jeffrey toobin, thank you. we're going to take a quick break. as you look at live pictures of the supreme court there, the flag is at half-staff on the day that we have learned that justice antonin scalia at 79 years old has died after 30 years on the high court. we'll be right back. listen up! i'm here to get the lady of the house back on her feet. and give her the strength and energy to stay healthy. who's with me?! yay! the complete balanced nutrition of great tasting ensure. with 9 grams of protein and 26 vitamins and minerals. ensure. take life in! performance... ...reimagined. style... ...reinvented. sophistication... ...redefined. introducing the all-new lexus rx and rx hybrid. agile handling. available 12.3-inch navigation screen and panorama glass roof. never has luxury been this expressive. this is the pursuit of perfection. the cold truth is, if a cold keeps you up at night... you can't work from home the next day. [ coughing ] that's why you need alka seltzer plus day night liquid gels. it's tough cold symptom fighters provide powerf

jeffrey, toobin, are you with me? >> i'm sorry. >> i'm just very interested ins as we look at these imams of the two of them, justice ginsberg and antonin scalia sitting down for a conversation on stage, i'm interested in justice scalia's relationship with the other relationships on the court and ruth bader ginsberg, his ideological opponent on the left. >> they were friends for many years. they had a lot in common. other than their politic which had nothing in common. they were both new yorkers. justice scalia from queens. ruth gens ginsberg is from brooklyn. they were both on the d.c. circuit before they were on the supreme court together. they spent new year's eve together all the time. through many, many years. justice ginberg's late husband, marty ginsberg, with a famous in washington gourmet chef and antonin scalia as he would happily acknowledge was a great gourmet eater. he very much enjoyed eating marty ginberg's cooking. justice scalia is, was, sorry -- hard to speak about him in the past tense, because very

jeffrey toobin to you. his death comes one month before the court is scheduled to hear its biggest abortion case in years. >> and there are few subjects that have moved justice scalia to more outrage than the subject of abortion rights. he was not on the court in 1973 when roe v. wade was passed by the court 7-2. but in every abortion case since he's been on the court, over 30 years, he has voted to allow legislatures to restrict abortion rights. he has loudly and repeatedly asserted that roe v. wade was incorrectly decided in the first place. and several times the court has come very close to overturning roe v. wade at justice scalia's encouragement but it has not done that. in fact that is the biggest failure of justice scalia's career. >> now in a month as the supreme court is set to hear the case, tell us a little bit about the case and what happens now with eight justices on the court. correct me if i'm wrong but there's no way you're going to get another justice in a month. >> certainly not in a month

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jeffrey toobin, to you. this moment, today, and, frankly, tomorrow, not about the politics, about the man and his service to this country. >> no, i, you know, was fortunate to be in that, pay my own respects earlier today. you saw the president and the first lady starring at the portrait. beautiful portrait in the collection of harvard law school where the president and first lady graduated. wonderfully symbolic portrait because there is with justice scalia in the background in the portrait, st. thomas more, the patron saint of lawyers. his hand rests on the dictionary and the federalist papers. and there is a photograph, a painting, in the photograph of his wife maureen at their wedding. so it's a beautifully evocative portrait of what meant most to justice scalia and i'm glad the president and first lady had a chance to study it and enjoy it because it's a terrific piece. >> we're about to see that portrait as they turn the corner here so people can see more of what you're talking about. what also stood ou

now we want to bring in cnn senior legal analyst jeffrey toobin and the author of "making a case, the art of persuading judges." how are you doing, brian? you doing okay? >> i'm holding up. it's a difficult time. >> sorry for your loss. you collaborated with justice scalia but also were a close friend. talk about that friendship. what was he like? >> we were together 12 days in the last three weeks. we spent 14 hours a day together in singapore and hong kong. justice scalia was, i think, undoubtedly the most famous judge in the english speaking world. as we would walk through a mall in hong kong, he'd be recognized several times. and he always wore it very lightly. if anything, he engaged in a little bit of self-mockery. but he was a humble man. and i found that in working on my two books with him. he was very deferential to my point of view, surprisingly. i hadn't expected that at all. ten years ago when we began our collaboration, i did not know the man well at all and thought he might be difficult. in fact it was the opposite. >> jeffrey toobin, you said scalia will be ranked as on

