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the owner of the ranch said that scalia looked peaceful. his body was taken to a funeral in el paso today, and his family back in virginia making funeral arrangements. flags are flown at half mast, with justices remembering scalia's devotion to the law. and candidates are weighing in on what to do next after the death of scalia, and president obama promised to make a change in due time and republican >> hours after justice scalia's death, president obama made it clear. >> i plan to fulfill my duties to name a successor. >> the president can nominate who he wants but the senate will play a part. >> we shall see unlimited abortion in this land without parental notification. >> justice scalia's influence on the supreme court. >> saying to act responsibly and act responsibly. >> barack obama is president of the united states until january 20, 2017. that is a fact my friends, or not. >> apparently they believe that the constitution does not allow a democratic president to bring forth a nominee to replace justice scalia. >> democrats are worried t

justice scalia: depends on what you mean. lookon the court, the word was scalia will be a consensus because i am a charming fellow. charlie: is that what they said? justice scalia: not the charming part. but they expected me to be a consensus-builder. i cannot be a consensus-builder because i cannot trade. bill brennan, who was an evolutionist, he could deal. i want to change the constitution this far. i cannot go that far. what about this far? he can deal. i cannot deal. if i am doing the text, what can i say? charlie: a little here. justice scalia: halfway between what the text really means and what you would like it to me? an? charlie: you cannot do it. justice scalia: look, i am not discouraged. charlie: go ahead. justice scalia: bill brennan was not in the majority most of the time, either. but he was, to my mind, the most influential justice of the 20th century. he changed the court enormously not by being in the center. charlie: the most influential judge of the 20th century? justice scalia: because he had a clear judicial

. >> reporter: scalia looked at life with a wry smile and a ready quip. and often his quips had a point. a sharp point. for instance, when the court time last year, scalia barbed his quip with scorn. we really should start calling this law scotuscare, when he wrote in his dissent. when he was asked about the bush versus gore decision that awarded the presidency to george w. bush -- >> preserve, protect, defend the constitution of the united states so help me god. >> reporter: scalia delivers a dismissive shock like this on "60 my opinions" -- >> we did the right thing, so there. get over it, it's old by now. >> reporter: scalia's sense of humor stemmed from a mind never at rest. he loved word play as when he called the majority's reasoning in the 2013 defense of marriage act case legalistic argle-bargle and slammed the decision on the affordable care act jiggery pokery. or this -- >> how can the federal government establish a state exchange? that is gobbledygook. >> reporter: in cases big and loved to get a laugh. one academic study finding him the funnies

donald trump said he wants the next person named to the nation's top court to be just like justice scalia, look, we need great intellect. we need, i say absolutely conservative. but the real, i think the real plan for it would be somebody just like justice scalia. campaigning in colorado last night, senator bernie sanders has a different vision for scalia's replacement. sanders republicans who don't believe president obama should make a nomination. "it appears that some of my republican colleagues in the senate have a very interesting view of the constitution of the united states. (:12) and apparently they believe that the constitution does not allow a democratic president to bring forth a nominee to replace justice scalia. i strongly disagree with that. flags flew at half staff outside the supreme court building in honor of justice scalia. the white house flag is also flying at half-staff, also in honor of the supreme court justice. news of justice scalia's death broke just before the republican candidates for president faced off in a fiery debate last night. nbc's gabe gutierrez has more from

justice scalia: look, i am not discouraged. charlie: go ahead. ia: bill brennan was not in the majority most of the time, either. my mind, the most influential justice of the 20th century. he changed the court enormously not by being in the center. charlie: the most influential judge of the 20th century? justice scalia: because he had a that judicial philosophy was always on the left of the court and pulling the court to the left. atrlie: justice scalia, dead 79, survived by nine children and 28 grandchildren. ♪ john: with all due respect to askedy clinton, if you bernie sanders supporters how bernie's campaign is going, this is what they will tell you -- >> pretty, pretty, pretty, good. ♪ john: we have a good show for you tonight. we are outside the thomas cooper library on the campus of the university of south carolina where we sat down with bernie sanders earlier today. we will show you our conversation with them on the supreme court and much much more in the program. in case you missed it on

supreme court justice antonin scalia, , look back at the justice's life and legacy and a look ahead at the battle for his seat on the bench. >>> thawing out. after a week jonedshippend of bone chilling temperatures across the country, there might finally be some relief in sight. >>> millions make the pilgrimage to see the pope francis in mexico. how the pope is touching young lives throughout the country. >> you have an obligation to pick up and leave out of the abyss three months after terrorists killed dozens of people at the bat a clan theater in paris, the band eagles of death metal is taking the stage once more. >>> good morning from the studio 57 newsroom at cbs news headquarters here in new york. good to be with you. >>> a partisan debate off nominating his successor. isn't that true republicans are dig in their heels promising not to consider a nominee until a new president is elected. don champion is in washington. don, good morning. >> reporter: good morning, and-marie. fierce battle lines are already drawn over president obama nominate ago successor for scalia. the legal bat

