for justice scalia. sometimes we would mention legislative history. sometimes we would say something that he would have thought was in keeping with the focus on the text. he hadlways thought that won 80% of the game in that the that everybody didn't recognize that, didn't courtize that the entire had moved extremely far in his direction, was because he kept demanding that we go the last 20%. he had been aif little bit more of a diplomat at at -- or less of a fighter, what have said was, isn't this cool, basically everybody statues the way they they should and i think that's right. >> gents? >> i think what justice kagan said was exactly right. and it's part of his personality. beingseved that human were imperfect so the last bit would have been difficult for take. justice kagan: it rankled. bill: it rankled, that's the right word. singlehandedlyst transform the terms of not only how things are done but the debate about how things are done. even those who don't agree with interpretations have -- and that

scalia.he was, in his personal life, thoughtful and in public life he had a roar that could be heard for miles. so we thought it would be fitting today to bring together a few people who knew him very well. we're going to talk about his legacy both personally and professionally. next to me is a justice kagan who needs no introduction. you had one last night, we were were very fortunate to have want for the fireside chat. so i will keep this brief it. i will note that she has helped very much every job in american law anyone lawyer would aspire to have. she did it as the first female dean of the harvard law school, the first female general of the united states. in her first first oral arguments in citizens united before justice scalia. we will hear that story this morning. next to justice kagan is my friend bill kelly who is now a professor at notre dame. he started his career as a law clerk for justice scalia. in between those two things he has done some interesting things. he has served as a

involved a justice scalia -- always involved a justice scalia opinion. sometimes he wanted to shake them. he said, look past the way that we write. and he was so, the way that he writes is mesmerizing. and positions you do not think you would ever be attracted to, would all of a sudden become attractive because the way he argues them. times did say a number of that the target audience for him was law students, and he hit the bull's-eye, because students come in, they open the textbooks with dry opinions, and nobody looks at them with a sense of -- and there is no life. and then you read a justice scalia opinion and you start smiling and nodding. you start fighting with him within the opinion. are, just, the opinions they just -- it is hard to describe. year after year, class after class, these students would come came toay, you know, i law school as a liberal and i find myself really attracted to what he is saying. he would say that is from the power of his ideas. i will let him have that. but in addition, he had an incredible power behind his style. he

not so with justice scalia are. he was in his personal life docile, and in public life he had a roar that could be heard for miles. and so we thought it would be fitting today to bring together a few people who knew him very well to talk about his legacy, both personally and professionally. next to me, of course, is justice kagan who truly needs no introduction. you had one last night. we were very fortunate to have her with us for the fireside chat. so i'll keep this brief. safe to note that she's held pretty much, i think, every job in american law any young lawyer would aspire to have. [laughter] and she did it as the first, the first female dean of harvard law school and the first female solicitor general of the united states. in her first oral argument in citizens united before justice scalia. we're going to hear that story this morning. next to justice kagan is my friend bill kelley. he's now a professor at notre dame. he started his career as a law clerk to justice scalia, and in between those two things he's

and you captured justice scalia. well, you didn't need to capture him -- [laughter] >> you mean my advocacy didn't, wasn't necessary to win him over. [laughter] and it didn't do any more than that. >> i was just telling a lady a story about the aftermath of the vmi case. i had a letter from a vmi graduate saying that in his life he had met many women who were at least as tough as he was. he had a teenaged daughter, and he was glad that she would have the opportunity, if she wanted it, to attend vmi. and then i heard from him some six months later. i keep the letter where i can see it every time i want to be lifted up. in the letter was tissue paper. i opened the paper, and there was -- it looked like a toy soldier. of it was a pin. the letter said this is a cadet pins that is given to the -- pin that is given to the mother of every vmi graduate at the graduation ceremony. my mother died last month. i think she would want you to have her cadet pin because in some way you are a grandmother to the future generations of

