tv CBS This Morning CBS February 15, 2016 7:00am-9:01am EST
covered boardwalk there. have a great captioning funded by cbs good morning. it is monday, february 15th, 2016. welcome to "cbs this morning." the supreme court loses a conservative titan. justice antonin scalia's death has a battle over his replacement. >> trudonald trump has a commang lead in north carolina but jeb bush's brother expects to hit the campaign trail today. >> and what we expect to see tonight at the grammy awards. we begin this morning with a look at today's "eye opener." your world in 90 seconds. >> simply, i cannot think what i could do for an encore. i cannot think of any other job that i would find as interesting and as satisfying.
>> remember justice antonin scalia. >> he died of natural causes on saturday. >> his body arrived in virginia late saturday night. if the democrats want to replace the nominee they need to win the election. >> the idea the republicans want to deny the president his basic constitutional right is beyond my com prehengs. >> i am sick and tired of him going after my family. >> an interesting debate for most everyone tos. >> a cold front and add to that a winter storm. >> winter weather and storm warnings posted from parts of arkansas to new england. >> i'm kind of blue at this point. >> pope francis drove into a parade. >> all that. >> and leonardo dicaprio took
home the best actor at the british film awards. >> kobe bryant made his final pappearance at the all-star gam. >> i hope is not to be influential, mr. rose. it is to be faithful to myself and apply the constitution. >> i was never cool. >> were you a bookworm? were you one of those guys? >> i was. >> if we looked at your report card, it would never say you got in trouble? >> absolutely not. be straight a''s. >> really? straight a's the whole time? >> would i lie? if you can't trust me, who can you trust, right? announcer: this portion of "cbs this morning" sponsored by toyota. let's go places. ♪ a wonderful man.
welcome to "cbs this morning." gayle king is off. kristine johnson of our new york station wcbs is replacing her. washington is bracing for a huge fight over scalia's successor. his supreme court colleagues remember scalia as a giant legal titan and a best buddy. >> his death on saturday sparked an architect over the feat in the high court. we begin with jan crawford who is outside the supreme court in washington. >> reporter: good morning. the flags here at the supreme court this morning as you can see are flying at half hand staff for justice scalia. people here at this court just cannot imagine what it's going to be like without him. i mean, he was known for his sharp intellect and his offensive sharp tongue and his sudden death will leave this court split for conservatives and for liberals. justice scalia's views on the constitution influenced a generation. >> i'm a law and order guy.
i mean, i confess. i'm a social conservative but it does not affect my views on on cases. >> reporter: a native of trenton, new jersey, who grew up in queens, new york, scalia served on supreme court nearly 30 years. the current's court longest serving justice. nominated by president reagan he was the first italian-american justice. one month shy of his 80th birthday he died on this trip to a ranch in texas. a county judge declared him dead by natural causes. his family declined to have an autopsy performed. even on the nation's highest court, scalia often dominated oral argues. >> if it's a question of civil rights or civil liberties is what i'm there for. >> paul met with scalia in 1993 and argued 80 cases before hm.
>> him. >> if you were a lawyer arguing in front of him and he thought your argument was hogwash, he would tell you that. >> reporter: despite his conservative views, scalia had deep friendships with liberal justices and notably justice ruth bader ginsburg who shared their interests in opera. she called him a jurist of captivating brilliance and wit with a rare talent to make even the most sober judge laugh. >> i could be charming and combative at the same time. what is contradictory between the two? i love to argue. i've always loved to argue. >> reporter: now one of his most significant decisions was that landmark ruling in the second amendment guarantees an individual right to bear arms. but, you know, he often was in dissent and he always said he hope he wouldn't be known nelson for his majority decisions but for changing the way that we think about the court and the law and interpret the
constitution and, kristine, he certainly did thich sure did. >> in the meantime, president obama is in california to host a summit meeting with asian leaders and that event is being overshadow by justice scalia's death. also the political fight that is sure to come when the president chooses a replacement. >> i plan to fulfill my constitutional responsibilities 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 timely vote. >> margaret brennan is traveling with the president in rancho mirage, california. good morning. >> reporter: good morning. well, white house officials expect a nasty battle with congressional republicans who have already threatened to delay or defeat any nominee that president obama picks. but history could be on the
administration's side here. since 1900, six supreme court justices have been confirmed in presidential election years. that could stir president obama to make a bold choice of a judge who could face a tough confirmation or the president may choose a less controversial sitting appellate judge. some names that fit that bill, chief judge of korpts merrick garland and jane kelly and sri convenient knee vassan who have unanimously passed national confirmations. white house officials say it would be irresponsible to leave this post on the supreme court vacant. you should expect the president to make a decision in the next 30 days possibly as soon as next
week. >> the republicans who want to replace the president say that is the right move. nancy cordes is on capitol hill where democrats are fighting back and supporting the white house. nancy, good morning. >> reporter: good morning. supreme court confirm medications are high drama during the best of times and this is not the best of times. you have a democratic president trying to replace a conservative icon in an election year. even though he has got nearly a year left in his term, republicans argue his time is up. >> i do not believe the president should appointment someo someone. >> it's called delay, delay, delay. >> reporter: the two sides took their battle position within hours of scalia's death. >> barack obama is president of the united states until january 20th, 2017! that is a fact, my friends. whether the republicans like it or not. >> reporter: the senate's republican leader mitch mcconnell said this vacancy should not be fill until we have