. >> and so, tonight, justice antonin scalia passed away and it is a big night when you look at the u.s replace him, and ted cruz was just on the air saying that you would appoint liberal justices. >> well, just so you understand, if you look at ted, he put robert, and you know, i mean, he put john roberts on the supreme court, and he pushed for john robert roberts. john roberts has been a disaster, and he had two chances to knock out obama care, and he didn't do it, and it was ted cruz and bush including jeb that was pushing him, and those guys, they pushed john robert, and when it came to a vote on obama care, john roberts did not terminate obama care not once but twice. so ted cruz pushed and worked with very hard to get john roberts on the supreme court, and when he needed the vote, the most important votes that we have had, he let everybody down, including the con ser servative he let all of us down, because he let obama care stay. that is really a disgrace, and ted cruz gave us john roberts. >> and so are you a k conservative? >> i'm a conservative, yes, but i am also a common sen

what they meant at the time of enactment rather than equivocating something different. >> when scalia lookedthe statute, he wanted you to look at the language. a lot of other judges looked at legislative history, in the constitution, look at what it actually says. >> we still have some justices who take that approach but they don't take it as unashamedly as they did before. also scalia was well known for his dissents, another example of how much he loved language. they are where a judge can be freewheeling and express himself because he doesn't have to tailor his language to fit the views of anyone else. >> the gun control case that established the right to bear arms as an individual right not just a militia right, he laid down some significant law. >> oh, sure. he recovered the original meaning of the second amendment. in that case it was very important. it's one of the cases that's in the balance if the court -- if the composition of the court shifts. and just to amplify the point, the history approach is now accepted that if you look at a justice like elena kagan appointed by obama, a lib

justice scalia: my pleasure. live look here at the basilica national shrine of immaculate conception in washington, d.c. we are just moments away from the funeral mass of supreme court justice at the scalia who passed away last week at the age of 79. decades onarly three the high court 4000 people are today at thettend nation's largest roman catholic church. hominy will be delivered by one of the justices children, reverend paul scalia. > again, we are live at the basilica of the national shrine immaculate conception. the funeral mass of antonin scalia a coming out at 11:00. the president will not be there. the vice president, joe biden, will be attending today. president obama and the first lady were among the more than 6000 people who paid tribute to antonin scalia a at the supreme court on friday. the public viewing was extended well past the original 8:00 scheduled and time. to joernest pointed biden's personal relationship justice. his casket was lying yesterday at the supreme court where, for the public was, able to

look for justice like antonin scalia look what the constitution says. at is what keeps politics out. andrea: people not only look for president to nominate justices to have fidelity to the constitution they expect the commander-in-chief have fidelity to the constitution which he does not. he came out yesterday calling for closing gitmo and if they do not, he will do extra constitutionally, to her him lecture us on the constitution it is a bit maddening. look at constitution, president has right to put up a nominee. i do think he should. i think mitch mcconnell should his his own rule and filibuster. harris: gave interesting example, justice kennedy was approved after being nominated by president ronald reagan. he does have a point. he could put somebody you will and they could do whatever they are going to do after november. we don't know. but it is interesting that he went down that road for nine plus minutes about politics but we're supposed to then step away from this think it's a non-political process. >>> moving on, republican presidential candidate

scalia. you took time to address that and addressing a way forward for selection of his replacement. >> well, look, my sense of it is that, first of all, it's amazing, two minutes after a guy dies we're already talking about the politics. but my sense is the president shouldn't put anybody forward unless he has someone who says hallelujah that's our man or women. but we are going to have a presidential election that will be important and it will involve who is going to appoint the next supreme court justice. i wish he would hold off. that would be a good thing for our country so we can stop all the fighting going on and see if we can get ourselves together. and if i can become president i will appoint a conservative that interprets the law not make law. >> are you planning on winning south carolina? >> no, no, no. we're going to do our best down here. we're crafty people and we work hard and we're plucky. but we're here. i'm going to be heading to michigan next week. i think i'll be in virginia. i'll be back here. it's not like we bet everything on new hampshire. we have nothing going forward. we'

