donald trump's record could believe for a moment that donald would appoint principled, conservative ustices. i'll tell you why i know that. because if you look over the past decades, any time a republican nominate a judge with a proven conservative record on the ench, you had a nasty, not - knockdown drag-out battle. the democrats care about court and will invest all their energy defeating a proven conservative. it is why republican presidents have decided the court didn't matter that much and they would go with a stealth candidate with no record because they are not willing to invest the political capital. the democrats are always willing to invest everything they have in confirming far left-wing justices. if donald ever became president, we know for a fact he would not invest any political capital in confirming a conservative justice because he's been supporting left-wing democrats, writing them checks, many of whose core missions was reventing conservatives from getting to the court. no one who cares about conservative justices could rite those checks. i would note the stakes -- we are o

ustice scalia goes on, america is at war with the radical islamists. killing americans and american allies abroad. marine barracks and at the khobart towers and 224 in our mbassies in nairobi, 17 on the usscole in yemen. on september 11, the enemy brought the battle to american soil killing 2,749, 184 at the pentagon in washington, d.c., and 40 in pennsylvania. it has threatened further attacks against our homeland. one need only walk about barricaded washington or board a plane anywhere in the country to know that the threat is a serious one. our armed forces are in the field against the enemy in afghanistan, in iraq. last week, 13 of our countrymen were killed. the game of bait and switch that today's opinion plays upon the nation's commander in chief will make the war harder on us. what comes next, perhaps one of the most profound statements that any justice on the supreme court ever put in writing. but he was right and being right in his dissent in the supreme court's decision, he knew he needed to put this next sentence in print. so justice scalia

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s whatlibe actits dot do lieral aists want t insad legislaterom t benc a peect example of that is ustice scalia. justice scaiawas aion of the supremcourt. hewae ofhe greatest reme cuses in ry. spnt teededes on court. but befee as on the court he was alaw professor formany, manyers hewas aurt of aeals jue. he had a longproven record so you knew exaly what you were getng with justice scalia. i knew juicecalia f 20 years. >> is this the mistkeou t s maith ber? ofourse it . >> were a big supporter of im, butn hindsigou're not. ttcause you think that he dn't ha a trackrecord? heidt have track jorobert on georgbuomated him, i sported t nomination a a republican nominee, but i would have nominated my former bs, a court of appeals judge,ustice sclia's very first law clrk and had a longrtrack cd. an, uck, jus asonald reagan wa to thepresidency,o antonin scalia was to the supremecourt. he had that big an pact. and i think his passing yesterday really underscores the akes o thisctn. we ar facin rdame ghts in a > let me ask u, does the id states senatee an obligation to leaonsid a nominatio tt pside

litigation isn't about tryinin to set a precedent or send any kind of message, it's about the victims and ustice. the legal sparring will continue when apple files a formal appeal later this week. y gray, nbc news. customers unknowingly paying hundreds of mllions of dollars for nuclear power plants should get their money back. th's according to a class action lawsuit filed yesterday against them and duke energy. they said they've been overcharging customers to fund nuclear construction projects, one of which has been a ban toned. they want to add a new unit on biscayne bay but has yet to get permission from the fed. such utility projects hissrically have been financed by banks and wall street, n#t the consumers. they want the customers to get their money back, up to $800 million. they said they're only billing customers for money already on planning. >>> rain late this afternoon. is more on the way? here's one of the areas seeing rain right now. it's miami beach. and heading towards north miami and aventura. the only spot right now with i've got the forecast coming up. >>> plus, "consumer report

the funeral mass coming up this morning for supreme court ,ustice at the nee antonin scala who passed away at the age of 79. [organ music] ♪ [organ playing] >> [indiscernible] dear brothers and sisters in the lord, thank you for joining us today for the funeral mass of justice antonin scalia here at the basilica of the national shrine of immaculate conception. you honor the scalia family and the justice with your presents today. thank you. on this occasion, be happy among and christianths denominations. for those of you unfamiliar with the liturgy, or only partially acquainted with it, please refer to the program to follow along. i also refer you to the guidance provided by the united states conference of catholic bishops for the communion. it is toward the end of your program. may ask you to take a moment to review prior to the start of the mass. in addition, i ask all members photographyom any with the camera or smartphone, and silence the rink is for the sacredness of the family. the funeral mass will begin shortly. there are two processions. the first will be for the priests enter

