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As the battle over replacing late Supreme Court Justice Antonin Scalia heats up, lawmakers on both sides of the aisle are being accused of flip-flopping.

Tonight, "The Kelly File" fact-checked Sen. Pat Leahy (D-VT), who apparently has changed his position on when it's appropriate for a president to nominate a new justice.

"The 'Thurmond Rule' - in memory of Strom Thurmond - he put this in when the Republicans were in the minority, which said that in a presidential election year, after spring, no judges would go through except by the consent of both the Republican and Democratic leaders," Leahy said in December 2006. "I want to be bipartisan. We will institute the 'Thurmond Rule,' yes."

Earlier this week, however, Leahy contradicted that statement on CNN's "State of the Union," saying, "Well, there is no such thing as a 'Thurmond Rule.' ... The fact of the matter is, a Supreme Court Justice - let's have a vote. Let's have a debate."

Megyn Kelly said that is "ridiculous," as it appears that Leahy will change his position based on whether the president in office is a Democrat or a Republican.

Get more reaction to the Supreme Court battle from Megyn and Sen. Jeff Sessions (R-AL) in the clip above.

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