a new president and mcconnell gets to control who gets the vote and when. >> nobody should be surprised how i feel. >> reporter: south carolina republican lindsey graham and many others got hinbehind him. >> you're not hedging your bets a republican would come into the office and appoint a new nominee? >> reporter: graham sits on the judiciary committee. >> so is orrin hatch. >> this president will not appoint any one who is dangerous for our country. >> reporter: top democrats calledobstructionism. >> i don't care who we nominate i am going to pose him, that is not going to fly. >> these confirm medications is a blood court. this one is going to be apocalyptic. >> reporter: john kerley. >> the senate is unlikely to
confirm you. you will have dozens of groups who will tear into you to make sure that you are unconfirmable. the odds are that most nominees would come out of this process damaged good, and, likely, not confirmed. >> reporter: he says if the president were replacing a liberal pick, then republicans might let that nominee go through. but in this case, you are talking about a choice that could change the very balance of the supreme court. charlie, there is almost nothing that legislators up here take more seriously than that. >> let's go back to jan crawford who has covered the supreme court for more than 20 years. jan, so what can the president do if the senate republicans are united in saying we are not even going to entertain this idea? >> reporter: very little, charlie. people talk about, well, elections have consequences. here is another example of elections having consequences in that u.s. senate. senate republicans have an enormous amount of power to
block this nomination. actually, not even get it out of the senate judiciary committee. his pulpit is going to be the political one. he is going to be out there with his allies beating the drum. the republicans need to do this but he can't make them. >> jan, i am fascinated how this will affect the sixth big cases that are in the court's docket this term from abortion, contraception, union voting rights and affirmative rights and immigration. what impact does scalia's death have on those? >> reporter: this is a term that is chock full of controversy, as you just pointed out. we expected those cases to be divided along idea logical lines. most of the cases will end up a tie so the lower court decision would stand. that means there is not going to really be a national precedent on all of these issues. they could reargue the cases next year, but maybe not. so it really is unclear what any of those holdings would mean in
some kind of a sweeping sense. >> jan, we did hear from margaret that president obama has a short list to replace justice scalia. any such thing as a noncontroversial nominee at this point? >> reporter: no, no, there is not. that is an easy no. i can't see anyone getting confirmed right now. >> fascinating. thank you, jan. justice scalia was known for his sharp mind and often sharper critique. an example of last year's dissent of holding up obamacare. he said it was jiggery-pokery and called one element of the argument pure applesauce. i asked him in 2008 in my pbs program how his colleagues viewed his style. do they ever come to you and say, yes? >> yes. and if a colleague has any objection to what i've said,
i'll take it out. >> reporter: as a respect for the institutional? >> the colleague, the person, yeah. if somebody come to me and said it's over the top to say this will result in more battlefield deaths, i probably would have taken it. >> reporter: this is a group of people who like, admire, accept the differences and are looking for the common good as they see it. >> i consider every one of them a friend. some closer than others, but which ones -- the closer ones have nothing to do with which ones agree with my philosophy. >> i could have talked to him forever. >> he was such a good man and introduce himself to people as tony. not as justice. he was such a good man and a beautiful wife and nine kids. i think the nicest legacy, too, is how close he was with the other justices. he was on the left but he was best friends with those on the right. >> like opposites attract. >> we will look back at another conversation i had with justice scalia next hour.
also with us in studio 57 is david bowes. plus how scalia put differences aside from the bench. that that is ahead. >> donald trump holds a big lead this morning in south carolina ahead of saturday's critical republican primary. jeb bush hopes to boost his campaign today with a big rally featuring his brother, former president george w. bush. major garrett is in charleston with how the race has taken a new shape from saturday's fiery debate. >> reporter: the timing of president bush's appearance here could not be more timely. why 2018 president bush was
lying about the iraq war and all of those long dormant accusations dredged up this weekend by the current republican front-runner donald trump. >> we would have been so much better off if bush and the rest of them went to the beach and didn't do anything. >> reporter: on "face the nation," donald trump backed away from accusations that george w. bush minute late fears of weapons of mass destruction to invite iraq. >> if you use that as a make up for sins from previous years it's a lie. maybe it's true and maybe it isn't. >> reporter: at a cbs debate on saturday, trump put it this way. >> i want to tell you, they lied. they said there were weapons of mass destruction. there were none. they knew there were none. >> reporter: trump quickly rejected jeb bush's defense of his brother's record. >> while donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe and i'm proud of what he did. >> the world trade center came
down -- >> go after my brother. hold on. >> reporter: in state where the bush name remains popular an anti-trump super pac is using it against him. many who thought rubio won the game. >> the world trade center came down because bill clinton didn't kill osama bin laden when he had the chance to kill him. >> you are a liar. you are probably worse than jesh bu jeb bush. >> donald, adults learn not to interrupt. >> yeah, yeah, right. >> million. >> all right. >> give me a break. >> this is just nuts, okay? geez, oh, man! >> reporter: trump has a big lead here, but it's taking nothing for grant. campaigning here continuously until saturday's primary with multiple events each day.