cnn analyst, jeffrey toobin, amanda carpenter, and democratic strategist, stephanie cutter. ben carson said if a republican were president the gop nominees would be pushing him to nominate a new justice. done he have a point? if this was year eight of president cruz's administration and the democrats were controlling the senate and saying, no way, no way, cruz would be pushing the nominee, i got to believe. >> that's why republicans should be unappall getically direct about what they're trying to do by stopping the nomination. voters have been crying out for republicans to stop president obama's agenda in his tracks, stopping his final supreme court pick that would change the ideological balance of the court as a direct way of doing this. i don't think we should bother out with digging up quotes, how republicans and democrats are wrapped around us, who cares. republicans must make it an election issue and say, we're playing with all of the marbles, let's let the next president decide. >> one of quotes dug up by republicans is chuck schumer -- chuck cruz, i invented -- a scar

mike rogers, claire of the house intelligence committee and the defense attorney and jeffrey ed- toobin, cnn's season your legal analyst and former federal prosecutor. mike, let me begin with you. donald trump wants supporters to boycott apple, number five on the fortune 500 list because apple said no to a justice department demand to unlock a phone used by terrorists who killed 14 people in san bernardino last december. apple says that would endanger the privacy of every iphone user. so who is right? >> well, i'm not sure i would agree with the boycott of apple just yet. apple is long it doesn't provide new secretive backdoor to allow someone to get into millions of iphones, you have to have physical access to the iphone and i'll throw another one under the bus, the department of justice questioning motives of apple using its legal rights to actually push back on the warrant, i think was wrong, as well. that should be better left to the politicians, maybe somebody like trump. here is the problem. this is a time-sensitive case. an interesting case for apple to say this is where we're go

jeffrey toobin as well. appreciate it. >>> breaking news in the 2016 race. a new cnn/orc poll out this morning shows the democrats are in a virtual tie in nevada. 48% of voters say they will support hillary clinton. bernie sanders surging to be right on her heels with 47%. on the republican side, donald trump trouncing his rivals there in nevada, garnering more support than his nearest three competitors combined. marco rubio and ted cruz in a race, very close race for second. trump holding a commanding 16-point lead in south carolina, three days before the gop primary. cruz, rubio, bush trailing the front-runner, as you can see. trump and cruz best with evangelicals by a 2:1 margin. it looks like saturday's wild debate could have cost a bit of a dip in the polls. as for the democrats, hillary clinton leads bernie sanders by a comfortable margin in south carolina. she has the most support among women and african-american voters, who groups she will need in her corner in order to clinch the nomination. again, more than half of democratic voters still making up

jeffrey toobin they all agree they don't want barack obama to name someone. we have fact checked marco rubio and mostly true on the claim that it has been 80 years, but of course, barack obama is president of the united states, and it is his right constitutionally, and he is the elected president of the united states to nominate someone. >> and he said in the brief remarks today that he will nominate someone. there is no doubt that he will nominate someone, and he should. this is what presidents do. look, the supreme court is at its heart a deeply political r party, body. so it is not surprising that a democrat wants to put his stamp. i mean, scalia's death is so important for so many reason, because he has been a consequential figure, but when you think of how the status of the supreme court now. there are four democratic appointees and five republican appointees and the court splits 5-4 on many important issues. if obama gets this appointment through, it will switch to a five democrat majority which is a constitutional earthquake. the republicans seem deter

. >> jeffrey toobin, you studied the supreme court, had many opportunities over the years to meet with justice scalia. this is precisely the kind of mass he would have appreciated. >> exactly. justice scalia was a traditional man, this was a traditional mass. i think the other thing that struck me in watching it is that this was still such an unexpected death. justice scalia was 79 years old. it is not of course out of the realm of possibility a 79-year-old or anyone could die in any moment, but he was so full of life, so aggressive, he was so much at the heart of the supreme court. the idea that he died so suddenly is something that struck me today, certainly struck me yesterday when i was paying respects at the casket at the supreme court is that he leaves a huge void at the supreme court and in american life. i would be willing to bet more americans have heard of antonin scalia than heard of john roberts. he's just been there for so long, been prominent for so long that his departure will change that institution profoundly and that's a big deal. >> a very big deal. you see the hears

jeffrey toobin, this is not just a big moment for obviously the scalia family, this is a big moment for the american family as people bid adieu to this giant of a justice. >> antonin scalia was i think the only larger than life figure on the supreme court, he just was someone who exuded a kind of charisma and importance. seems to me very suitable that he is getting a sendoff on this scale. this is an enormous funeral. it is in keeping with the moment for the court he loved so much. this is a turning point in the history of the court. it is by no means clear what direction it will go, from a purely practical, political point of view, there are four liberals on the court, four conservatives, and some president, whether this one or the next one, will pick justice scalia's replacement and his legacy may be enhanced by a conservative justice, if a new president picks one, or may be frankly overturned by five liberals. that's a big moment in american history. we rarely see a pivot so turned from a departure from the court. this man's funeral is symbolic how important he was. >> huge role, hug

