president obama's appointments of sonia sotomayor and elena kagan, for example, are both

president is going to choose but we have two relevant points of reference, in the form of justice sotomayor and justice kagan two. women with unquestioned qualifications. they had different kinds of experience but the kind of experience that would serve them well on the bench. the president put them forward and they were supported by, i think just about every democrat, and some republicans. that is a bipartisan process and i'm confident that we will -- that when the president makes a final decision, the president will be able to make a forceful case that those individuals deserve at least the same kind of bipartisan support that justices sotomayor and kagan got. reporter: something with the republicans who referred several times about who they think should be considered. has there been any of that? mr. earnest: i'm not going to get into the details of their conversations but you would expect there would be some discussion about who the president picks in those consultations. i will say that it's probably hard to have that conversation if the person on the other end of the phone has said tha

i thought sotomayor and kagan were qualified. i told the democrats when you change the rules to require a majority rule to get appellate judges and appointments through the senate, you're avoiding consensus, which is the tradition of the senate. elizabeth warren led that charge. they changed the rules to help president obama stack the court and put people in the executive branch that could not have gotten a consensus vote. i will not vote for anyone unless there's an overwhelming consensus. i think there is a consequence to abusing power. i think president obama's abuse of executive power, i think elizabeth warren is an ideological hack as far as i'm concerned when it comes to this process. >> those are tough words for a fellow senate colleague. >> it is. i have no respect for her. >> okay. >> none at all when it comes to something like this. none at all. she's turned the senate upside-down. she his the ends justify the means. >> all right -- >> she is a complete hack. >> i will not look for the two of you to be taking a road tri

justice scalia was from queens, ruth ginsburg is from brooklyn, sonia sotomayor is from the bronx.be that will be addressed by the new appointment. justice scalia loved being from new york, another reason that he and justice ginsburg had a shared experience of growing up. he once told me that in his day, he went to school in manhattan, high school in manhattan, and he took rivalfleriflery. as he used to take his rifle on the subway to school everyday. in perhaps his most famous opinion as a supreme court just case was the heller case where he said in 2008 that the second amendment does protect an individual's right to bear arms. maybe that goes back to his riflery training when he was a kid. >> on long island, he used to shoot rabbits with his grandpa. he's always had a sportsman thing going on. >> we're waiting for the funeral service to begin. when we come back, we'll talk it to our experts about what transitions we can expect and the significance to the service. plus who is honoring the late justice scalia, when our coverage begins after this quick break. ♪ we stop arthritis pai

justice sotomayor and just kagan. i was on the hill watching that process where a name is offered. we begin a very vigorous process of watching the senate go through a very, very detailed back ground check and questionnaire. even for those who might have considered for a different decision. to go through the supreme court process is much more vigorous and time consuming and it is something that even at a best case, typically takes a few months. because of all the process of the behind the scenes process. and then talking to senators personally, first those members of the judiciary committee to decide if the nomination should go forward. and then all 100 senators. so president obama through justice sotomayor and justice kagan has been able to shape the court already. and i think there was much more of an expectation that perhaps there might be a retirement like ruth bader ginsburg. was she well and how is she doing and she remained on the court. and there was some thought that the president might be able to replace someone from the liberal wing of the court in the last few years of

so president obama, through justice sotomayor and justice kagan, has been able to shape the court already. and i think there was much more of an expectation that perhaps there might be a retirement like ruth bader ginsburg, there was some talk, and there was some thought that perhaps the president would be able to replace someone from the liberal wing of the court in the last few years of his presidency. and that did not happen. >> kelly, i want to break in. you learned that the president is now about to speak, obviously a sudden statement announcement given the sudden news of justice scalia's passing. we now have the first statement from hillary clinton, which, unlike president obama, she says that her thoughts and prayers are with the family and friends of justice scalia, of course. but she goes on to say, the republicans in the senate on the campaign trail who are calling for justice scalia's seat to remain vacant "dishonor our constitution," hillary clinton saying in this brand new statement tonight. "the senate has a constitutional responsibility here that it cannot abdicate for part