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ustice scalia got 90-some.ed somebody who can be universally praised and that may be combrim possible in this you -- new political environment but you know president obama asked the question the other day would he nominate a moderate and the answer was no. so is this going to be a political statement? or is this somebody who he really wants to put on the bench who could bring the american people a consensus? i think that's necessary right now. god knows with all of our institutions under attack, including the supreme court, is sathes -- is a time for let's try to rebuild some of these institutions and the respect and faith we used to have in tem. you don't do that by signaling a political chicago, but rather somebody who can rally people and be almost a unanimous confirmation by the senate. matt: and ken, what would you say to senator mcconnell about how i should proceed in the coming days and weeks? >> i think he also should take based reath and decide onwhat president obama does how to proceed. you know, i al

redistributing controversy will go to the ofreme court with the death .ustice >> we've gone through the process. one new -- >> can you pick any other seats virginia? >> now we've won, which will be democratic performing. we have other seats that are very competitive. you look at northern virginia, always an opportunity. very rich area that we can pick up democratic seat. we can pick up there in northern virginia. huge opportunity with a republican held seat up there. florida added two seats to the process. we've got three new seats that the democratic column. youerry mcauliffe, i'm glad didn't walk away. thank you all for watching. charlie: rodge angel is here he's long term contributor with the new yorker magazine. writer to be inducked the both baseball hall of fame artshe american academy of and letters. how about that. old man"ook is "this it is a collection of his writings. growing olderion and life in its tenth decade. the 2015 america society of magazine and editors, bests say award. he said it brought him more kindness from anything he has ever written. i'm pleased to have roger

the 79-year-old ustice passed away in his sleep at his west texas ranch. he was a conservative on the bench. during his 30 years on the supreme court he became best known for his literal interpretation of the constitution. after news of his death, president obama announced he will nominate a successor before he leaves office, which means we could see the first major shift in the supreme court since 1991. >> this is disruptive to the supreme court sessions, because as it's moving toward handing down more and more decisions, you may end up with a-4 vote as opposed to having a majority one way or the other. >> the democratic candidates are calling for the seat to be filled immediately. currently five of the nine justices are conservatives. whoever the president picks. >>> this morning the flag outside the supreme courr is flying at half staff in the justice's honor. detaiis on the funeral have not been laid out yet. >>> the republicans began their debate last night with a moment of silence for juutice scalia. then the six remaining candidates wasted no time i

terms of how these open vacancies have been our ed in the past skfment pray rers with the family of ustice scalia. the constitution is clear where it says that tment shall nominate and it says that the senate role is to advise and consent. when you look throughout history you have to go back to the civil war to a time when a for over as left open a year. a time before we had cars, planes and washing machines. we also look at the current justices on the court and the fact that since 1975 there actually the average time from the time the person is nominated we've been joined by a law professor herself senator warren we won't call her professor warren today. as well as senator carden. you have to go back to these nominees to 1975 it takes an average of 67 days to get this done. yet some of our colleagues on the other side of the aisle are talking about holding this up for well over a year for two terms of the court and we believe this is unprecedented and is against the clear words of the constitution. so with that, we're going to -- i know we are going to be joined by some of my colleagues b

nominations a repupuican nominee, but i would have nominated my former boss, a court of appeals judge,ustice scalia's very first law clerk and h h a long proveetrack record. reagan was to the presidency, so supreme court. he had that big an impact. and i think his passing yesterday really underscores the stakes of this electioio we are facing our fundamental rights in a balancnc. >> let me ask you, does the united states senate have an obligation to at least consider a nomination that president ooma puu forward? i understand that you guys don't want it. and you would prefer to let the -- t doesn't the united states have an obligation to at least go through the process and have an up or down vote? >> not remotely. >> why? >> it has been 80 years since a supreme court vacancy was nominated and confirmed in an election year. there is a long tradition that you don't do this in an election year. anddhat this means, chuck, is we ought to make the 2016 election a reffendum on the supreme court. i cannot wait toto stand on that debate stage with hillary clinton or bernie sanders and talk about what

. >> reporter: thousands of people are expected to come to the funeral later this morning, ustices and the vice president. two days of kind of public official mourning started yesterday at the supreme court as scalia arrived atstitution he has served for 30 years for a final time. his son, the father paul scalia, court's great hall. all of the justices, their spouses were there. and you could just see the grief oney have never served on this court without the larger than life scalia. now later in the afternoon, the president and first lady came by to pay their respects. the president met withmbersscalia's family but not attending the funeral today. as i said, the vice president and jill biden will attend here today instead.l scalia, scalia's son, will also be leading the mass here. the justices and retired justices, they will be here.ce thomas, preventing additional lead pipe corrosion has not been completed and flint officials had no immediate ccess its own database. >> here to explain how it all worked and why it's worrying other institutions on who could be vulnerable is ryan of pro