2:30 press conference here the first since the new hampshire primary. >> thank you, major. good job on saturday as well. "face the nation" host john dickerson served as the moderator for saturday's debate and is in washington. good morning. great job as well on saturday. boy, it was nasty, pretty vicious. i guess the bottom line hoump do how much does this have an impact on the results in south carolina? >> they didn't follow the scalia model of being friends with people with whom you disagree. the debate will probably sharpen, obviously, people's views about the candidates, but i think there's still sometime before that vote for things to settle out differently. i think what came out of the debate is probably that everybody reconfirmed what they already believed, although marco rubio, who had some repair work to do from his last debate performance did well and jeb bush who was hoping to capitalize on the family's relationships in south carolina also seems to have gotten quite
good reviews from his performance. >> what do we expect from president bush? >> rally the family's support in that state. you remember, he beat john mccain there by 12 points after having lost to him by 18 in new hampshire in 2000. there is a lot of history of the bush family there. i think also it is an argument for the standards, the old-fashioned standards of duty and participating in the political process and giving your life to public service, some of which have been supplemented in this debate so far in the presidential process, where outsiders are favorable and anybody who has been in politics is seen as not worthy. >> john, how do you think scalia's death will impact this race? >> well, i think it gives both sides and all of the interest groups. supreme court touches on the hot button issues. it energizes everyone. and when you think about it as a fund-raising mece ining mechani president offers somebody up and there is a debate and the senate
doesn't actually sit on it, every fund-raising group will have a reason to go to their donors your specific issue you care so much about is under threat in fa nominee goes one way or another or gets into the court. everybody on the sidelines, if they weren't already energized, a reason to be now. both in the presidential connect and in terms of who actually replaces scalia. >> thank you, john. court action brings back explosive allegations against superstar quarterback peyton manning how.
announcer: this portion of "cbs this morning" sponsored by cintas, ready for the work day. grammy performances to be powerful and political. ahead how some of music's biggest stars plan to use the stage to share some cultural criticism. >> the news is back this morning right here on "cbs this morning."
here's what we were thinking. what if we did for mortgages what the internet did for buying music and plane tickets and shoes? you would turn an intimidating process into an easy one. you could get a mortgage on your phone. and if it could be that easy, wouldn't more people buy homes? and wouldn't those buyers need to fill their homes with lamps and blenders and sectional couches
with hand-lathed wooden legs? and wouldn't that mean all sorts of wooden leg-making opportunities for wooden leg makers? and wouldn't those new leg makers own phones from which they could quickly and easily secure mortgages of their own, further stoking demand for necessary household goods as our tidal wave of ownership floods the country with new homeowners, who now must own other things and isn't that the power of america itself now shrunk to fit the hands of a child, or, more helpfully, a home-buying adult. anyway. that's what we were thinking. ♪ while you enjoy lifehier, and lose weight? now you can do it all with one simple plan. the all-new smartpoints from weight watchers. our most advanced plan ever. join for free and lose ten pounds on us. hurry offer ends february 15th.
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from the cbs broadcast center in philadelphia. this is cbs-3 "eyewitness news". good morning, i'm erika von tiehl. we want to check in with katie. i know we have this big wintery mix arriving soon, flight. >> exactly, starts off with snow, then mixing and changes over to rain, there will be icing issues along the way, lots to discuss, let's get to it. storm scan3 at the moment, simply showing snowfall primarily through the delmarva peninsula, southern new jersey, not everyone seeing the snow yet. you will. it comes through intermittently as light fluffy variety, so specking about one to 3 inches, generally speaking, little more, little less, depending on location, later today, and into tonight, especially, that turns over to wintery mix of some sleet, freezing rain then eventually straight up rain for everyone, but that in turn leads to flooding threat tomorrow. so, it is a true mixed bag,
meisha, a but storm with a lot of just impact that we will have through many commutes coming up here. >> yes, being it is a holiday, kids off school and we're expecting some snow, this is a good recipe to keep people at home and it sure is being the case today, the schuylkill eastbound, city avenue, you can see, not nearly as busy what we normally see at this time in the hour. we've been seeing that in all of the cameras even interstate 95, blue route at route one looking good, everyone traveling at posted speeds, we go to the wide, 49 on the schuylkill, 55, on 95, and 55 on the blue route. not bad, erika, over to you. >> meisha, thank you. next update at clock 55, and ahead on cbs this morning, more on the pope's had i tore i can visit to cuba. i'm erika von tiehl. good morning.