i voted for sotomayor and kagan because i thought they were qualified. i'm not going to let this president abuse power and have no consequences. if hillary clinton wins the white house and she nominates a traditional liberal who i think is well qualified, i will vote for that person >> but your view is, because of the rule changes and the votes already come forward, you view this differently now for this third obama appointee? >> yeah, and i told him that before he did it. >> any other thoughts before we let you go here, especially as we also look toward this debate tonight, where we expect the supreme court to loom large? >> i hope it's not just about the supreme court. our nation's at risk. we need a commander in chief that can keep us safe. and this is an important decision for the next president to make. i'm looking for somebody who's a republican to make this appointment. but more than anyone else, can bring us together as republicans and democrats and keep us safe. i'm looking for a commander in chief as much as anything else. >> and i guess i shou

visiblemente afectados, especialmente las magistradas elena, su buena amiga ruth taylor y sonia sotomayorue descanse en paz el presidente obama y la primera dama presentaban sus respetos por la tarde, oraron brevemente y luego vieron el retrato al Óleo del magistrado. miles de personas desafiaron el frÍo para presentar sus Últimos respetos a scalia. >> respetaba la constituciÓn y los derechos del pueblo, y estoy aquÍ para darle las gracias. >> soy abogada y era un personaje increÍble que transformÓ la ley en estados unidos. reportero: el comenzaba a estudiar leyes en agosto pero siempre en respeto a scalia. el presidente ha sido criticado porque no asistirÁ maÑana a la misa funeral en la basÍlica. es un lugar ideal el vicepresidente porque lo conocÍa personalmente dijo la casa blanca, eliminando rumores declarÓ que no le interesa reemplazar a scalia en la corte. fue nombrado en la corte por el expresidente ronald reagan y serÁ ampliamente recordado como uno de los grandes pilares del pensamiento conservador del Último siglo. en la corte suprema. ilia: terminÓ el drama de varias familias d

the president took sotomayor to fill earlier vacancies on the court. the senate is taking the week off for the presidents day holiday. 19 cents...that how much one toledo gas station charged for a gallon of regular unleaded gas. it sounds to good to be true and it was... a clerk at a pilot travel center says the computer malfunctioned. but a nearby circle k adjusted its prices to compete... dropping the cost to 17 cents... then even lower-- at one point, it was a penny per gallon. the low prices lasted about three hours. coming up next... we've got the very lastest on an investigation into the cincinati v-a hospital. a live look in columbia tusculum..... "fox19 now never stops. take us with you wherever you go. download the fox 19 weather now app for and lightning tracker warns you the instant lightning is detected near you. search fox 19 weather now in the app store or google play weather now anim winter weather before contemplating the many choices on steak 'n shake's $4 dollar menu, one must calm the mind in our zen garden. focus. the garlic double

he served as special counsel to chairman patrick lahey, and on the nominations for sonia sotomayor and elena kagan to finally, jamaal greene, in addition to being the vice dean at columbia, he teaches and writes on u.s. constitutional law and theory and the federal courts. from 2007 to 2008, he was the alexander fellow at the new york university of law and was law clerk to justice paul stevens on the supreme court. he received a jd from yale law school in 2005, where he served as the "article" editor. these are some pretty heavy-duty professors. i have also heard from some more conservative leaning professors who believe the same thing, that the constitution is the constitution, that shall means it shall, that people have a duty to do their job. i am sure all of our colleagues were shocked when justice scalia died. that happened. but when things happen, you have your jobs to do. you have your jobs to do. that is really what this is about today, about a constitutional duty, a solemn oath that people take to do their jobs, respecting not only the history of this country, but really the b

i thought sotomayor and kagan were qualified. i told the democrats when you change the rules to require a majority rule to get appellate judges and appointments through the senate, you're avoiding consensus, which is the tradition of the senate. elizabeth warren led that charge. they changed the rules to help president obama stack the court and put people in the executive branch that could not have gotten a consensus vote. i will not vote for anyone unless there's an overwhelming consensus. i think there is a consequence to abusing power. i think president obama's abuse of executive power, i think elizabeth warren is an ideological hack as far as i'm concerned when it comes to this process. >> those are tough words for a fellow senate colleague. >> it is. i have no respect for her. >> okay. >> none at all when it comes to something like this. none at all. she's turned the senate upside-down. she his the ends justify the means. >> all right -- >> she is a complete hack. >> i will not look for the two of you to be taking a road tri

