he had two nominees, robert bork and antonin scalia. both were vetted completely, brilliant justice, nobody disagreed, they were brilliant judges and great traditionalists. that's what they ought to do, go to the justice department, find the very finest, most brilliant conservatives like a scalia in the court system and nominate them. eleanor: what was that comment you made about mrs. reagan's justice department nominated -- pat:mrs. reagan was the one who reagan agreed with it. john: issue two, pontiff, prophylactics and trump. pope francis returned to the vatican following visits to cuba and mexico. while traveling he observed that condoms could be justified in regions afflicted by the zika virus. but the pontiff insisted that abortion can never be justified. the pope believes condoms can help stop the suffering caused by microcephaly, abnormally developed heads in babies, which scientists believe zika can cause. the pontiff also said that republican presidential candidate, donald trump is quote/unquote "nonchristian" in his stance on

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 we will see a nominee. mitch mccogin the minor tee said they will not consider many more judicial no, ma'am nations at all. no one

democrats, of course, blocked the nomination of robert bork. the president's next nominee had to withdraw. then he finally was able to get justice anthony kennedy confirmed, his third try. but that took about seven months to do that. you're going to hear republicans kind of looking back and talking about that there is precedent for this with something so important. and keep in mind, for republicans, this is the crucial fifth vote. the court is now composed of really five conservatives, or was composed of five conservatives and four liberals. and now with justice scalia's passing, that is 4-4, the court is in the balance. and,sh, justice scalia not fifth vote but he was that sharp conservative voice, court. so i think it's going to be very difficult to see republicans agreeing with anyone that this president puts up, and of, of course, he's complained that republicans are obstructionist. as i was saying before his remarks started, i don't yet. this is the battle, republicans are ready to dig in for this battle. they see it as affecting nothing l

president ronald reagan initially selected robert bork in july of 19-87. he was rejected by the senate in october of that same year. in less than two-weeks iowa will turn over management of its medicaid system to three private companies. the change was supposed to happen on january first. it was delayed when federal regulators determined the state wasn't ready. some lawmakers still aren't convinced the state is ready. 'if i called cms would they say everything is ready to go and marked completed and were going to move forward march first, couldnt speak for cms i dont know how they would respond what i do know is that we have agreed on....so we really dont know, we believe were ready march first government steps in again.. that is the date the transition will happen. the change is expected to save the state more than 100-million dollars per year. university of iowa police are investigating a disturbing case of sexual misconduct... and they say this is the man behind it. he's accused of a hiding in a girl's bathroom stall in burge hall last night and recordi

>> reagan nominated robert bork in july of 1987, and then robert bork's election was rejected. and then he went to justice kennedy and justice kennedy's confirmation moved forward. dial ideally in the reagan administration -- >> well would you have said president reagan, wait until the general election and let the voters decide. >> absolutely not. >> fair enough, politics by any other name. great to have you on set. >>> late they are week you don't want to miss two republican presidential town hall events in south carolina and hosted by cnn. all six republican candidates will participate, marco rubio, ted cruz and ben carson will appear on wednesday night. donald trump, jeb bush and john kasich will appear on thursday, both events hosted by cnn's anderson cooper. taking place live at 8:00 p.m. eastern. town halls will give south carolina voters an opportunity to question the candidates and of course the passing of supreme court justice scalia. that will be addressed as well. republican presidential town halls wednesday and thursday, 8:00 p.m. eastern right here on cnn. >>> and

reagan first nominated robert bork, who the senate rejected after a long, bitter debate. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later - 97 to 0. democrats say with 11 months left in obama's presidency, there's plenty of time to confirm a justice. that was jonathan karl reporting. president obama was asked if people should assume he'd nominate a moderate to replace scalia. the president said we would nominate except that it would be someone who was well qualified. pope francis caps off his time in mexico today. he'll travel to the former "murder capital of the world" to visit mexico's northern border. he'll deliver one more of the world" to visit mexico's northern border. he'll deliver one more mass and is expected to pray for undocumented immigrants who have died trying to cross into the united states. and a scary moment for the pope yesterday. he was shaking hands with well-wishers when it appears someone pulled on his garment and pulled him over onto a child in a wheelchair. pope francis wasn't hurt,