it, of course, has always been partisan because as the late justice scalia pointed out, justices canpartisan. what was interesting is, i mean, you go back to some of the great justices, oliver wendall holmes and holmes was appointed by theodore roosevelt , a republican. brand ayes was appointed by woodrow wilson, a democrat. yet they often joined together at first in dissent and later their views became the law and it was not polarized along partisan lines, along party lines, but, rather, based on heir shared view of the law. host: our viewers can join this conversation. democrats can call 202-748-8000. republicans 202-748-8001. ndependents, 202-748-8002. the gallup poll recently took a look at what americans think, how americans think the supreme court is doing, whether they approve or disapprove. currently 52% of americans disapprove of the job the supreme court is doing. compared to only 42% that approve. the approval rating has been down since about 2010. since then we know the court has issued some big, controversial rulings. how have those rulings affected the public's confiden

the scalia approach and the c conservative approach is to look at the text and take it for word. the second amendment has an introduction to the guarantee of the right to bear arms which says you have the right to bear arms within the context of a state accomplimilitia. the conservatives ignored that cause and said it is a personal right to bear arms so you can have a gun in your home. that is an example of the constructionists being activists. there are examples of the activist, the liberal wing, being constructionists as they were for example in the citizens united case where they saw no first amendment free speech barrier to the congress regulating campaign contribution by corporations in both amount and with other structures. >> host: up next, mary is calling in from west haven, connecticut on the democratic line. you are on with james zirin. >> guest: hi, mary. >> caller: my concern, and i hope you will speak to both of these decisions, have to do with our free elections in this country. i think citizens united opened up a vast amount of money and we don't know where it is c

as it has been lately and of course it's always been partisan because of the way the late justice scalia pointed out. what was interesting was you go back to some of the great justices, they often join together and their views become the law and it was not polarized along partisan lines but rather based on their shared view of the law.n >> our viewers can join this conversation about partisanship and the supreme court with james byron. democrats can call (202)748-8000. p [inaudible] the gallup poll recently took a look look at what americans think the supreme court is doing, whether they approve or disapprove. currently 52% of americans disapprove of the job the supreme court is doing compared to only 42% that approve. the approval rating has been 2 down since about 2010 since then we know the court has issued some big controversial rulings. how have those rulings affected the public's confidence in the court? gay marriag >> i think it all depends on the action, you take the gay marriage case which i happen to believe that the court was not applying the constitution because neither marri

justice scalia had a very good tenor voice.n he was an undergraduate at , -- etown charlie rose: his death shocked you? justice ginsburg: yes. charlie rose: do you miss him on the court? justice ginsburg: of course i do. him. a paler place without .e was a wonderful storyteller he had an uncanny ability to make even the most dour judge smile. he told many jokes, yet very good humor -- he had very good humor. opera, andssion for --most genuinely cared about charlie rose: they brought you back to harvard law school to honor you. ,ou talked about the balance the importance of family, and the balance you had found between the law and family. you think it is important, the family? justice ginsburg: yes. to law school,g my daughter was 14 months old when i started. , go to take my classes the library, study hard. 4:00 was when the nanny went home, and that was my daughter's time. we would go to the park, we would play games, i would read to her. after she was based and fed and went to sleep, i went back to the law books. i discarded

so you know, solomon comes up at a time when justice scalia isn't on the court. what do you think that is going to do to the debate? . >> >> with the insider-trading concept. there is no statute. it is all regulatory stuff coming out of the security laws that prevent fraud. so to what extent can the government prosecute if it is civil or criminal with the penalties involved? on the basis where the statute itself of the government is using is very vague that gives the prosecutors enormous power to plead guilty or whenever because they know the power of the government is being brought against them. >> the supreme choric is missing a justice and the election is missing an issue . the vacancy and republican stance has less of an issue. i wonder what you think and how that has affected us at all the decisions? >> i am happy to start. to have the effect on the cases the court took with the most obvious example from president obama. from one way or the other. >> union dues cases. so those that they granted certiorari but then there was another one with a granted the opi