generadodos jueces a la corte suprema se demorÓ 22 dÍas en nominar la primera candidata latina, sonia sotomayormasacre empresarial monterrey. marÍa: el corazÓn indÍgena de mÉxico late acelerado por la prÓxima visita papal. regresamos. ♪ ♪ ♪ ♪ entonces, ¿de qué sabor? ¡chocofruityapplecinnamon frostedhoney! ¿de cuál? ¡chocofruityapplecinnamon frostedhoney! mmm, ¿y qué tal un honeychocomanzana? mmm, ¡sí! llena tu vida de sabor. locutor: quisiera univisiÓn continÚa desde ecatepec, estado de mÉxico. marÍa: en el mundo de la polÍtica de estados unidos sigue repercutiendo candente debate de anoche entre los precandidatos republicanos en carolina del sur algunos califican de choque de trenes el enfrentamiento entre donald trump y jeb bush, pero tambiÉn hubo enfrentamientos entre el cruce marco rubio por el tema de inmigraciÓn y el idioma espaÑol. reportera: todo comenzÓ con un momento de paz cuando le dedicaron un minuto de silencio juez fallecido. pero la calma durÓ muy poco. uno de los puntos mÁs calientes de la noche fue el tema de inmigraciÓn que propició un enfrentamiento entre pedro cruz y marco

she got sotomayor's ashes. not everybody here did.t, you wrote this morning, i, saw a column you wrote this morning. up said ted cruz might be the real winner in new hampshire and, we are getting dangerously close to a trump verse cruz race. explain how you came to that conclusion. >> donald trump is a big winner in new hampshire. ism think ted cruz is the not-so-obvious winner. that is because marco rubio imploded. rubio was going to be ted cruz's rival. if marco rubio comes out of iowa, has a good debate, finishes second in new hampshire, it's a three-man race. i think now what happened is we've swapped rubio for kasich. i don't think kasich has -- i think he's one had much hit wonder. i think kasich performs very well in new hampshire, i don't think he travels as well. at the end of the day, this really bodes very well for ted cruz. i think people are going to say if you want to stop donald trump, maybe ted cruz becomes the guy that mainstream conservatives have to rally around. >> let's look at this because trump and -- the trump

sonia sotomayor so if you're a candidate you don't want to talk about that. you want to figure out something else so that's what they will do and the media is always looking for something new and interesting to cover. for voters, 9 republican voters agree with what i'm saying. >> reporter: marco robot, to see a headline that you checked. >> that's just part of the pros semnoz doesn't bother you? was it your finest performance? >> in our website we raised more money in the first hour that have debate than all the other debates. >> reporter: governors who are your opponents talk about the charge of something as opposed to, you know, being on the legislative side as a senator. what do you respond? what's your response? >> that they have zero experience on foreign policy, none. jeb bush has no foreign policy experience. >> reporter: how deep is your foreign policy? >> more than any of them, member of the intelligence committee for five years and going through some of the most sensitive information this government has. i have more foreign policy and national secur

to the high court, it took the president about a month to nominate justices elena kagen and sonia sotomayor. here's a look at some of the potential nominees mentioned in legal circles. indian-american on the washington, dc court of appeals. so is patricia millett. and paul watford is an african-american on the ninth circuit court of appeals in california. today president barack obama will be busy meeting with leaders from southeast asian nations in california. it will be the first time the group will gather in the u-s. secretary of state john kerry and secretary of commerce penny pritzker will also be there. together they'll cover many issues including security, trade, and climate change. analysts say the meeting comes as the u-s steps up efforts to counter china's growth. now to a 10 on your side investigation... with facebook, twitter, instagram and all the other social media out there, we have plenty of opportunity to tell the world about ourselves. but some websites can reveal information that we don't want others to know. investigative reporter chris horne has this preview of his speci