obviously that was after the robert bork situation and doug ginsburg, god forbid, smoked marijuana yearswell. i don't doubt this action will be popular among republican rank and file. do you somebody who wants a republican to win the white house in november, do you not worry about how it might play among moderates, independents in pennsylvania, ohio, et cetera? >> i have zero worries. it's compelling to take the case to the american people and say the next president will decide the direction of the court. this isn't just a regular seat. this will change the balance of the court. it's far too important to be decided in an election year. i don't care about the thurman rule, it is important. a year isn't too long to wait. the courts will continue to function. all decisions will be upheld by the lower court. our democracy will survive. it's better to let people weigh in on it than let it be decided by a 6-8 vote. >> when the president was overwhelmingly elected in 2008 and 2012, that's the presidential election, do you serve for a full four years until january 20th when a new president comes

the court has been politicized at least sims the robert bork confirmation hearings in 1987. and the court matters. at such a precipice, the country is polarized. if this is not a constitutional one. advice and consent mean that the senate gets to do whatever they want. and the american people can decide whether that's good judgment or bad judgment. but i think that if indeed the senate is not going to confirm anyone, it's better and more honest to say from the getgo, we're not going to confirm anyone rather than go through some theater fake hearings and vote someone down, knowing that we have no intention in the first place of confirming them. >> what about the professor's point that really, for a sitting senator to say we're just not going to recognize the articles of the president. >> are you talking about chuck schumer? >> no, i'm talking about this week. for mitch mcconnell to say, don't even bother to nominate nick. you dismiss the hearing process as kabuki theater, and it may be, but observing the niceties, let's say, it comes short. >> well, call it what you will. agr

robert bork, harriet miers, clarence thomas. this is nothing new which is why conservatives are so crazy that the issue. they are very nervous about this. patrick -- mary: what you don' t see is patrick running under the table after that statement by mcconnell. this is handing the democrats the sentence. -- senate. everyone who another with mitch mcconnell does ended their reelection. the fact is, when the republican business, this is exactly what is fueling the selection. saying one thing and doing another. not getting things done. play by different set of rules. people don' t want that and that is why they are so angry and this is why the selection is like that. why they think report -- why republicans think voters reward them for this is beyond me. everyone will and saying i' m aching constitutionalist. and in they go against the constitution on this because it says the president shall appoint. ed: so which candidates could benefit most from his record nomination? mary: none of them. crews might raise some money. but if this

wars with the political and ideological inquisition used to defeat the supreme court nomination of robert bork and the despicable smear tactics used against the nomination of clarence thomas. by the way, i remember when miguel estrada was nominated by a republican president, and they did everything in their power to stop him from even being on the district of columbia circuit court of appeals, or circuit court of appeals for the district of columbia. there was one reason they did that, because he would have beee circuit court of appeals for the district of columbia is a steppingstone and has been a steppingstone to the supreme court. they didn't want the first hispanic in the history of this country to be on the court nominated by republicans. miguel is one of the greatest attorneys in this country, and yet that's what happened. it's hard to believe with the crying and moaning and groaning i'm getting from the other side when you look at some of these facts. let's go all the way back to roosevelt. roosevelt tried to pack the court. he was a democrat. in these instances i'm showing here, they'r