. >> bernie is an outsider who has only been in congress for, like, 30 years! ♪ i can't make you love me if you don't ♪ i can't make your heart ♪ >> like her. ♪ here in the dark in these final hours i will lay down my heart ♪ ♪ and i feel the power >> oh, boy. hey, guess what. i'm not even playing this thing! ♪ i can't let you love me if you don't ♪ >> that is kate mckinnan on
"saturday night live." "snl" strikes again there. they are very good. welcome back to "cbs this morning." this half hour, a crude moment from peyton manning's past is back in the spotlight. newly released documents unveil details about a sexual assault about 20 years ago. ahead why the quarterback once described the event as harmless. dealers of death. we are in mexico with the pope's tough words on drug cartels in a place that sees some of that country's worse violence. time to show you some of the morning's headlines from around the globe. investigation by "usa today" network finds big problems with tracking features who have histories of serious misconduct. some states fail to report troubled teachers to the only database. at least 9,000 names are missing and state systems to check backgrounds of teachers are filled in inconsistencies. much more of this tomorrow on
"cbs this morning." a co-pilot felt unwell on a virgin airlines flight. >> the laser was apparently pointed at the cockpit last night after the plane took off on new york. all returned safely. police are trying to find the source of the beam. >> that can sometimes cause temporarily blindness for the pilots. not a joking matter. the baltimore sun reports that missing batteries are partly to blame for a run-away blimp that broke loose last october in maryland.
pentagon investigators found someone neglected to put batteries in the automatic deflation device. oops. the blimp knocked out power to 35,000 people. the los angeles reports on falling car rental rates. the average daily ralts te lastr was 38.88 per day and down since 2011. one big reason? competition from ride sharing services such as uber. the "new york post" reports on walmart and toys "r" us expanding sales hoverboards. toys "r" us calls hoverboards an exciting trend and only spell the devices by a reputable manufacturer. in new york "daily news" details a 1996 incident
involving mm peyton manning and female athletic trainer. he was then a star for the university of tennessee as their star quarterback. >> reporter: 39-year-old peyton manning captured his second super bowl victory just last week. an impressive feat which many believe could be the end of a hall of fame career but what he is accused of doing 20 years ago as a 19-year-old that has everyone talking today. six former students filed a federal lawsuit against the university of tennessee last week, according to the tennesseean newspaper claiming the athletic department has long condoned a hostile sexual environment. the lawsuit filed under title ix references one allegations involving peyton manning during his time as a star quarterback at tennessee. this weekend the new york "daily news" reported on legal documents they obtained originally from 2003 which detail an incident in 1996 which manning was a sophomore at
tennessee. the 19-year-old quarterback was being evaluated whenmanning placed his exposed genitals on her head. manning says he was mooning another athlete in the moon and naughtright settled out of court which reportedly included a mutual nondisclosure agreement with manning and she resigned from her job at university of texas. >> manning was the first pick in the 1998 nfl draft. he co-authored a book in which he described the 1996 mooning incident as crude by harmless and described the female trainer as having a vulgar mouth. naughtright sued again and settled out of court in 2003. the documents that surfaced over the weekend were originally filed in 2003 as part of
naughtright's lawyers. a court documents were never widely released although "usa today" reported on their content. despite the 39-year-old super bowl win last weekend, his clean image has been under the microscope. the nfl is investigating a december report from al jazeera america in which manning is accused of involvement of a performance enhancing growth, a human growth hormone. >> i understand when allegation is made that the nfl has no choice but to investigate it. i get that. but i can tell you what they are going to find -- a big fat nothing. >> reporter: "cbs this morning" reached out to peyton manning and his family, the university of of tennessee as well as the athletic trainer who made the original allegations but, so far, no one has responded to our requests. >> thank you, dana. propose francis travels from mexico city to southern mexico where he'll deliver mass at a soccer stadium. on sunday he met a huge number
of people in a city rocked by drug violence. he asked the kids to pray for their caregivers. manuel bojorquez is in mexico. >> reporter: good morning. a busy weekend for the pontiff. he scolded mexico's political and ritual elite. and prayed on sunday. on sunday he immersed himself in the mexico people and held mass in a crime ridden city. before a sea of believers on sunday, pope francis looked right at home. >> just to see him, we are more than happy. >> reporter: the 79-year-old pontiff stayed true to himself, again, criticizing his host country. he condemned a society of the few and for the few and offered up words for the drug cartels and labeling them as dealers of
death. departing from his prepared remarks, the pope urged the crowd not to be seduced by the drug trade warning them not to negotiate with the devil because he always win. approximately 100,000 mexicans have decide over the last decade because of the drug ward. in this mexico city suburb of 1.6 million, extortion and a drug island especially against women are a daily part of life. 10,000 on mexican authorities were on hand sunday protecting the pope and the people. >> we came in groups. we are taking care of each other. >> reporter: the faithful happily slept outside in the cold and endured the thick air pollution to a chance to see their pope. at least 30000,000 followers attended the mass and hundred thousands more lined the street as the popemobile passed. to be in front of the pope, even for just a few moments, is a
tremendous experience this man said. it's very moving to see him. the pope will travel south today where he is expected to deliver strong words on immigration. it is mexico's poorest state and point of entry for many migrants making their way to the u.s. >> manuel bojorquez thank you, in mexico city. ahead the live performances at tonight's grammy awards will carry extra meaning. that is next. if you're heading out the door you can watch us live through the cbs all-access app on your digital device. don't miss the first look at the new yorker investigation into tmz. we will be right back. i'm phil mickelson, pro golfer. my psoriatic arthritis caused joint pain. just like my moderate to severe rheumatoid arthritis. and i was worried about joint damage.