charlie rose: justice scalia.people have been fascinated by the fact that ruth bader ginsburg and antonin scalia were friends. whether good friends and not, i don't know. we all know that you both love opera. you said he was a better singer than you were. justice ginsburg: he was a much better singer. justice scalia had a very good tenor voice. in fact, when he was an undergraduate at georgetown, he was in the glee club at georgetown. monotone. charlie rose: his death shocked you? justice ginsburg: yes. charlie rose: do you miss him on the court? justice ginsburg: of course i do. it is a paler place without him. charlie rose: it doesn't have as much color and vibrancy? justice ginsburg: he was a wonderful storyteller. he had an uncanny ability to make even the most somber judge smile. he told many jokes, he had very good humor. we said a passion for opera, and genuinely cared about family. charlie rose: they brought you back to harvard law school to honor you. lots of people were there in terms of clerks and a lot

people sometimes ask me, what was your favorite scalia joke. i said i know what it is but i can't tell you. [laughter] >> it was such fun at the washington national opera with him twice and to be part of this scalia ginsburg. some of my feminist friends why isn't ginsburg-scalia. senior say is important in my workplace. scalia although he was three years younger, he was appointed to the court many years before i was. that's why it is scalia-ginsburg. >> you can watch this and other programs online at booktv.org. >> here is a look at upcoming book fairs and festivals in the country. next saturday live in madison, wisconsin. then on saturday october 29th, it's the louisiana book festival held in baton rouge at the state capital. coming up in november book tv is live from austin with the texas book festival, colombia university law professor tim and orange is the new black actress dian guerrero. later book tv live from miami book fair. nineteenth and 20th. author discussion and columns including senator bernie sanders, fox news host dana parino. f

you talk about justice scalia.d, one of the best discussions i had with him took place in front of 2000 students in lubbock, texas. they probably had not seen a supreme court justice. we went on for about an hour, and we tried to describe what we did. we tried to explain we do have different points of view to some degree, not as much as people think, but to some degree. i went away thinking -- and he did two at the end, it is not so important whether they agree more with him. he is afraid i would be too subjective, and i would tend to substitute what i think is good for what the law requires. i would think, i try not to do that, but more importantly i for what the law requires. would say, you have a method i think is too rigid. i think the way sometimes you approach -- i don't say it in a rude way, but he knows that's what i mean. the constitution will work as well for the people who have to live under it now. and we talked about that. whether they agreed with me more or more with him, i think the 2000 students lef

he said i miss the spirit of justice scalia and the debates with justice scalia. i assume you feel the same way. >> he made us laugh. >> rose: that's what it was. >> and he made us think. he challenged us to think. and those are ingredients for interesting conversations and for lively discussion. >> rose: you once said to me, you both loved opera. but you said he could sing better than you. >> i can't sing at all. >> rose: but they are writing lines for you in the opera that you will perform in when? when is it coming up. >> november 129. >> rose: november 129. >> it's a speaking part. >> rose: oh, a speaking part. (laughter) >> there is an opera, scalia ginsburg that is-- it's a comic opera, of course. (laughter) but the composer who wrote scalia ginsburg tried to say in a nutshell what's the difference between the two of us. so it opens with scalia's rage aria, the musicians know a rage aria typical of handel and the rage aria is this, the justices are blind. how can they possibly-- it, the constitution says absolutely nothing about this. and i-- said that he is

charlie: you have said to me you miss justice scalia.ustice breyer was here last week and he said i miss the debates with justice scalia. i'm sure you feel the same way. >> he made us laugh. >> and he made us think. he challenged us to think. the ingredients for interesting conversation and or lifle -- lively discussion. charlie: you said you both love opera and he could sing better than you. they are writing lines for you in the opera that you will perform in, when, when's it coming up? >> it's a speaking part. here is an opera "scalia-opera," a comic opera, of course, that the composer who wrote it, tried to say in a nutshell, the difference between the two of us. ar opens with scalia's rage inch a and it is this. the justices are blind. how can they possibly talk about this. the constitution says absolutely nothing about this. for e is searching solutions to problems that don't have answers. but the great thing about our constitution is like our society, it can evolve. so that sets up -- [laughter] >> and then we have a wonderful duet