tonight we are looking back at the life of supreme court justice antonin scalia.while on vacation at a ranch in texas. the conservative justice was known as a colorful character, jovial, with quite a sense of humor who also had a profound impact on american law and on the high court. earlier i spoke with time warner general counsel paul capu skrchlt c krichlt o, who clerked for justice scalia and remained his close friend. here's what he told me. >> let me start by offering my condolences and prayers to mrs. scalia and the kids and grandkids. he loved his family so much. and my heart goes out to him now. you know, he was a pure joy to work for. he was a man who cared intensely about getting the answer right. he paid no attention to who was the plaintiff, who was the defendant. politics didn't matter to him. he cared so much about getting the answer right he either under the constitution or if he was interpreting a statute. you know, i worked for him when i was twenty i guess seven years old, and you'd lock yourself in his office and, you know, it was no longer sup

applications in cases like mcdonald in which justice scalia wants to go back to the original way in which the second amendment was understood. >> we're looking at the flag flying at half staff in front of the supreme court as well as images of justice scalia. final question to you, justice scalia's record on civil rights criticized probably most vigorously by his detrektors especially the way he waged it. your thoughts on that? >> he was not a man of a few words or shy with his words. he was very strong in his opinions. and in some ways that was an unfortunate thing because there's some words about his colleagues which i think did hurt the court a little bit. at the same time he could count on him to be principal in the way he thought about things and you weren't really surprised when you read an opinion because it was a model in clarity. people should disagree with aspects of the man, but at the end of the day we should celebrate this man for being a giant in the law and for giving our country so much. it's a great loss. >> former solicitor. thank you for joining us. >>> as a kid i realized she had a problem when i saw her going through the

justice scalia? >> look, my court didn't bring the case into the court.brought into the courts by al gore. he is the one who wanted courts to decide the question. richard nixon thought that he had lost the election because of chicanery in chicago. he chose not to bring it into the courts. so the only question in bush versus gore was whether the presidency would be decided by the florida supreme court or by the united states supreme court. that was the only question, and that's not a hard one. >> no regrets? >> no regretss at all, especially since it's clear it would have ended up the same way either way. the press did extensive research into what would have happened if what al gore wanted done had been done county by county, and he would have lost anyway. >> interesting. back now with justice scalia's friend and co-author bryan garner. his absence is likely to impact some of the major decisions. how would he feel about that? >> i think he would feel very regretful about that. just the fact that there is now an incomplete court. but what you've just heard

." >>> days after the death of supreme court justice antonin scalia, a look back at the justice's life and legacy and a look ahead at the battle for his seat on the bench. >>> thawing out. after a week jonedshippend of bone chilling temperatures across the country, there might finally be some relief in sight. >>> millions make the pilgrimage to see the pope francis in mexico. lives throughout the country. >> you have an obligation to pick up and leave out of the abyss three months after terrorists killed dozens of people at the bat a clan theater

. >> father paul scalia can look so strikingly like his father, depending on the angle. of the catholic preps and journals. a well-educated priest. he studied in rome at one of the pontifical universities. so he's a very gifted and capable priest. >> why am i not surprised? given the intellectual rigor of his father. ♪ let us pray ♪ lord god whose son left us in the sacrament of his body food for the journey ♪ ♪ mercifully grant by it our brother antonin may eternally come to the body of christ ♪ ♪ who lives and reigns forever and ever ♪ ♪ amen >> with faith in jesus christ, we must reverently bury the body of our brother. let us pray with confidence to god in whose sight all creation lives, that he will raise up in holiness and power the mortal body of our brother and command his soul to be numbered among the blessed. may god grant him a merciful judgment, deliverance from death and pardon of sin. may christ the good shepherd carry him home to be at peace with the father. may he rejoice forever in the presence of the eternal king and in the company of all the saints. ♪

i believe i will be the next president and i will look for someone who is as much like scalia as possible. reporter: meantime some big cases are on the court's docket this term that may be affected by the death of justice scalia. the issue here, is that there could be a 4-4 deadlock on some of these major cases if justice on the right and left stick together. in that case, cheryl, a tie vote maintains ruling of a lower court. cheryl? cheryl: peter bouncer in washington. thank you. david: scalia's successor could tilt the balance much nation's highest court producing decisions that will affect our lives and businesses for decades. fox news's rich edson is on capitol hill with very latest on the battles, rich? reporter: good afternoon, david. president obama says he is going to nominate a replacement to replace justice antonin scalia. the republicans, they control the senate process here in the senate floor. they control the committee process. they say it should be the next president. they say we're already into an election year and so republicans say they want to wait this out until the el