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some artists promise to follow in the steps of beyonce's political super bowl performance and plan to use the grammys to make a statement. anthony mason is inside staples center in los angeles with what could unfold on stage. good morning. >> reporter: good morning. grammy host ll cool jay say we should expect at least one controversial performance tonight from rapper kendrick lamar but it won't just be hip-hop artists using the staples center stage for commentary. from pop to hip-hop. ♪ >> reporter: country, to rock. and boundary pushing r&b. it represents the past year in music. >> this is just part of the journey of our country.% >> reporter: with the oscars under fire for a second year in
a row over the lack of minority nominees, the grammys offer a contrast, promising to offer a wide range of voices and political messages. ♪ >> reporter: one of those moments will come from kendrick lamar, who is the night's most nominated artists with 11 nods. his breakout single "all right" has become the anthem of the black lives matter. ♪ ♪ i've got a girl >> reporter: the country group little big town also plans to make a statement with their performance of the song of the year nominee "girl crush." >> our performance, we are doing a girl crush in a grammy show is also going to show that we all come in different shapes, sizes, and colors and they are all beautiful. >> i think artists are just trying to make black what is going on in the world. ♪ when it's all said and done >> reporter: the grammys have a
history of tackling social issues from civil rights so same-sex marriage. tobt tonig tonight, music's biggest night will continue in that tradition. >> music unlocks the door to the nomination. it makes them realize how much we have in common, even though they may appear to be very different. >> reporter: two years ago, kendrick lamar had seven nominations here, but went home empty-handed. if he wins album of the year this time, he'll be just the second hip-hop artist ever to take home the big prize. the only other? outkast in 2004. next hour, we will give you a behind the scenes look at the preparations for the show. >> i'd love to see that. lamar the odds on favorite in
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it's a really big deal. and with fever, aches, and chills, mom knows it needs a big solution: an antiviral. don't kid around with the flu, call your doctor within the first 48 hours of symptoms and ask about prescription tamiflu. attack the flu virus at its source with tamiflu, an antiviral that helps stop it from spreading in the body. tamiflu in liquid form is fda approved to treat the flu in people two weeks of age and older whose flu symptoms started within the last two days.
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three hours. a mechanical issue the crusade was to blame and no one was hurt. justice antonin scalia could be tough on the best lawyers. david boies went up against him five times including bush v gore. we will talk to him ahead on "cbs this morning." i don't want to live with the uncertainties of hep c. or wonder whether i should seek treatment. i am ready. because today there's harvoni. a revolutionary treatment for the most common type of chronic hepatitis c. harvoni is proven to cure up to 99% of patients who've had no prior treatment. it's the one and only cure that's
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from the cbs broadcast center in philadelphia. this is cbs-3 "eyewitness news". good morning, i'm erika von tiehl. we want to head right over to kate. is this system now affecting us? >> depending on location, haven't seen much yet. the further south you reside, further south you travel yep, running into mom out there. actually have at least a dusting it not inch or two already falling across southern delaware, here, but, this is all going to be lifting north with time. if you haven't seen any snowflakes yet, give it time, the forecast today, is as such, region by region we go around the evening front north to south, philadelphia and the suburbs you are talking about initially light, fluffy snow will likely pick up one to 3 inches along the city along i95, then turns over wintery mix of sleet, freezing rain, before eventually all rain, that is the story tomorrow. rain, specifically it, will come down heavily at times,
but temperatures spike, as the storm pushes through, all the way to the 50's tomorrow. meisha? >> the good news, i will say, katie, is still light right now. a lot of people staying home today evidently, can't blame them. police activity here, 59 south near columbus boulevard. you can see the flashing lights, not slowing anyone down, take a look at 422 taillights eastbound direction at valley forge, it is just, i mean, just beautiful, but i got to say, slow moving, it is not. look at the wide, 55 and 95, 48 on the vine, 55 on the schuylkill right now enjoy that, erika, back to you. >> if you have to go to work at least you have easy commute. next update 8: 25, coming up on cbs this morning, anthony mason on music's biggest night. liviis a game of chance.aine
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♪ it is monday, february 15th, 2016. welcome back to "cbs this morning." more real news ahead, including the legacy of justice scalia and the fight over replacing him. attorney david boies who knew him well is in studio 57. first, here's a look at today's "eye opener" at 8:00. people here just cannot imagine what it's going to be like without him. his sudden death is going to leave this court split. >> congressional republicans have already threatened to delay or defeat any nominee. >> supreme court confirmations are high drama during the best of times and this is not the best of times. this republican presidential primary starting to sound like the democratic primary. not the current one.