he reminded that the president took about four to five weeks to nominate elena kagan and sonia sotomayor. so, we could have a nominee from the president before the end of march. stacey: justice scalia died last weekend in texas at the age of 79. author harper lee has died. she was 89. lee was best known for her book, "to kill a mockingbird." the best seller was published in 1960. it gave a child's viewpoint of racial injustice in a small, southern town. steve: making news right now, defense officials say a top isis terrorist is dead, after u.s. warplanes hit multiple targets in libya, including an islamic state training camp. the strikes took place close to the tunisian border. investigating how and why a tourist helicopter crashed into the ocean, near pearl harbor. this cell phone video shows the helicopter hovering in the air, right before plunging into the water and overturning. bystanders rushed to help free the passengers, who were trapped inside the sinking wreckage. chris: somebody said, "there's somebody still in the aircraft." so, i dove through from the pilot's side and the bac

frankly they did a fine job with sotomayor and kagan.argued for filibuster and i argued against it they did that smoothly with plenty of votes. different situation. republican senate for a reason because they want a bunch of -- because a punch of people were mad at president obama. plenty of backup from the voters to say hey hey hey let's chill and look at this. >> that's exactly why you should have this go forward lot of people voted for president obama to be president twice not seven eight years. under the terms of that vote people have spoken about who is no nominate a supreme court justice. mary katharine, i don't agree with what you just said about democrats being aggressive in terms of handling nominees. i recall not only was justice kennedy approved in the last year under president reagan but i think there have9á been 19 supreme court justices approved in the last year. don't forget democrats got the majority in the senate when president bush was there and they approved two conservative nominees for president bush. >> let's clear

: and they could filibuster to his two appointees to the supreme court justice kagan and justice sotomayor. them got significantly fewer votes from the opposition party then justices usually get. most supreme court appointments have been unanimous or near .nanimous there have been a few battles over very particular nominees such as judge bork or clarence thomas. in recent years there has been a very clear partisan intent to the votes. i don'tyor and kagan think either of them got 60 votes. similar to justice alito who got hardly any democratic votes. back in 2006. i think we will see a lot of republican opposition. there may be an interesting calculus in the republican about republican senators from democratic leaning states who are up for reelection. that is a wise vote for them or not. we'll have to see how it plays out. interest of all the republican members of the senate may not be in alignment why comes to this issue. where's the interests of all the democrats in the senate are in alignment. host: our topic is the death of justice scalia who died yesterday at the age of 79. jess cover

the other four, including president obama appointments sonya sotomayor and alina case began are on the more progressive side of things. >> it turned into a focal point at the republican presidential debate in south carolina. marianne favro joining us with a look at how the supreme court vacancy is putting new focus on the future of the court and the campaign. >> reporter: especially with president obama announcing tonight that he plans to nominate his successor. the republicans debated in south carolina hours after learning of the december of supreme court justice antonin scalia. the candidates heaped praise on the court's long-time conservative stalwart. >> he will go down as one of the great justices in the history of this republic. >> reporter: president obama praised scalia, calling him one of the most consequential judges to serve on the supreme court. >> i plan to fulfill my constitutional responsibility, to nominate a successor in due time. 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 timel

we're going to do the same thing that we did with respect to justice kagan's nomination and justice sotomayor's nomination, someone with an outstanding deeply about our democracy and cares about rule of law. there's not going to be any particular position on a particular issue that determines whether or not i nominate them, but i'm going to present somebody who, indisputably, is qualified for the seat and any fair-minded person, even somebody who disagreed with my politics would say would serve with honor and integrity on the court. >> all right. president obama live in california talking about a supreme court nominee to take over for antonin scalia. we'll have more on this, coming up in a little bit. now to breaking news in orange county. in just the last hour we've learned the mom of a missing newborn has been arrested. the baby is still missing right now. this is news 6 at 5:00, getting results. i'm matt austin. >> i'm lisa bell. orlando police say they were tipped off by someone who found afterbirth in the middle of a they soon found the mom, but her story about where the baby was kept chan

>reporter: white house says the president will go by the same criteria he used when he nominated sotomayor and indicating an to the supreme court. in the past it's taken 25 days to withdraw, confirm or reject a nominee. in san jose, 7 news. >>> the mother of newborn is if police custody tonight. still ahead at 11:00. the trail of blood inside had california subway restaurant that led to her arrest. >>> and bay area firefighters step into action to save a 6 day old horse but tonight they need your help. >>> and parking lot problems on the golden gate bridge. the golden gate bridge. blame game under way tonight. >> here's what's coming up tonight on jimmy kimmel live. >> thanks. sharing is caring so sharing this with you because i care. >> megan train or is like if the sassy girl you used to work with at express just randomly with at express just randomly had a sinking career >> newborn boy is in critical condition. his mother is in jail accused of leaving the baby in a restaurant toilet. workers at subway sandwich shop east of los angeles discovered the baby partially submerged after hearin