reagan first nominated robert bork, who the senate rejected after a long, bitter debate. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later, 97-0. democrats say with 11 months there's plenty of time to confirm a justice. >> and jon karl with us from the white house tonight. and jon, a reporter asking the president, should we assume you will nominate a mod rat. how did the president answer? >> reporter: well, he said we should make no assumptions. but the bottom line here is, the president has a choice. he can nominate a liberal who would energize democrats during had election year, or dominate a moderate who has had bipartisan is up support. i would expect him to go in that direction, making it harder for republicans to reject that person, because it's somebody republicans have supported in the past. >> making it clear that nomination is coming. jon karl live at the white house. thank you. >>> now, to that major health headline we reported on last night here. a report linking popular antacids to dementia. a 4

when president reagan, for example, nominated robert bork in 198 7, the seat to replace justice powell went for several months. he finally was able to get justice anthony kennedy confirmed, his third try. but that took about seven months to do that. so you're going to hear republicans kind of looking back and talking about that there is precedent for this with something so important. and keep in mind for republicans, this is the crucial fifth vote. the court is now composed of really five conservatives or was composed of five conservatives and four liberals. now with justice scalia's passing, that is 4-4. the court is in the balance. of course justice scalia not only provided the crucial fifth vote but was that sharp conservative voice, kind of that anchor for that court. so i think it's going to be very difficult to see republicans agreeing with anyone that this president puts up. of course he's complained that republicans are obstructionists. as i was saying before his remarks started, i don't think he's seen anything yet, because this is the battle republicans are ready to dig in fo

going back to the, i guess, the nomination, president bush's -- president reagan's nomination of robert bork back in 1987. since then, and with clarence thomas and others, the supreme court has become much more politicized than it ever was before. that's the reality we live in. and therefore i think it is a legitimate issue to be raised during the presidential year. if the president wants to nominate someone, then that can be debated, you know, during the campaign. as in politics, you have politics -- you know, politics is democracy, and democracy -- the ultimate form of democracy is electing a president. >> new york congressman long island. we thank him for joining us. a little later, we're gonna talk to political consultant hank sheinkopf about governor christie's endorsement of mr. trump. but coming up next, a dilemma do you let your kids play contact sports like football though the increasing worries anyway? coming up next, a pediatrician from new york taking a stand because this doctor is also a mom, a mom with a 12-year-old. and she is refusing to let her son play tackle football. we t

reagan first nominated robert bork, who the senate rejected after a long, bitter debate. reagan then nominated the less-controversial kennedy in november 1987. the senate confirmed him three months later - 97 to 0. democrats say with 11 months left in obama's presidency, there's plenty of time to confirm a justice. you know how frustrating it can be when your flight is delayed by a few hours. it can really alter your plans... but imagine if your flight landed a full 24 hours later. details of a nightmare flight that just landed in new york city. responding to a recent court order asking the company to unlock an i- phone belonging to one of the san bernardino shooters. and here's a look at today's pump patrol. according to gasbuddy.com you will pay .....2.05 at smith's. we have a link to the cheapest prices in your neighborhood on our kolo 8 app or at prices are sapple is firing back after a judge ordered the company to help the f-b-i in its investigation of the san bernardino terror attack. as kolo 8 news now's matt vaughan explains ... the tech giant is now caught betwee

and the battle is beating robert borke to the nomination. he was the man on deck for the supreme court. he was a strong intellectual force and nine years of justice scalia senior. he was on the washington, d.c. circuit before justice scalia. and in some ways i think people believed it was owed to him. he did have a hand saturday massacre in the watergate and enough controversy he was passed up in 1975 when the ford administration went for steven. after reagan chose o'connor to be the first woman of the supreme court who will he chose next and he chose scalia and i will tell you why. >> he chose four. >> but not until 1987 but that made a difference because the senate flipped democratic. he chose scalia in '86 because president reagan was enthralled by the first generation story. he was a conservative but presented a different tale and at the time the administration didn't know if it would get more appointments and justice scalia seemed a lot healthier. he was a smoker i remember telling something and they said i didn't know that. the adminis