but the one conducted back in 2008. >> john, what do we expect from the visit from the former president bush? >> rally the family's support in that state. >> peyton manning captured his second super bowl last week. but what he is accused of doing 20 years ago that has everyone talking today. >> grammy host ll cool jay said we should expect a performance tonight from kendrick lamar. >> in the mind of justice scalia, what is in your mind? >> i like to argue and one reason i like the law, i think. i like to figure out where the truth lies between two -- two different assertions. i don't know. it's who i am. announcer: this portion of "cbs this morning" sponsored by nationwide insurance. ♪ i'm charlie rose with norah o'donnell and kristine johnson
of wcbs in new york. gayle is off. the next time supreme court meets, one chair will be draped in black. the united states flag is at half-staff this morning after the sudden death of justice antonin scalia. he was the court's conservative anchor and the current bench's longest serving member. president ronald reagan nominated him in 1986 after chief justice warren berger retired. >> justice scalia's death leaved the court with four liberals and four conservatives. senate majority leader mcconnell and other republicans are vowing to block any nominee from president obama. jan crawford is outside with more. >> reporter: when you talk about political fights, i think the battle to replace justice scalia, i hate to throw unprecedented around but here, it's appropriate. this is going to be unprecedented. justice scalia's conservative voice really influenced a generation.
he changed the way people talk about and interpret the constitution. i think one of his most significant decisions was that second amendment case that said an individual has the right in the constitution to bear arms. president obama is expected to announce the replacement or replace justice scalia the next couple of weeks. then it's up to the senate judiciary committee are signaling they are going to move to block any nominee. now, in modern history, the senate has never filled a vacancy that occurred as with this one did in an election year. 1968 when chief justice orrin announced he was retiring they blocked lyndon johnson' choice to replace him. i think you'll see republicans point to that as they stand firm to block this nominee. >> fascinating.
>> david boies has argued % several major cases before justice scalia and supreme court. he fought against proposition 8 and california's attempt to ban same-sex marriage. he also represented vice president al gore during the 2008 election recount. pleased to have you in the studio. >> good to be here. >> reporter: what is it like? you stand up there at the podium and there are nine justices. how was he and how was he different? >> well, he was very articulate. and he asked a lot of really good questions. now, a lot of justices on the court that ask good questions but he was particularly nice. he had a good time doing it. his questions were lace inside humor. he liked to argue. and he liked to engage in an intellectual back and forth. and as i was usually, when i was arguing in front of the court, i was usually on a side that was not his natural side.
i felt an engagement there that was -- >> you heard jan say this is going to be an unprecedented fight to replace him. how does this affect this year's docket? >> well, for any of the decisions, it would have been 5-4 with him in the majority and a lot of decisions like that in important cases. that will be a divided court, which means that the court of appeals decision will stand. so the court of appeals decision will now probably stand in those kind of cases. now lots of cases in supreme court are decided 9-0, but really important high profile cases involving social constitution issues are often 5-4 nowadays. >> but the chief justice john roberts does have the authority to say, let's go ahead and rehear this next term, right? >> yes. and they may do that and may very well do that with some of the key cases. >> do you expect he'll wait to see what happens in terms of this fight on capitol hill, what
the president does? >> he may but no matter what the president does, that process is probably going to take months. not going to be over in days or oven a few weeks. the court session will be over in june. even if they get a new justice on in april or may, which would probably be pretty quick, you're not going to have time. >> even if the president makes an appointment and the senate leader mitchell mcconnell says we are going to hear it, does the president have any option? >> not really. you need senate confirmation and i think that the -- i would hope they would not. remember, justice scalia himself -- >> they say they will. >> they say they will will you justice scalia was confirmed unanimously by republicans and democrats. they knew he was very conservative. but they believed that the president had a right to appoint somebody who he wanted as long as he is qualified.
