TIMES WITH NEXT TIME SAVER
TRAFFIC.
BACK TO YOU.
Anchor: THANK YOU.
DEATH OF SUPREME COURT JUSTICE
ANTONIN SCALIA IS A SETBACK FOR
CONSERVATIVE LEGAL MOVEMENT.
SEVERAL QUESTIONS THAT LOOM.
HOW WILL COURT WORK WITHOUT HIM?
WHO WILL REPLACE HIM?
HOW WILL THE DEATH AFFECT
RULINGS THIS YEAR.
JOINING US TO BREAK IT DOWN IS
LOCAL ATTORNEY AND
CONSTITUTIONAL EXPERT ROD
SULLIVAN.
THANK YOU FOR BEING WITH US.
THIS IS A MAN THAT WAS FIERY,
FUNNY AND POLARIZING.
A FACE OF THE COURT'S MODERN
CONSERVATIVE TURN.
ABSOLUTELY.
WHILE THE PUBLIC SAW HIM THROUGH
THE LENS OF THE NEWS MEDIA AND
ANGRY CONSERVATIVE.
ONE-ON-ONE HE WAS FUNNY AND
PERSONAL AND WELL LIKED PERSON.
EVEN AMONG MEMBERS OF THE COURT.
EVERYBODY REALLY GOT ALONG WITH
JUSTICE SCALIA AND HE GOT ALONG
WITH EVERYONE ELSE.
Anchor: THERE IS A BITTER
DIVIDE THIS SEASON OVER VISIONS
FOR THE ECONOMICS NATIONAL
SECURITY.
IMMIGRATION.
AND NOW IT IS WIDENED TO INCLUDE
IDEOLOGIC COMPETITION OF THE
HIGHEST COURT.
DOES THIS BITTER DIVIDE, ITSELF
THIS CASISM WIDEN FURTHER.
I DON'T KNOW ABOUT THAT.
BUT MORE IMPORTANT ISSUE THAN
ANY OTHER ISSUES YOU MENTIONED.
SUPREME COURT APPOINTMENTS ARE
FOR LIFE.
AND RIGHT NOW WITH DEATH OF
JUSTICE SCALIA, COURT IS
DIVIDEED WITH FOUR LIBERALS,
THREE CONSERVATIVES AND SWING
VOTE PERFORM THERE WERE A 5TH
LIBERAL ON COURT THEN AS LONG AS
THAT MAJORITY FOLLOWED --
REMAINED CONSERVATIVES WILL HAVE
NO SUCCESS IN FRONT OF COURT AT
ALL.
THAT'S THE REASON SENATE WILL
NOT CAVE IN ON THIS ISSUE.
I DON'T THINK YOU WILL SEE A NEW
JUSTICE APPOINTED BEFORE THE
INAUGURATION OF NEW PRESIDENT.
Anchor: MAMEANS WANTING 11
MONTHS.
IS THAT HISTORIC?
NOT REALLY.
THE FACT IS THAT NOTHING IN THIS
CONSTITUTION REQUIRES NINE
JUSTICES.
THERE IS A STATUTE THAT SAID
THERE COULD BE A MAXIMUM OF
NINE.
MINIMUM OF SIX.
AND THERE WERE MANY TIMES OVER
THE COURSE OF THE HISTORY OF THE
NATION WHEN THERE WERE FEWER
THAN NINE JUSTICES.
AND WHERE THERE WERE JUSTICES
THAT WERE INCAPACITATED AND NOT
PARTICIPATING IN THE COURT.
YOU KNOW, MOST IMPORTANT
DECISION THE SUPREME COURT MADE.
MARBURY VERSUS MADISON MADE WHEN
THERE WERE SIX JUSTICES ON
UNITED STATES SUPREME COURT.
SO COURT CAN OPERATE WELL WITH
EIGHT JUSTICES.
JUST AS WELL AS WITH NINE.
Anchor: LET ME GET BACK TO
SOMETHING YOU ALLUDED TO.
PROCESS HAS ABILITY TO RESHAPE
LAW.
OUTCOME HAS POTENTIAL TO RESHAPE
AMERICAN LAW ON ABORTION BE
AFFIRMATIVE ACTION, VOTING
RIGHTS, AND ENERGY, CAMPAIGN
FINANCE AND OTHER ISSUES.
DEPENDING ON WHO SITS IN JUSTICE
SCALIA'S SEAT.
OF COURSE SUPREME COURT ONLY
HEARS THOSE CASES BROUGHT IN
FRONT OF IT.
WE HAVE NO WAY OF KNOWING NEXT
TERM, TERM AFTER, THAT OR NEXT
15 YEARS WHAT THE ISSUES WILL
BE.
BUT SUPREME COURT IS PREEMINENT
BODY THAT SHAPES OUR SOCIAL
POLICY.
NOT CONGRESS.
IT IS NOT PRESIDENT.
AND THEREFORE, THIS REALLY IS A
KEY HOT BUTTON ISSUE IN
DETERMINE YOU CAN THE FEWER OF
THE NATION.
Anchor: NOW YOU SAID YOU
THINK THIS PROCESS WILL BE DRAWN
OUT.
PRESIDENT OBAMA PRETTY MUCH SAID
WHEN SENATE COMES BACK FROM
RECESS FEBRUARY 22, HE WILL GO
AHEAD AND LEVEL THE NOMINATION.
IT COULD SET THE STAGE FOR
REPUBLICAN FILIBUSTER IN
SENATOR.
NOT SOMETHING WE HAVE SEEN
SINCE, GOSH, LBJ'S DAYS IN 68.
TRUE BUT BARACK OBAMA
PARTICIPATED IN A FILIBUSTER HE
WAS IN U.S. SENATE OVER SUPREME
COURT APPOINTMENT OF JUSTICE
ROBERTS.
SO IT IS REALLY NOT
UNPRECEDENTED.
UNPRECEDENTEDED FOR ONE TO
SUCCEED.
LAST JUSTICE THAT FILIBUSTER
SUCCESS HE HADED IS ROBERT FORK.
BUT IT IS NOT UNUSUAL.
IT IS NOT -- THIS IS SUCH AN
IMPORTANT ISSUE THAT I WOULD
EXPECT IT TO GO TO THE MAT.
Anchor: YOU HAD A CHANCE TO
MEET JUSTICE SKALIAM WE HAVE A
PICTURE ON YOUR FACEBOOK PAGE.
PERSONAL REFLECTION.
HE WAS A TRULY NICE
INDIVIDUAL.
DESPITE EVERYTHING YOU MIGHT
HAVE SEEN IN MEDIA.
HE IS PERSON ANAL.
FRIENDLY.
AND VERY APPROACHABLE JUSTICE.
I MEAN OF ALL THE JUSTICES IN
SUPREME COURT.
I HAVE HAD THE CHANCE TO SPEAK
WITH HIM THE MOST ON ONE-TO-ONE
BASIS.
FUNNY THING IS WE WOULD NOT
NORMALLY TALK ABOUT LAW.
WE WOULD TALK ABOUT FLY FISHING
AND TALK ABOUT THINGS OTHER THAN
THE LAW.
HE IS AN INTERESTING ENGAGING
AND NICE INDIVIDUAL.
Anchor: LOOK.
EVEN HIS BIGGEST LEGAL OPPONENT
ON THE COURT BUTH BADER GINSBURG