. >>> joining me now, cnn senior legal analyst jeffrey toobin, david chalian and gloria borger. jeff, you know the court probably better than anybody. loved your book "the nine." is this a political trial balloon to see how the senate reacts? >> i think it's a combination. the most important fact here is that the republican senate is not going to consider anybody. barring some political development that just seems completely unlikely at this point. so this is a political act. and the idea of considering a moderate republican is a good symbol for a democratic president. makes him look broad minded. is a comparison to what he would say is the very close minded republican senate. keep in mind also the democrats would not be happy with a sandoval appointment. he is certainly more liberal than most republicans today, but he is someone who said the affordable care act was unconstitutional. yes, he's been pro-choice as a governor. but democrats care too much about this seat to give it away to a republican. so i don't think it's going to happen. this is the first of several names we're

jeffrey toobin, thank you. appreciate it. >>> coming up next, tonight's republican debate is most likely the most important, and critical debate yet. i know i have said that before. but as we go through this contest, it keeps becoming more true. truly. we're just days away from super tuesday, and it could be a make or break time for candidates like ted cruz, who is hoping to catch donald trump before it's too late. and there is one big thing that could help him do it. it's called texas! we'll talk strategy in a moment. on the floor! everybody down! nobody move! on the floor! hey, do something! oh, i'm not a security guard. i'm a security monitor. i only notify people if there's a robbery. there's a robbery! why monitor a problem if you don't fix it? that's why lifelock does more than free credit monitoring to protect you from identity theft. we not only use proprietary technology to detect and alert you to a range of identity threats, if you have a problem, we have a u.s. based team of specialists who'll work t

jeffrey toobin. thank you. pamela brown, thank you. >>> next, chris rock. chris rock's hollywood take-down. >> well, i'm here at the academy awards. otherwise known as the white people's choice awards. >> and that was just the beginning of that opening monologue there. much more on tackling the controversial issue there head on from that stage. also ahead, more from those fiery protests that just erupted at donald trump's rally today there at radford university in virginia. these protesters here, demonstrators, holding hands, chanting "black lives matter." see what happened next coming up. pet moments are beautiful, 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 bodies react by over producing six key inflammatory substances that cause our symptoms. most allergy pills only control one substance. flonase controls six. and six is greater than one. complete allergy relief or incomplete. let yo

. >> jeffrey toobin, what was your reaction? he mentioned the anthony kennedy confirmation that happened in the final year of the republican presidency. >> you know, these confirmations are really about power and how much the party cares. republicans in recent years have cared more about the supreme court than democrats have. that's why you have virtual unanimity to deny any obama appointee a vote here. remember, in order to get an obama nominee through this process, before the end of obama's term, you will have to get all 46 democrats and 14 republicans. there is just no way 14 republicans are going to join in to invoke cloture and have a vot on a obama nominee. compare that to the alito hearings where 24 democrats, including then-senator obama, suggested that they were maybe going to filibuster but you can't filibuster with 24 people anyway. it was sort of a theoretical theoretical filibuster. it just shows that republicans have been more motivated by supreme court appointments than democrats have. >> the president also cited,