one of the names they said don't go with was robert bork.ne of the names they would go along with was anthony kennedy. and reagan nominated kennedy and 97-0 in a democratic senate. so advise and consent means a process like that where the president and the senators have some consultation and discussion about who would be a good choice. host: the current chairman is chuck grassley and he has said he is open to hearings. guest: i think that's what he said. originally come he seemed to say, shortly after justice scalia's death, that this should be reserved to the next president. and then he had an interview with radio reporters in iowa where he seemed to say, we will take it one step at a time. he seemed to say he was open to holding a hearing. and i don't have inside knowledge on this but my belief ofn this is that because public pressure and whatnot, the senate will at least hold a hearing and consider the president's nominee assuming it's not somebody who they think is sight unseen unacceptable. they have got themselves in a situation now wh

. >> reporter: we've had it on both sides, i'll bring up the example of robert bork. you can go back to 1988. that was the last presidential year where we had a lame duck president where you still had a confirmation of a justice, kennedy, who wound up being largely the swing vote for the next 20 plus years. so the president will raise that argument that he has the constitutional authority and responsibility to appoint a success or. it is not clearly spelled out in terms of how much time the senate shall take in doing this. if he picks loretta lynch for example, this is someone who has been vetted recently by the senate in theory, it should not that sets up a big fight yet to come. >> bob: just play it out for the whole year. is it not just the presidency at stake, is it also a supreme court nominee, as well, do you think it will come all the way down to that, that it will be the next president who makes the nomination? >> reporter: i believe the republicans will not accept president obama nominee because i don't think that the president would select somebody along the

robert bork, and doug ginsburg. right now, the court is ex as ronald reagan was to the presidency, so justice scalia was to the court. this is a 5-4 court. this next election needs to be a referendum on the court. the people need to decide. i'm glad the senate is agreeing for what i called for. we should not allow a lame duck president to capture the supreme court in the waning months of his presidency. >> does that mean you're going to filibuster anyone, anyone that the president nominates? >> absolutely. this should be a decision for the people, george. we have an election. democrats, i cannot wait. to stand on that stage with hillary clinton or with bernie sanders and take the case to the people. what vision of the court do you want? let the election decide. if the democrats want to replace in nominee, they need to win the election. i don't think the american people want a court that will strip our religious liberties. abortion on demand with taxpayer funding. i don't think the american people want a court that w

in 1987, democrats refused to confirm robert bork and later tried to derail the nomination of clarence thomas. who are united. >> we are one rib-- >> reporter: for shadowing how brult the fight ahead m be, hillary clinton suggested the president's race had something to do with the republican opposition. >> some are even saying he doesn't have the right to nominate anyone, as if somehow he is not the real president. >> reporter: now clinton accused many republicans of using what she said was, quote, quoted racial language. and in their arguments against the president, i mean, that just shows, here we are, four days after scalia's death and the gloves are already off and a fight over his successor. >> thank you, jan. >>> the chinese military appears to be ratcheting up pensions in the south china sea with new military deployment. cbs news confirmed that missiles set up on woody island and part of the chain and the news after meeting with southeast asian leaders and the island is claimed by taiwan and vietnam. satellite imagery shows tension with neighbors and the u.s. >>> defense secreta

i think if anybody spent all the years she spent on the dc circuit with robert bork, scalia, clarence thomas, understands that you don't get very far in that world if you just verbally or physically punch someone in the face for disagreeing with you. it's a survival mode and inner appeals court, you need at least one other judge to vote with you and she didn't get to where she is being almost the only woman in every context also by being disagreeable. the funny thing is, she came to the premier of scalia ginsburg and gave interviews and thought it was delightful. judge scalia was not there and he's introduced to the audience with a ragearia . and the guy was wearing like these big eyebrows. it was very funny but i did see that when hewas interviewed and asked about it he said, well, there's a first amendment . >> host: next? >> that you for taking the time to speak with us. i was hoping you would comment on the fact that the court is so incredibly secretive and so private, yet he went home made careers and make yourselves famous by exposing the court to the media. i was wondering what