>> i keep thinking this fight is going to focus attention on supreme court and the current cases that are before the supreme court which affect everyone's lives. we are cases on affirmative action and contraception and obamacare. voting rights. unions. there are some really big cases before the court this year. >> there are. this event is going to place the supreme court at the heart of the presidential election. >> how will it play itself out? >> i think both the republicans and democrats, i think, will be focused much more than they usually are on the power of the president to appoint a supreme court justice. that in many respects is the most enduring legacy that they have. too often in political races, that gets ignored. i think this is going to be front and center. >> if obama gets to make the appointment, that will be his third choice. >> yes. the next president, whoever that president is going to be, is likely to have another couple of
choices. >> because justices at 70 and 80. >> yes. >> scalia once said that you can't agree ardently with your colleagues about some issues of law and yet personally still be friends, get another job. he was friends with justice ginsburg. you knew him a long time. he want afraid of disagreement? >> no, he enjoyed it. he would hold passion to it but even if he thought your views were wrong and maybe totally indefensible. he never objected to you having those views. in fact, he liked people who with different point of views and i think he liked teaching law for that reason. >> in fact, he did. he went in private practice with jones day and then decided he wanted to teach so he then went to -- >> yeah. i think being on the bench is the only thing that would have kept him from teaching. he liked that intellectual back and forth and he liked that argument. he enjoyed it. >> he was towering in terms of
intellect and what he meant to the court while he was there. >> this was a brilliant justice. he was a brilliant, passionate, effective advocate for his vision of what constitution ought to be and our society. >> realism and strict instruction and all that. >> i don't know about the strict instruction. i think that depends on how you interpret that. certainly, originalism was something that he was a strong advocate for. >> the strongest advocate? >> i think. he brought the court along to a large extent on it. >> david boies, thanks so much. great talking to you. >> great talking to you. >> the cbs news gop debate on saturday began with a moment of silence for justice scalia. all six republicans agreed the next president should pick scalia's successor but that is where their argument ended. >> the next president is going to appoint three to four supreme court justices. if donald trump is president he will appoint a liberal.
>> tes cruz wanted john roberts to be in the united states supreme court. e twice approved obamacare. >> i supported john roberts. >> you pushed him and you worked with him. why do you lie? >> donald, learn not to interrupt. >> why do you -- >> you pushed him. >> dont, do not interrupt. >> he is so weak on illegal immigration, it's laughable and everybody knows it. >> this is the standard operating procedure to disparagraph me? that is fine. >> spend a little money on the commercials. >> if you want to talk about weakness, you want to talk about weakness, it's weak to disparagraph women and hispanics. >> marco went on uni vision. i promised to resend every single illegal executive action including that one. >> first of all, i don't know how he knows what i said because
he doesn't speak spanish. second of all -- [ speaking in foreign language ] get it! >> look. . this is a disturbing pattern now. a number of weeks ted cruz is telling lies. he lied about ben carson. >> that is where their agreement ended, i should have say. south carolina voters make their choice saturday in the state's first primary. how far does tme and news site go to land its bigg
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anthony mason got a behind the scenes preview for us and he's inside staples center in los angeles what is guaranteed to be an emotional night. anthony, good morning again. >> reporter: good morning, kristine. taylor swift and kendrick lamar and the weekend lead the nominations but the grammy is about the performances and here is a taste of what you expect on music's biggest night. >> i'm officially opening up the grammy and we are never getting back together. >> reporter: for the second time in four years. ♪ ♪ getting back together >> reporter: industry juggernaut taylor swift will kick off the grammy awards. ♪ >> reporter: she is nominated for seven grammys for her blockbuster album "1989." ♪ >> reporter: rapper kendrick lamar is also performing. leads the field with 11 nominations and one shy of
michael jackson's single night record. swift and lamar, who teamed up on "bad blood" will be competing for some of the most coveted awards of the night, including album and song of the year. one noticeable omission from this year's nominations is adele. ♪ >> reporter: but it's only because her mega hit album "25" missed the grammy cutoff for 2016 and her performance tonight is one of the most anticipated. >> i'm looking forward to saying hi to adele and say hello. ♪ >> reporter: tonight's performers spent the weekend rehearsing, including alabama grammy newcomers both nominated for best new artist. ♪ >> grammy match. my manager. losing our mind. label found out, yeah, you see
about the other two? two more? 2015 was great. yeah, strong. >> reporter: tough to top that one. >> definitely. but i'm going to try. yeah. >> reporter: bay is also up against pop star meghan trainer and sam montgomery will be singing with fellow nominee carrie underwood. >> i'm following carrie's lead. she has been here several times and this is my first. >> reporter: ll cool jay is back for the fifth straight year. >> it's about every huge act of music, everybody from taylor swift, rihanna to adele and justin bieber and so many others. john legend doing tribute to lionel richie. an amazing night in terms of talent, you know? >> reporter: there will be several musical tributes. david bowie will be honored by lady gaga and glenn frey being
honored by jackson browne. this picture turned up in a seat in the front row of seats and there has been a lot of buzz about that! >> always buzz about beyonce. >> anthony, can i say where is your leather jacket? >> reporter: ha ha! no end of grief from you, miss o'donnell! >> i want to see it tomorrow because you now i think you look good in that jacket. >> me and beyonce will be hanging out here. >> you can watch the 58th annual grammy awards tonight live at 8:00/7:00 central right here on cbs. i'm looking forward to lady gaga's tribute to david bowie. a fast moving dog was lock and loaded for competition at the nation's most prestigious dog show. ahead, how an australia shepherd nicknamed holy moly guacamole! dominated an obstacle course in a run for victory. >> oh, my gosh! that is great!