and opens with scalia's rage and it is this.ians know that is typical andel.dle -- h the justices are blind. how can they possibly talk about this. the constitution says absolutely nothing about this. and he is searching for solutions to problems that don't have answers. but the great thing about our constitution is like our society, it can evolve. so that sets up -- \[laughter]. different in the way we approach the interpretation of legal text, but one in our reference to the constitution and the court. charlie: one thing that justice scalia said, probably wasn't the best idea of how many supreme court justices that came from harvard or yale and wasn't a great deal for the supreme court and most of them didn't have trm -- i may be wrong. >> i actually thought he didn't know that -- didn't think that. charlie: i may be wrong, but whether he said it or not, i'll say it. >> i'll give you that. >> since i'm from yale and ruth spent time of her time at harvard. charlie: you got your degree from columbia. when you switched to -- from

reporter: because there is no set constitutional time line for filling court vacancies scalia's seat could remain vacant long after the president is sworn in. merick garland has been in limbo since march and it is not clear ifat leaders will move forward on garland during the lame duck session. of course the choice of a new justice could have huge implications for a number of issues. remember one vote made the difference in the affordable care act and campaign finance voting rights and same-sex marriage cases. sally kidd, wcvb newscenter 5. >> ben: new details in the >> four are dead in the fiery wrong way crash. >> he was all be had. reporter: stunned reaction from family and friends. and the search for answers tonight. >> heartbreaking image from a deadly trench accident in boston. >> i never felt that helpless in my life. >> the eyewitness sharing what he saw. >> highway cold it will get and how long the chill will last. >> how the mass pike transformation will affect your commute. >> from boston's news leader ts 6:00. ed: state police are confirming four victims were local colleg

scalia was the only dissenter. justice thomas was recused, he couldn't sit on the case because his son, at the time, was a student at v.m.i. so it was a 7-1 decision, and justice scalia's dissent aimed more at the chief than it did at me. i guess he expected what i would do, but he was surprised by the chief. >> rose: many consider that the most opinion you've ever written. do you? >> it remains to be seen. ( laughter ) >> rose: there may be one around the corner. first monday in october, not far off. >> i'm very fond of some of my dissenting opinions. >> rose: you are, as much as some of the majority opinions as in the lilly ledbetter case. >> one in which congress -- yes, congress could still do something about it but it was the so-called shelby county case where the court held, invalidated the key provision of the civil rights act of 19 -- the voting rights act of 1965, even though that legislation had been renewed time and again by congress, every time with overwhelming majorities on both sides of the aisles, r

mike: is it good for america -- i believe justice scalia passed away in february. the appointment or nomination came in march of this year. it is possible we could go another number of months. is that a good thing for america? mr. johnson: justice breyer, who is part of the liberal wing of the court, says the supreme court is fine. if they deadlock quach oh-four -four, that four shows the partisanship, which is a real problem. it's a shame. if people have fidelity to the law, they should be unanimous. but if you have a split decision, the appellate court ruling stands. justice breyer said the supreme court is operating just fine. this is not a constitutional crisis. i have been doing my job, protecting wisconsinites second amendment rights because justice garland would definitely flip the court to have a 5-4 liberal activist court. that is something that definitely does threaten your individual liberties, freedoms, and second amendment rights. mr. feingold: having some but he decided in advance what judge garland's views would be without even giving him the hearing

nino scalia probably likes rules more than i do. he tends to find clarity and used to tend to have found clarity in trying to get a clear rule. i have probably more of a view that life is a mess. >> rose: yeah. >> but my point is, you will find a lot of differences between us, just what you have said. how far do we go how broad a rule do you want. those are a lot of decisions, interesting for judges which are not written down anywhere what you should do. i'm just giving you examples of how basic outlook about the constitution, how it applies today. to people who live under it. those are the differences come up. it's not politics. >> do, i assume you went to see hamilton. >> i thought it was great. by way, my wife, we dot tickets, that is an amazing admission because i have to add that we got tickets before it was so well-known, and before-- . >> rose: at the public theater or before it was. >> no, we saw it here but still it wasn't quite the price it is at the moment. but it was great. >> rose: great because it simply was a well cra