he's not as liberal as sotomayor or kagan. if you see the president go down that road and he names him, that's his attempt of trying to put up a confirmable guy in a republican senate. but he may choose to do something more that excites the liberal base and wants the partisan fight and wants it for the election. i think we'll learn a lot where the president wants to go by the type of candidate he picks. >> thank you, chuck. i know you'll be talking about the horse race too. we'll see you in a few minutes here. >> you got it. >>> stick around for meet the press after "today in new york." his guests on the screen there, marco rubio, donald trump, john kasich. scalia situation and the latest on the sanders and clinton campaigns. >>> in other news, the man accused of a triple murder in staten island is behind bars. michael sykes charged with murder, attempted murder and robbery. u.s. marshals picked him up in queens yesterday after getting a tip from a friend of his. he was knocking on the door. he's accused of stabbing rebecca cu

por el senado se convertirÍa en el segundo magistrado hispano de la corte suprema despuÉs de sonia sotomayore 5 veces más manchas que con la caja roja. para una sonrisa como ésta... crest 3d white es la manera de blanquear ♪ (mÚsica) ♪ una ola de tormentas y tornados afecta el sur de estados unidos ha dejado al menos tres muertos 30 heridos y numerosos destrozos en louisiana se registrÓ dejo apodo dos fallecidos en missisippi se reportÓ la muerte de una persona mientras tanto al norte otro tornado provocÓ daÑos y 24 apartamentos hasta el momento unas 2700 personas han quedado sin electricidad en el Área de pensacola en la florida dos hospitales aquÍ en houston, texas han podido crear una prueba rÁpida para diagnosticar el zika. esto coincide con la confirmaciÓn de 14 nuevos casos del virus en estados unidos aparentemente a travÉs de transmisiÓn sexual. ivÁn taylor tiene los detalles. >> estas dos instituciones colocan a texas al frente de la batalla contra el virus de zika, ambos ofrecen exÁmenes rapidos. . >> te tomo una muestra de la sangre del paciente o la orina o lÍquido cÉfalo raquÍdeo

justices sotomayor and kagan got up and support. republican support. it would be rather unusual for the president to put forward somebody that the present -- that the republicans could not support. the constitution does not suggest that senators should only support someone that they themselves would have nominated. that is not the process. the president of the united nominate someone, and the senate is to offer their advice and consent whether that individual cancer honorably in a lifetime appointment to the supreme court. justices sotomayor and kagan are off to a start in doing that, and we are confident that the nominee the president puts forward is someone that can also fit that description. -- icouple questions about wanted to follow-up on the question about the south china sea. there are images that seem to show a powerful radar being installed, and this comes just a few days after -- [indiscernible] in the same area. the administration has done it quite a bit, including last week to send a signal to china to stop this. the new partnerships with t

>reporter: white house says the president will go by the same criteria he used when he nominated sotomayor and indicating an to the supreme court. in the past it's taken 25 days to withdraw, confirm or reject a nominee. in san jose, 7 news. >>> the mother of newborn is if police custody tonight. still ahead at 11:00. the trail of blood inside had california subway restaurant that led to her arrest. >>> and bay area firefighters step into action to save a 6 day old horse but tonight they need your help. >>> and parking lot problems on the golden gate bridge. the golden gate bridge. blame game under way tonight. >> here's what's coming up tonight on jimmy kimmel live. >> thanks. sharing is caring so sharing this with you because i care. >> megan train or is like if the sassy girl you used to work with at express just randomly with at express just randomly had a sinking career unless you have allergies., then your eyes may see it differently. only flonase is approved to relieve both itchy, watery eyes and congestion. no other nasal allergy spray can say that. when we breathe in allergens our

