the palm meadow state. they have their work cut out for them. donald trump has a huge lead >>> ohio governor john kasich had a standing room crowd telling them this we ought to stop yelling in the republican party. this state has a reputation of being rough and tumble, and this primary is no exception. >> republicans duke it out in the first in the south contest. one day after his brother president george w. bush campaigned on his behalf. jed appeared outside a gun manufacturer to make his case for the presidency. >> i have a proven record of electability. >> reporter: he spoke about having his older brother stump for him. >> he is a person of integrity. it's great that he game. it made a difference. >> the man that leads in the polls, donald trump came out

one who may force hearings, and an eventual up or down vote in the republican controlled senate. according to the washington post, sandoval is on the paper's "short-list" as one who would make the senate quote: "squirm." his strengths? he is a popular hispanic governor -and he has federal bench experience. yesterday senator reid said he was going to carson city to talk to the governor. when asked if the topic would be a supreme court nomination, reid wouldn't elaborate. the national media has latched on to the rumor. "the last word with lawrence odonnell: -senator heller- he has indicated that he would support a nomination. there would only be three more for a 50-50 tie which joe biden would break, to get the nominee confirmed. " " prof. fred lokken/tmcc political science; everything about the nomination meets the criteria, exceeds the criteria, is true. " senator reid says he would like the president to make a nomination annoucement in ten days.### the nevada democratic caucus is this saturday. the republican caucus will be on tuesday. and plenty of presidential candidates, are

. >> that been drawn between might house republican controlled senate just two days after the death of supreme court justice scalia. president barack obama says he will soon nominate successors. sentiment majority leader says, not so fast. >> we have a report. republicans in the senate, have already pledged to block any replacements that president obama non faith. it is called delay, delay, >> i do not believe the president shut appoint someone. politics takes no rest in washington, d.c.. . but with death of conservative champion on high court, a general election year, and lame duck presidency, the stakes have just been raised in in blood sport. >> my supposed president obama resurrect appoint had him court and mitch mcconnell would say no. preliminaries at experts alan lickman says even white house senate likely use their constitutional authority to secure their legacy, the g.o.p. of words because, they will be seen as the party of no. >> if comes through this rejection of any obama nominee sight unseen add to the narrative, there are lot of mayor issues to be tackled in the u.s. supr

the political focus centers on whether president obama will get a replacement through a republican-controlled senate. >>> a well-known public figure has passed away. the former secretary general of the united nations he served the u.n. in the 1990s he was 93. past the top of the hour and welcome tonya rivens monitoring the roads on this tuesday. >> looks like we are starting out with a problem on 277 outer. sponsored by people's bank. as we see an accident 277 by third street congestion is starting to build. we have a dot camera close by. more r morehead street maybe a great alternate. and we have another problem around center city right by 12th street and 277. westbound between brevard and college street a lane is closed also an accident by the plaza close to park wood avenue. central avenue is a great alternate route to get around this. >> thank you. it gives a new meaning to having a rock. >> next, find out just how many carats makeup this massive introducing longhorn's big, bold, steaks. the only way to make em' better was to make em' bigger. our new center cut 10 ounce filet. our perfectly seas

. >> he says supreme court confirmization can take months especially if the republican controlled senate delays or votes down any of president barack obama's possible nominees. levine pointed out current supreme court justice anthony kennedy was president reagan's third nominee. the president versus senate standoff could also focus attention on senatorial races republicans are defending more seats than democrats this year. live in the newsroom, abc7~news. >> we have much more about scalia's passing and his work as a u.s. supreme court justice on our web site. that's at abc7news.com. >>> for breaking news updates the moment they happen, download our abc7 news app. >>> new details in the stabbing death of 54-year-old san leandro man and bishop of a church in men -- menlo park. police arrested to 1-year-old man suspected of murdering his nature yesterday morning in his apartment. officers responded to a neighbor's call of hearing man screaming for help. they said the son opened the door covered in blood and they found his father suffering from stab wounds. he died on the scene. >>> police i

. >> reporter: of course obama has to get the nominee through the republican-controlled senate in the election year. and the majority leader mitch mcconnell going on record saying he wants the next president to make that decision. >> the politics of it is tricky. on the one hand they want to fill it while they know they have the presidency. the problem is if obama picks a hard core liberal candidate, there's no way it gets through. >> reporter: with justice scalia's death, it's split evenly between liberal and decisions on abortion rights, affirmivative action and more all in actiti, it could shift the balance of power and candidates make it clear they don't want that to happen. ted cruz promising to filibuster any nominee and his campaign rivals not too far off. >> he clearly has the power to do it but given his choiois of the supreme court justices in the past, the senate of the united states should not confirm someone who's out of the main street. >> you do not have a lame duck president make a lifetime appointment to the highest court on the land. >> reporter: of course it's still