this is where the bob -- the loss of justice scalia could make a difference. looking of voting patterns you may think this is the kind of case that will be likely to split with justice kennedy to be the deciding vote. with justice scalia gone you have four members of the liberal wing pretty consistently with the establishment clause area that they are not comfortable permitting government aid to religious organizations for secular items like running a playground if they think the establishment clause might prohibit that, it is hard to see the free exercise clause requires that and it is the best they could hope for. this is that the courts has declined to schedule on the cases they perceive to be closely divided. the last one is a takings case in wisconsin that involves that the government can regulate but not too much in the conceptual question is what is a unit of property against government regulation? there is a series of regulations to say we don't take a parcel of real property and divided vertically. of the government says you have building you cannot b

antonin scalia a wrote piercing opinions.he court has had four such ties after justice scalia's death. in alabama, good morning. caller: thank you for c-span. i would just like to say that on the republicans -- donald trump is talking about opening up energy in america. when i look for this,: dirty and dirty energy all over america, what will happen is that we will be a country that will destroy our atmosphere and everything like that. energy is what we need most in america. host: virgil from alabama, thanks for the call. foxbusiness is writing about one case, that's likely to get a lot of attention in the coming term. the u.s. supreme court to deal with the insider trading law. set to consider this week a closely watched trading case that could limit the ability of prosecutors to pursue such charges against hedge fund managers and other traders. the justices will hear arguments on wednesday. in the case of an illinois man who prosecutors say made nearly $1.2 million trading on inside information about mergers involving clien

begin the process of selecting a replacement for justice scalia. we're going to end common core and bring education, supervision to local communities. and illegal immigration act. fully fund the construction of a wall on our southern border, don't worry about it. remember, i said mexico is paying for the wall. with the full understanding that the country of mexico will be reimbursing the united states for the full cost of such a wall. >> that was donald trump speaking in gettysburg earlier today and john roberts joins us with more details about what we could expect from donald trump throughout the day and between now and election. john. >> reporter: good afternoon. he'll be at the international ex-biggs. today donald trump laying out his closing arguments to the american electorate, why he should occupy the white house. gathering together at the same time all of the policy prescriptions that he's been laying out in speeches on the campaign trail over the last few months. but before getting into the idea of policy, airing out a list of grievances he

david: you mentioned antonin scalia. i'm glad you brought that up.rediction personally. this was about the counterintuitive likelihood that of the nine supreme court justices, if there was one who would be the swing vote who both sides would have the most recent to focus on in this extremely potentially impactful case about mandatory union fees, scalia was the one who could make it go one way or another. talked to various experts, when into what scalia had written in the past -- why he would not necessarily take the same position. instead, he died. david: still wrestling with what will become of the court in washington. >> that particular case deadlocked 4-4, as did others. it's an issue that has deadlocked the court. people are trying to get back there. carol: "bloomberg businessweek" is on newsstands now. david: and online. i love that matrix. fun to go back and look at the predictions. how about you? carol: i like how it's divided into five sections and how they did a nod to other publications. to divide the magazine and cover different areas. rea

those were the words of the judge antonin scalia, what's wrong with that? >> well first of all i support the 2nd amendment. i lived in arkansas for 18 wonderful years, i represented upstate new york, i understand and respect the tradition of gun ownership. it goes back to the founding of our country. but i also believe that there can be and must be reasonable regulation. because i support the 2nd amendment doesn't mean that i want people who shouldn't have guns to be able to threaten you

antonin scalia died in february. senate republicans have refused

the same-sex marriage case of last year again, justice scalia was in dissent.y kennedy tipping the balance with liberals far one so it would take two justices. so to get to your point it's not just conservatives who might try to reverse liberal rulings but maybe in trying cases that went in the conservative direction to broaden them. maybe to support campaign finance rulings or broaden individual gun rights in the "heller" case that scalia wrote. >> so with those cases that, i want you to hammer home for people why it's not just important who's at the top of the ticket, joan, but down ballot. these are the folks who could have control. >> in the senate. yes, exactly right. here it is, brooke, right now any kind of nomination that comes from the president for the supreme court requires not just a simple majority but 60 votes to stop a filibuster so if, so the senate really matters because under the constitution the senate has the power to advise and consent and that's what we've seen in march since president obama nominated merrick garland to succeed antonin sca