president obama has done this in office.the president successfully appointed sonya sotomayor -- the first hispanic justice and elana kagan was confirmed when justice john paul stevens retired.already -- there are a few names that are being floated for who could be the president's supreme court nominee.three that keep popping up on many lists you look at are sri srinivasan -- loretta lynch -- and jane kelly -- who has connections to cedar rapids. rapids.srinivasan is a court of appeals judge in d-c -- where chief justice john roberts -- antonin scalia -- clarence thomas -- and ruth bader ginsburg all were nominated fromhe would be the first indian-american on the court. court.loretta lynch is the attorney general right now -- after a long delay for her to be confirmed to that position in april because of partisan politics in the senate.experts say the administration likes her and she's already recently gone through the senate's vetting process. process.jane kelly is also on the short list.she was a federal public defender and supervising attorney right "i'm going to present somebody who in

he endorszed sotomayor. if you're a candidate, you don't want to talk about that. you want to figure out something else. that's what they'll do. the media is always looking for something new and interesting to cover. >> you've been called marco robot, to see a headline that you chokes doesn't bother you? >>s that party of the process. >> was it your finest performance? >> we did excellent. in our website, we raised more money in the first hour of that debate than all the other debates. >> the governors who are your opponents talk about the experience of actually being in charge of something as opposed to, you know, being on the legislative side as a senator. what do you respond? >> they have zero experience on foreign policy. none. jeb bush has no foreign policy experience. >> how deep is your foreign policy experience? >> more than any of them. i was a member of the intelligence committee for five years, going through some of the most sensitive information. i have more foreign policy experience than anybody on the stage that nights combined. >> your strong third p

sonia sotomayor cases, elena cagen who were ultimately confirmed, this same question arose of the president's record in filibusters and samuel alito going allege. the president gave the same answer as today, samuel alito is on the court now so my vote counted for nothing. if it counted for something, then i would have voted against the filibuster seems illogical on its face but that's the argument the president continues to use. >> some democrats suggest there is a difference between a show filibuster when it doesn't count and when it really does matter. i want to play a sound bite of the president discussing the constitution. >> the constitution is pretty clear about what is supposed to happen now. when there is a vacancy on the supreme court, the president of the united states is to nominate someone. the senate is to consider that nomination and either they disapprove of that nominee or that nominee is elevated to the supreme court. historically, this has not been viewed as a question. >> mike, any surprise there on the president's remarks about the constitution? >> absolutely not. i think

: and they could filibuster to his two appointees to the supreme court justice kagan and justice sotomayor. them got significantly fewer votes from the opposition party then justices usually get. most supreme court appointments have been unanimous or near .nanimous there have been a few battles over very particular nominees such as judge bork or clarence thomas. in recent years there has been a very clear partisan intent to the votes. on to mayor and kagan

i voted for sotomayor and kagan. i believe the president has a right to nominate people of their philosophy. but when this president and harry reed changed the rules that i fought -- when republicans tried to do it, i was in the gang of 14 that said no. that really bothered me a lot. he has to find a candidate that can obtain a level of consensus that would be required. whether they can or not is up to him. >> thank you so much for joining us. that is senator lindsey graham, supporting jeb bush. he thought that jeb bush had a wonderful night and his campaign is reinvigorated. >> thank you, gabe. i want to bring in perry bacon. perry, part of the argument is, both sides have changed rules when it comes to judicial nominations. graham arguing the democrats will reap what they've sewn. >> it's hard to take that argument -- when he voted for sotomayor and justice kagan, the democrats had a very large majority in the senate. there were 59 or 60 democratic senators. so whether graham or republicans backed those nominees or

to the high court, it took the president about a month to nominate justices elena kagen and sonia sotomayor. here's a look at some of the potential nominees mentioned in legal circles. sri srinivasan is an indian-american on the washington, dc court of appeals. patricia millett is another possibility. she is also on the dc court of appeals. and paul watford is an african-american on the ninth circuit court of appeals in california. still ahead this morning, our biggest story trending on wavy dot com. we'll tell you how you can help dozens of families affected by a fire. and winter weather covered our area overnight. you're looking live at the snow falling in newport news. up next meteorologist when the snow will change over to dangers that poses. ("jeremy ad libs wx headlines") winter weather advisories are up cities and counties until the mid afternoon. today: snow showers becoming a mix of rain, sleet, and snow. then it will turn to all rain through the midday and early afternoon. highs will be in the mid 40s. winds var. 5-10mph. tonight: mostly cloudy with scattered rain showers. temps w