. ♪ charlie: we continue with jeffrey toobin, who joins us from the timeworn center -- time warner center. he is a staffer for the new yorker and the author of several books about the court. staying with me is david boies. tell me how you saw him. jeffrey: there have been 115 supreme court justices, but there are a very small handful whose influence really lasts and is beyond the court itself. you are talking about chief justice marshall, louis brandeis, oral war and. antonin scalia is in that category. he reoriented many people's thinking about what the constitution means. he changed the way statutes are interpreted in the supreme court. he is a big influence in american law, more than just a handful. charlie: are his ideas in the ascendancy? are on thethink they bubble. i think this court, which is 5-4 , with five republican appointees and four democrats, sometimes he won, sometimes he lost. he lost on big cases about gay rights. he never succeeded in getting roe v. wade overturned. he lost on abortion rights most of the time. yes, there is a lot of influence their on the second amendme

i want to bring in jeffrey toobin, the expert in all things supreme court, and it just looks beautiful. right? >> it is really. it a physical symbol of how close law clerks are to their -- to the judge they serve. many of supreme court law clerks go on to prominent positions in the legal community in that group among them are possible supreme court nominees themselves. people like paul clement, who clerked for justice scalia. president george w. bush's solicitor general, prominent in that groom. jeffrey sutton, another prominent judge on the sixth court of appeals is there. paul kapuccio is in that group. i don't see them there. it is -- i think you have to say, as you can look, an overwhelmingly white, male group. justice scalia almost all of his clerks were white men, as you can see, in that group. and they are awaiting the arrival of the hearse, in a few minutes, i think. >> in a few minutes. >> if tradition holds. the justices themselves will appear on the stairway to pay their respects publicly. >> just a word about how many law clerks there are. keep in mind, justice scalia was,

i've spoken to legal analysts, including our own jeffrey to be -- toobin who said actually running against him he has standing to take up a lawsuit potentially on this issue. whether or not you win it, it becomes another distraction from the race. is this potentially a substantial attack on ted cruz over time that can kind of drag, weigh on h im as the race continues? >> it does weigh on him and i think he'll have to ultimately answer for one way or another. >> i'm talking about if there was actually a lawsuit. >> i don't think so. i don't think he has any real stack standing. the interesting thing is these are two candidates who were cozying up to each other and now they're at each other's throats and it's sort of an unbelievable turn of events. >> jamal, i wonder if i can ask you about the democratic side. i spoke earlier in the day with the head of the national urban league and asked him this question because there is a conventional wisdom that hillary clinton has such an enormous advantage among african-americans, really bernie can't break into that. he said, listen, no one owns the bl

jeffrey toobin thank you. manu thank you again for this and for breaking the news. >> thank you. >>> right now to the race for the white house. on stage tomorrow donald trump and his rivals. well they will take their best shot at the front-runner. and at reaching a huge number of potential voters. they can make their case during what may be the most critical point so far in this election season. cnn's republican presidential debate is the last one before voters head to the polls on super tuesday. that's six days from now when 11 states hold republican primaries or caucuses. and derailing donald trump is looking as tough as ever after he won by a long shot in nevada notching his third consecutive victory. trump won by his biggest margin so far, just a hair less than 46% of the vote. consider this for a moment. more people went out to caucus last night for donald trump than total in the 2012 nevada republican caucuses. for all of the candidates then combined. it is astonishing. let's go to phil maddingly. he is

jeffrey toobin is joining us on the phone. the pretrial hearing has been going on a couple of days. explain the judge's ruling today. >> well, cosby was investigated by this district attorney in 2005 for this very alleged crime, and his lawyers asserted that there was a verbal promise made to him that he would never be prosecuted in this pennsylvania county. what the judge said, and i think it's a very, frankly, easy case, is he said, look, if there is ever anything as serious as a promise not to prosecute, it has to be in writing. you can't rely on an oral promise all these years later. so the case will not be thrown out on this ground and it looks like it's going to proceed to trial. >> there's also been a battle under way between the current prosecutor and the previous prosecutor, jeffrey, right? >> that's right. that was played out in politics. the previous prosecutor investigated but then failed to bring a case against cosby. the incumbent, the new prosecutor, used that issue to win the election and then brought this case. that's a political issue. that really has no bearing on

. >> outfront now, our legal analyst jeffrey toobin. district appointee of george w. bush. if president obama were to pick him, that would be possibly brilliant. >> it would be possibly brilliant. it's not going to happen. if it did happen, the republicans would oppose him anyway. >> does that not call them out? this is not about trying to find the right person. you heard jim clyburn say it is about race. >> i don't know if it is about race, but i think mitch mcconnell has been straightforward about this. we want the next president to pick this person. we're having a presidential election. we want to have the next president make this selection. it doesn't matter who president obama picks. he's not going to have a hearing. we're not going to meet with him. yes, that will be a political problem for some republicans, but this seat is too important to senate republicans. they're not worried about the embarrassment. >> he is pro-choice. he has said same-sex marriage is a settled issue. >> but he also has said obamacare is intuitiounconstitu. he would be irritating to the democra