charles, i would be remiss if i didn't ask you tonight about the life and legacy of justice antonin scalia. >> looke remembered the father of originalism which is the most powerful attack on the 50-year history of the sort of the living constitution which is the idea of liberalism, i.e., we change the constitution on the court as we want, and pretending that we are reflecting the value of today. he came after it with a hard-line specific, and i thought that intellectually rigorous attack of originalism. no, you don't interpret it on what you think that the spirit of our age is, but you interpret it the only way that you actually have a handle an anchor on the reality of the constitution, and that is by attributing it to what the fo d founders intended. and that will live on for generations. >> charles krauthammer from san diego tonight. and we can track charles down anywhere. see you on the special report monday. >> and it is about 50 degrees here. >> will much nicer there. thank you. one more round with the panel after the break. . . >>> final thoughts from our panel tonight. david? >> i thought w

charles, i would be remiss if i didn't ask you tonight about the life and legacy of justice antonin scalia. >> look the father, and will be remembered the father of originalism which is the most powerful attack on the 50-year history of the sort of the living constitution which is the idea of liberalism, i.e., we change the constitution on the court as we want, and pretending that we are reflecting the value of today. he came after it with a hard-line specific, and i thought that intellectually rigorous attack of originalism. no, you don't interpret it on what you think that the spirit of our age is, but you interpret it the only way that you actually have a handle an anchor on the reality of the constitution, and that is by attributing it to what the fo d founders intended. and that will live on for generations. >> charles krauthammer from san diego tonight. and we can track charles down anywhere. see you on the special report monday. >> and it is about 50 degrees here. >> will much nicer there. thank you. one more round with the panel after the break. blades. sharp blades. blades here, blades the

there's so much at stake, but justice scalia's seat looks to be vacant for a while. president ownbama i i vowowg to move ahead. here's jonathan karl. >> reporter: the battle lines over justice scalia's replacement on the supreme court were drawn in no time. republican presidential five minutes the supreme court or scalia's family confirmed scalia had died. "justice scalia was an american hero. we owe it to him, and the nation, for the senate to ensure that the next president names his replacement." less than an hour later, senate majority leader mitch mcconnell declared, "this vacancy should not be filled until we have a new president." but president obama, who praised scalia as one of the most consequential thinkers ever to serve on the court, made it clear he's ready to fight over replacing him. >> i plan to fulfill my constitutional responsibilities to nominate a successor in due time. >> reporter: election year supreme court confirmations are extremely rare. the last president to nominate and confirm a justice in an election year was fdr 76 years ago. but even the

the only or of the ranch tells cnn when he found scalia, looked like he had a restful night sleep, nothing of the ordinary. we spoke to a law official, no signs of foul play in justice scalia's room and any conspiracy theorys are baseless. >> the pillow was on his head up here, not on his face, little different. >> big detail. >> pamela brown, thank you. in minutes president obama will address republicans threat to look any nominee he puts forward. president obama's plan to get a justice confirmed before he leaves the white house, more on that after the break. (male vo) across america, people like basketball hall of famer dominique wilkins are taking charge of their type 2 diabetes with non-insulin victoza®. for a while, i took a pill to lower my blood sugar. but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® works differently than pills. and comes in a pen. victoza® is proven to lower blood sugar and a1c. it's taken once a day, any time. victoza® is not for weight loss, but it may help you lose some weight. (male vo) victoza® is an injectable prescripti

scalia did and our republic is better for. it i learned so much from this man. i anyhow him and respected him and looked up to him. we all did. tonight jenna and i offer sympathy and prayers to justice scalia's family. it will likely be a huge element in the republican debate in greenville, south carolina, ahead of the primary today. john roberts is at the debate site tonight. >> reporter: yeah, it throws a new issue in the debate. there is some talk over the past few debates about the supreme court. it will take on a new sense of urgency and reenforce the metszage that many candidates said of what is at stake in the election come november. we have reactions from all of the six remaining republican candidates. the one from ben carson. it is imperative that the senate not allow president obama to diminish his legacy by trying to nominate a individual to carry on wishes to subvert the people. given the democracy under the obama's agenda, i call on the senate to stop until we the people elect the president. >> rubio said the next president must nominate a justice to continue scalia's unwavering belief. and the next pr