. >>> the fight over replacing ustice antonin scalia is escalating. senator republicans said they nominee from president obama and that breaks precedent. the senate a always given a nominee a hearing since reports that senate majority leader mitch mcconnell said there isn't a snowball's chance in hell that he'll back down. >> the judiciary committee hasously recommended there be no hearings. i agree with that. number two this nomination will be filled by the next president elected in november. >> a letter from scalia'she late justice suffered from heart disease and obesity and diabetes among other ailments. the 79-year-old justice was also a cans will strongly challenge the president's plan to close the guantanamo bay prison in cuba. united states and in 2011 transfer of any inmates into the u.s. they looked at locations to house the prison and that includes the naval bringing in south carolina and super max prison in colorado and the leavenworth, kansas. >>> apple wants congress to resolve its fight with the fbi rather than the courts. reports the te

he might have had more heart disease than was thought ustices are not required under law to disclose their medical conditions but if scalia had made his health issues public, these questions may not be coming up.y had no further comment. >> jan, thank you. >>> mma fighter ronda rousey has opened up in a rarel interview about her shocking ufc lost. she told ellen degenerest about taking her life after her loss last year to holly holm. the medical room, i'm like, what am i'm not this? i was literally sitting there and thinking killing myself and last second, i'm nothing. what do i do any more? and no one gives a [ bleep ] me any more without this. to be honest, i looked up and i saw my man, travis was standing there and i looked up at him and i need to have his babies. i need to stay alive! >> rousey's boyfriend is also a ufc fighter. she had been undefeated before losing to holm in now rousey is looking forward to a rematch. >> interesting to see how much it still bothers her all this time later. i think it's great she is though, to come out of nowhere during the conversation. ronda,

at i'm what iaying is there shouldt be an obama --ustice election year. let it be an important part of thelti process. there's a lot riding on this. e seco the second amement, religious freedom d her causes portant for this cntry w be determined by this pick. >>or those sayg at there shouldn'be an up or down vote, and i unrstand y're not cessily e ofhem, are th on weakonstitutional ground? in otherords, you said t otheou're an article ii guy. makeslear the pre nominate nominates, senate advises and consts. it doesn't say, exce in an election yea >> the president has the right to nominate. that was my int in the debate. the senate has the rht to point i irresctive of thatere should not ban appointment based onhe record of presidentbama's selection of judges. they're they're way out of the mainstream this shod be an important point that we haven the election. i'm more than happtoitige that. even though i'm t a wy, i'm happy to lthe constitutiity of this se. l me lk about your campaign. presidenbugeorge w. bush, wi be on the trail wh you this morning. he's m

an iowan is among the names being floated as a potential supreme court ustice, following justice scalia's death this weekend, jane kelly is a federal appeals court judge. she worked at the federal public defender's office in cedar rapids for many years -- after going to harvard law school -- where she was a classmate of president obama's. she also survived a vicious attack -- out jogging -- on a trail in 2004. now, let's go to eileen with a look at weather. flurries and fog today with highs around normal. lighthtsnow late tonight could bring another 1 to 2" to the viewing area weekend. we'll be back in 30 minutes, be normal. light snow late tonight and tomorrow could bring another 1 to 2" to the viewing area with flurries into wednesday. rin showers on/ friday with warmer temperatures into the weekend. we'll e back in 300minutes, be sure to check kwwl dot com for the latest news you're watching k- w-w-l, we've got you covered. >>> we're back at 7:30, monday morning, february 15th, 2016. we have a great crowd braving the chilly weather on rockefeller plaza. in a couple days, it'll get warm

we're able to point out how the ustice department has been effective in making these banks accountable. so why in the world would we take away the justice department's tool that is firrea. why would we prevent the justice department from going after these banks who know they're dealing with crooks and fraudsters? so i would ask for a no vote on this bill and i yield back the balance of my time. the chair: the lady reserves. the gentleman from missouri is recognized. mr. luetkemeyer: thank you, mr. chairman. with that i'd like to yield to the distinguished gentleman from south carolina, mr. mulvaney, the co-sponsor of the bill, two minutes. the chair: the gentleman is recognized for two minutes. mr. mulvaney: i thank the chairman. i thank my friend from missouri as well. we've been working on this for 2 1/2, three years. the bill is fairly simple, mr. chairman, in what it actually does. just takes a second to read the line, an appropriate federal banking agency may not formerly or informerly to terminate a specific customer account without a really good reason. what people think about t