it's based on jeffrey toobin's book. the cast is extraordinary. cube baa a gooding jr. is o.j. it's incredible. >> amazing cast they put together. also coming up on friday, excited for "hail, caesar," the new coen brothers-clooney movie. an actor, played like george clooney, who disappears from the set. because of the movie within a movie, we see some of the movie see cereis about, which includes channing tatum doing the best song and dance number. worth the price of admission. >> different than "magic mike"? >> very different. >> you got defensive. >> sailor hat, less strippery. >> okay. elton john has a new album coming out. >> his 33rd album. he's reuniting with his old band. he made this album in three weeks. a song a day. >> wow. >> crazy. >> he's that good. >> a lot of shows coming back. next week, "grey's anatomy," "stand " with murder." >> a regular old thursday night in shonda land. >> we're excited. >> "zoolander 2," february 12th. can't wait for this one. >> it's been 15 years and ben back. this time, they're kind of considered old and lame in the fashion world. as d

cupp, david chalian and jeffrey toobin. s. empt s.e., the tweet he put out, i use both iphone and samsung, if apple doesn't give info to authorities on the terrorists, i'll only be using samsung until they give info. yesterday he goes on this little fight with the pope. today apple. >> there are no sacred cows. >> i don't know what's next. >> well, i don't either. this makes sense for donald trump. it's real simplistic. it doesn't address any of the nuance behind the complexity of this problem. if you unlock one apple iphones, you can unlock all apple iphones. that's a little too complicated for trump so he's saying let's boycott them and i think that resonates with his supporters. >> i actually think that's a little unfair to trump. i'm a former federal prosecutor. this is information that exists that is highly relevant to a very serious criminal investigation. i think apple should be obliged to figure out a way to turn it over. they can devise a way to do it under limited circumstances only under court order, but -- >> they

jeffrey toobin, thank you so much. again, justice scalia's funeral is set for tomorrow. my colleagues wolf blitzer, jake tapper will be on hand for this historic event. you can see it all live at 10:00 a.m. right here on cnn. thanks for being with me today. "the lead with jake tapper" begins right now. >> thanks, poppy. if donald trump wins tomorrow, will anything be able to stop him on his way to the nomination? "the lead" starts right now. a full-on demolition derby with one day until the south carolina republican primary as all the candidates trade paint with trump. is there any way trump could blow a tire and not send the gop into full-on panic mode? >> on the other side the voters in nevada poised to make this the wildest race to victory as the clinton machine tries to slow the bern. >>> plus dozens dead as u.s. warplanes target isis a thousand miles away from the middle east in libya. was another terrorist attack on the way? hello, everyone, i'm jake tapper. welcome to "the lead." in our politics lead, members of the republican establishment, is donald trump about

joining us, jamie gangel, our senior political reporter manu raju and jeffrey toobin. jamie, the gop has a risk if they get too tough and simply avoid any hearings and simply avoid doing anything, just delay, delay, delay. >> first of all, there's just the point of seeming to be completely lying in the sand, not willing to compromise. but here's something. what if the next president is hillary clinton or bernie sanders? will they be any happier with that appointment than now? they had an opportunity here, maybe i am being a cock-eyed optimist to pressure the white house into perhaps coming up with a candidate that would be more palatable to them. they're not even giving that the chance with this kind of rhetoric. >> most people are working, manu, and you know the hill well, on the assumption that the rips would use the filibuster to prevent even a final vote, if you will, an up or down simple majority. that means you need 60 votes. the democrats have 46. so they would need 14 more which right now seems highly, highly unlikely. >> it's a pretty heavy lift if you look at

toobin. scalia's biographer also joins us, she is reuters' legal affairs editor. cnn's carol costello joins us and pamela brown and fairway edward beck are with us as well. jake, this is an important day in american history because he was such a powerful figure on that supreme court. >> there are three ways that justice scalia really touched the lives of people in this country. first of all, in this town he was somebody whose friendships in not dictated by his personal believes. everybody knows that he and ruth bader ginsburg, one of the liberal justices on the court, were, in her words, best buddies. he pushed away the modern convention that you're not allowed to be friends with people of differing political views. second is his keen legal mind. i know jeffrey and joan will have more to say on that. third, for conservatives he was truly a beacon for three decades, somebody whose views of the law and the constitution they could follow and admire. and while liberals and conservatives and democ