charlie: but you also said about justice scalia, you said he suffered from a good writer's disease. justice breyer: i have said that. you have to be careful of that. the job of a judge in an appellate court is, in an opinion, to explain the reasons why he or she reached this opinion. now, i don't think that calls for or requires what you might be able to do in terms of great phrasing. if you can do that, it can be an advantage. what i meant -- when nino and i -- and i miss nino, i do -- we would appear together, and

before supreme court justice antonin scalia died -- no one thought the iowa senate race was going to be terribly exciting.after scalia died -- and senator grassley decided against holding hearings for president obama's replacement -- patty judge entered the race.we sat down with her -- and started by talking about that cedar rapids doesn't have yet.she was leutenant governor in 2008 when much of cedar rapids flooded then. coming up next...we sit down with iowa's senior senator -- and one of the longest serving senator chuck grassley for not doing more to get the money appropriated to cedar rapids to build flood protection.now we sit down with him to figure out why. why. so i'm going to tell you the easiest thing if we could do it. before 2010, we had earmarks so you could plead with the committee to get the millions of dollars in for flood control or every member gets a chance to offer ammendments. the bad ammendments. offer chance to control dollars in for millions of get the millions of dollars in for flood control or every member gets a chance to offer ammendments. the bad reputat

the scalia vacancy, the garland nomination, there are actually two essays on merrick garland's nomination. here's my view. and a lot of times the views that i describe, that i put forth in the book, my constitutional analysis is different than my personal political beliefs. i like merrick garland. i think he's a great man. i'd love to see him confirmed. i do not, however, believe that the senate has a duty to, that they are breaching in some very super-strong sense by not holding a hearing, because the constitution doesn't mention hearings. they don't have to hold a committee vote, because the constitution doesn't mention that. they don't have to hold a floor vote. and be by the way, even if they did, they could vote no which i wouldn't want because i want merrick garland confirmed. so when the constitution imposes a certain kind of duty, it often does so. when the house and senate have passed a bill, the president has to act within ten days. and they could have said whenever the president sends up

is death,nin scalia we have had a number of 4-4 isisions -- antonin scalia -- antonin scalia's death, we have had a number of 4-4 decisions. back to early parts of the 20th century and they always ruled on the constitutionality of laws. i think that is their purpose confirm that nominee to, to fill that vacancy, that is what is needed. moderator: how long would you allow such a period to go if you were saying the senate was acting by not acting? would you still bring it to a vote? the question of deciding when to bring it up is the decision of the majority leader. that will be up to chuck schumer or mitch mcconnell. i want to be clear about one thing with judge garland. , ais an open secret well-known fact that if he were confirmed, he would predictably reliably vote with the block of justices that includes ginsburg, breyer, kagan and sotomayor. if you like the far left agenda pushed by those justices, then you would want to confirm judge garland. if not, you would feel differently. ms. snow: i disagree that judge garland would be as liberal as mike lee says. he was spoken of very hig

his former colleague justice antonin scalia and some of the court's recent decisions. this was part of last summer's ninth circuit court of appeals judicial conference in big sky, montana. >> thank you. so, i would like to follow up on the civics theme and i know that the understanding is very important for americans and especially the younger generation. i understand that recently you had an opportunity to go see hamilton. and i wonder what was your reaction to that and do you think there is a way that we can reach younger americans and get them interested? >> the answer to the question is yes. is this on, can you hear? it doesn't sound to me like it's on. are we on now, okay. hamilton was fascinating. we were able to get tickets and some of my grandchildren in new york were going to be with us and we were there the night before and they said this is mrap and headache look of horror and said wait a minute, the whole idea is that it's designed for an argument and this is an argument between primarily hamilton and jefferson and also wrap has a tremendous amount of words