with me now are chief political analyst gloria borger, legal analyst jeffrey toobin, cnn political reporter nia malika henderson, political director david chalian and presidential historian douglas brinkley. it's tight seating over here because there's a lot to talk about. let's go down the line here, win-lose. gloria. >> i think it was jeb bush's best debate. he was combative. he participated more than i've seen him in the past. and i think -- and i'm always wrong about donald trump. but i think this was also the debate in which we saw donald trump participate the most. but i think accusing the bushes of lying about weapons of mass destruction may have crossed the line in pro-military south carolina. >> this was more demolition derby than debate. this was really a raucous screamfest. and i think there were bad moments for every candidate. but ted cruz has decided from the very beginning that he wants to be the most conservative candidate running. i think that's what he was tonight. and that's what he wants to be. >> all right. nia? >> i thought rubio's rehabilitation strategy pretty much w

toobin, who has written several books about the court. david, let me start with you. what is happening right now inside the white house? you have been through this process with this president. >> well, first let us say that aaron sorkin could not have written this script better, dropping this right in the middle of a presidential campaign. but look, i think that they're going to want to move quickly. because you don't want this to settle in. you want to move quickly, put a nominee in front of the senate, obviously qualified, and let them explain for the next 11 months why they want to deprive the country of a supreme court justice at a tame when there are a lot of critical cases. >> that's what you would advise the president, put somebody forward who's obviously qualified, don't go for broke, don't go for somebody who's liberal to excite the base? >> there will be those who suggest -- i saw some names, kamela harris of california running for the senate now, maybe cory booker. >> you think that's a bad idea? >> both splendid people. i'm su

i have heard legal analysts and attorneys like jeffrey toobin who said he has standing and if he does it will tie up his campaign because he will have to spend the bulk of his campaign responding to the lawsuit. >> think of this, i will be in zk tk to talk about the issues, we are talking about donald trump suit which has no legal standing. hi knows that. >> even -- >> the suit itself. remember, john mccain, this came up with john mccain when he was running for president. he was born on a base in panama. >> yeah. >> it is different than ted cruz, right? >> no. >> it's a typical donald trump wants everybody to pay attention. cruz will sit there and talk about other things about whether or not he was born legally or not. >> it is brilliant, bob. >> i just thought of that. >> ryan, listen, as kayleigh said it is brilliant because cruz would have to respond and who knows what a judge would rule on it. >> i disagree with kayleigh that donald trump said he wouldn't sue means he won't sue. he has a long track record of changing his mind. who knows if he will do it or not. the closer legal sc

it was written by jeffrey -- the miniseries based on a book written by jeffrey toobin, who you happened to be in school with at harvard at the same time. >> yes. >> did you have a chance to reconnect with him surrounding your work on this miniseries and talking to him about the book? because he, of course, covered the case as a legal analyst for television. give you any more insight into, you know, what was going on with acted out the role yourself? >> he -- you know, jeffrey and i were college classmates together, but he -- the book that he wrote is a page-turner. >> mm-hmm. >> i mean, i would never have believed that. and, actually, i didn't know the book that the series, the miniseries, was based on was his book until i actually was cast in it. i said, "da-da-da-da-da." and he called. and he said, "yes, courtney! i'm so glad we're gonna be working together!" and i went [gasps] "ohh! yes!" >> [ laughs ] >> "yes, that's right! i know!" but i hadn't put two and two together. but then, you know, i started reading it, and i could not put it down. >> yeah. >> i mean, now, you know, it was

let's bring in david gregory of "meet the press" and jeffrey toobin. the idea that the president should not or cannot nominate somebody because he is in the last year of his tenure as president is silly. >> it's just -- that's a political assertion. it has no legal basis >> put up the graph we have for people at home. >> anthony kennedy was conferred in 1988, the last year of president reagan's term. there have been other nominees. but the stakes are enormous and the republican senate doesn't want to give barack obama another seat. it is not about law. it's about politics. >> nice to meet you, by the way, on tv. let me say to you, they are supposed to decide on voting rights, affirmative action, power of labor unions and obama's health care and immigration policies and abortion. >> this is huge. this vacancy is so important. >> it would tip the balance. that makes the stakes even higher. it is true that the supreme court has historically acted with eight justices in the past. when they decide evenly 4-4, the lower court opinion is affirmed but it doesn

and cnn legal analyst jeffrey toobin. it's very hard for the family to lose someone and his colleagues but important also to celebrate the life. professor gardner, you were traveling with justice scalia recently on a trip to asia. talk to me about this friend of yours, and your final memories of him. >> well, we spent two of his last three weeks together in asia and singapore and hong kong. he was a wonderfully companionable friend. he was in his personal life as in his professional life, he was relentlessly logical. he loved is a crsacreak arts ang things through to their logical conclusion. i think he was a cross between sam y sam you'll johnson and socrates. >> wow. makes it a challenge to co-author books with him. jeffrey, let's talk about the impact that this man and this mind had on the court system in america. what will you -- do you think the legal legacy will be of justice scalia? >> well, i think, frankly, that's up for grabs, michaela. depends on who succeeds him at the supreme court. if a democrat succeeds in

our jeffrey toobin explains the process to find his replacement. >> reporter: supreme court justices serve for life, that's why presidents regard these judicial appointments as such an important way to extend their own legacies. ♪ >> reporter: the constitution does not set out a resume that a supreme court justice has to have. there's no requirement in the constitution that a supreme court justice even be a lawyer, but traditionally presidents have nominated impeccably qualified, sitting judges both presidents and senators like to say that the confirmation process is all about qualifications. but it's really also about politics. virtually every important issue in american politics and even american life winds up in front of the supreme court. and they have the last word. both the president and the senators are trying to figure out how the nominee stands on the hot-button issue that the supreme court deals with. that's why the senators will vote yes or no. there is no law that says a president can't nominate someone to the supreme court in his last year in office. the senate, on the

we'll catch up with author and show consultant jeffrey toobin at 9:39. and at 9:19 ...it's the story of a an unlikely friendship

joining us now we have senior legal analyst jeffrey toobin and john yu. jeff, there's this legal component of all of this and then you have the political component. is president obama on firm ground in either respect here? >> well, politically he's got a big problem. you know, this story has just changed politically so much. george w. bush, john mccain, condoleezza rice all wanted to close guantanamo. once president obama decided he wanted to do it he ran into a wall of objections from republicans. there's no sign that's going to change. so he's trying to close guantanamo but certainly doesn't look like he can do it. >> john, what's the legal argument for keeping the gitmo facility open, of course, but also holding people there indefinitely without a trial. you will say they are not u.s. citizens. do they stay there forever? >> there's a constitutional issue and international law. constitutionally i think president obama sane tough spot because congress has forbidden the use of any federal funds to bring anyone from guantanamo bay into the u.s. so preside

jeffrey toobin, senior cnn legal analyst is with us here in new york. before we do anything else, jeffrey, we have a new name to add to the list here. >> jack is lynn nguyen, who is a judge on the court of appeals, former prosecutor in los angeles. fascinating personal story. she and her family were refugees for street is nam after the war. she is someone who would make a great story. >> what is the position from a traditional standpoint. >> it is hard to tell in any sort of detail. she was a democratic appointee. she apparently is a democrat. she has not dealt with a lot of high profile controversial issues or as an appeals court judge. she seems like a lot of these judges, to be a solid democrat, excellent credentials. in terms of her precise political profile, whether a liberal or a moderate democrat, it's hard to say. >> that's why doctor the stories always matter. the first his uponic, sonia sotomayor. the first indian-american to be nominated. paul watford, who would be the third african-american if president obama has not named any. all of those

let's bring in cnn senior legal analyst jeffrey toobin and cnn senior political reporter man ra raju. part of the right of the president to place a nominee and i fully expect and look forward to president barack obama placing forward a nominee. there is the senator showing this consideration. there is the key part. the senate to consider. this is their right, their duty. then you have senator collins. she comes out and talks about it. listen to what she says. >> for my part it is clear that the president can send up a nominee. regardless of where he is, before he leaves office. i believe that we should follow the regular order in this process and give careful consideration to any nominee that the president send to the senate. >> so you have senator collins and senator kirk. republicans coming out. now the question is they are of course right to say this. if they want it to be this way, manu raju. this is about politics. not the law per se. do you think this makes a difference. >> let's look at the republican conference writ large. 54 republican senators. very few moderates. a handful