trump would return to where it was before scalia passed. because there is no set constitutional time line for filling court vacancies scalia's seat could remain vacant long after the new president is sworn in. president obama's nominee judge garland has been in limbo since march and it's not clear yet whether senate republican leaders will move forward on garland during the lame duck and, of course, the choice of a new justice could have huge implications on a number of issues. remember, one vote made the difference for the affordable care act, finance -- campaign finance, voting rights, and same sex marriage cases. live in washington, sally kidd, wmur news 9. jamie: this is a monday off for the bruins and celtics but we will see both of them a lot this week. bruins skate against minnesota tomorrow tn wednesday. celtics season opener is wednesday night at home with the brooklyn nets. boston celtics held the big ground breaking for a new training facility today. it will be called the auerbach center at new balance world headquarters named af

when i got to the court, justice scalia made it a point. he had a rep station of being a tough, unfairly treated as being aggressive in some ways. i never fun that side -- found that side. he was always warm. he was also enormously respectful, from the first days that i was there to the last days. our relationship -- i didn't go to the kennedy center to watch -- to see operas with him. i used to kid him about that. i like opera, i just don't want to be around the people who like opera. [laughter] he thought it was really funny and odd that i was from the south that would not go hunting. i thought it was on that he was from new york and new jersey. he would try to talk me into that and i told him there was no good from adding in the woods. it was delightful. i would go in his office and most of the time it was just laughing. sometimes he would be a little down and i would boost him up a little bit. one of the funny things towards the end was -- he was pretty aggressive with that fourth amendment. we were on opposite sides again in a fourth a

we find anything that is a prediction and some of them leap right out -- the death of scalia.ou have to check. did this come true? david: talk about the means by which you did it this year. the whole issue this week nodding to other magazines here. using the matrix that is a weekly facet of new york magazine's. weird.ike to be a little this is a nod to the approval matrix. there is another awareness level on top of that. also a nod to the movie "the matrix." whaoan see that in our category. prediction, this was about the counterintuitive likelihood that of the nine supreme court justices, if there was one who who boththe swing vote sides would have the most recent in this extremely potentially impactful case about wasatory union fees, scalia the one who could make it go one way or another. talked to various experts, when into what scalia had written in why he would not necessarily take the same position. instead, he died. still wrestling with what will become of the court in washington. >> that particular case deadlocked 4-4, as did others. it's an issue that has deadlocked th

you mentioned antonin scalia up. what happened? >> i'm like you brought that up.rediction personally. the egg is on me there. this was about the counterintuitive likelihood of the nine supreme court judges, if there was one who would be a swing vote who both sides would have the most reason to focus on and to look to to make a 5-4 decision one way or another. it is extremely painful case -- in this extremely impactful case about mandatory union fees, justice scalia, not roberts or kennedy, with the one who could make it go one way or another. talk to various experts, went into what scalia had written in the past and the reasons why on this issue he would not take the same position at the other conservative justices. but on the other hand, might. instead, he died. >> still wrestling with what will become of the court in washington d c. >> that particular case a deadlock and others left the status quo in place. it is an issue that deadlock the court. people are trying to get back there and what happens depends on what kind of majority we see on the court. >> "bloomb

following scalia's death... last year. clinton has not hinted.... if she plans to renominate garland.... if she wins. a former nfl star learns his fate for a sexual assault in we'll tell you why darren sharper wasn't in court today.. but a well- known attorney.. and women's advocate.. was. a contact 13 consumer alert... tonight. we'll tell you...... about the dangerous threat..... for millions of smartphones! and.. nevada is on the receiving end of a settlement against two automakers that weren't delivering on certain promises to car buyers. and we're following breaking news... mike pence's campaign plane after skidding off runway while landing at new york's laguardia i'm catherine cortez masto and i approve this message. i don't know what i said, ahh, i don't remember. narrator: and joe heck says i have "high hopes we'll see e president." trump: you know, you could see there was blood coming out of her eyes, blood coming out of her wherever. narrator: heck says he "completely supports" trump. i love war in a certain way. narrator: and heck? reporte