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this is cbs-3 "eyewitness news". >> good morning, i'm erika von tiehl. the red cross is taking care of more than dozen people after a fire in norristown. firefighters had their hands full with that fire and also ice. the fire broke out just after 11:30 last night on the 1200 block of powell street. two people were able to get out of the home onto second floor roof, where they were rescued. one firefighter suffered minor injury, and the cause is still under investigation. right now we get over to katie, lots to talk about with this winter storm, katy? >> absolutely, yes. we call it winter storm, actually seeing a lot of different precipitation types with this, pretty much everything mother nature could throw at us, essentially coming through here with the system. we had wintery precipitation at least at the onset here, light fluffy snow, coming through relatively light to
moderately, in terms of its intensity across the delmarva peninsula, southern tip of cape may countly lift north with time. and through the course of the day, so does mild air. so, eventually, you will see this turn over to some sleet, perhaps freezing rain, and by the evening commute we could have some slick travel out there. it does turn to all rain for everyone, even the poconos, as we move forward, because notice what happens, temperatures actually go on serious surge tomorrow, low 50's, the expectation, but, with the heavy rain, then you also have some flooding issues, meantime, meisha, a quick light and fluffy one to 3 inches of snow then we continue the transition. >> thanks so much, katie. good morning, everyone, we do have water main break here in plymouth township richardson street blocked between chestnut street and logs street. make note that far if you are in and around the area. water main break on cold day, sure to make some slippery conditions no doubt. center city wall net street block for utility work between 21st and 22nd, again, you will have to use another alternate, sam some or spruce is the next
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got to get a shot off. he drives it. the whistle! he banks it any at the buzzer! >> a last-second stunner at my alma mater in durham. duke's great finale. duck propel the unranked duke blue devils over seventh ranked virginia. it was a true last-ditch effort saturday afternoon. duke had six seconds to get the shot off and second skef game duke has ranked off a ranked opponent and duke beat virginia and a great win to celebrate coach k's birthday. >> nothing like a victory for your birthday. >> good for us! we have been discounted this year but we are coming back. >> good to hear it. welcome back. coming in this half hour,
antonin scalia on picking a supreme court justice. scalia reflects on his legacy and the importance of what he said was making enemies. plus, how tmz conquered hollywood. first on "cbs this morning," the writer behind a new yorker magazine investigation to find out about the people leaking celebrity secrets. that is ahead time to show you some of the morning's headlines from around the globe. britain's paper reports on the movie the revenant dominanting last nice's british film awards. dicaprio won for best actor and the movie won best film and best director. in honor of valentine's day, a fun kiss cam happening there for bafta. look at the locked lips!
pg-13 there, i think. "variety" is reporting on "deadpool." box office reached $135 million, the most ever for an r-rated film. hollywood insiders thought it was a risky project and 20th century fox made $58 million and therapy celebrating today. "the new york times" details how ibm picked a voice for watson, the company's artificial intelligence program. they looked for a voice that people might like and they created several voices responding to questions on the game show "jeopardy." and considered one that sounded child-like. watson's voice was rejected because it sounded creepy there. here is another option. they decided watson's finalist c was better for automated help
desk and consumer applications. ultimately they chose watson finalist a. that voice sounded objective and natural. >> definitely better than the first one! the first one was creepy. britain's "guardian" reports on a remote canada's town quest to attract a hairdresser. normal wells is a city where temperatures can drop to 58 degree. most of norman wells residents are cutting their own hair for two years because the nearest hairdresser was 78 minutes away by car but with temperatures that cold, who wants to live there? "usa today" reports how a utah boy bought a flower for all girls in his class. it cost him 458 dollars and he
worked a year and a half to pay for them. his mother said he wanted every girl to feel special on valentine's day. in the story they said only some girls got flowers and he felt bad for the girls that didn't get flowers so he decided to get everybody flowers. >> how many young women fell in love with him? >> about every single one of them. more on the words of justice antonin scalia. he was one of the most conservatives in supreme court history. his view of the law sometimes put him outside the mainstream. in 2012 on my pbs program, scalia talked about his opponent, his judicial approach, and his legacy. have you had the impact that you believe you would like to have? the answer has to be no. >> well, it depends on what you mean by "the impact." >> reporter: the impact is you'd like everybody to see it your way. >> yeah, but that doesn't happen. look. when i came on the court, where it was, scalia will be a consensus. >> reporter: exactly. >> because i'm such a charming
fellow. >> reporter: is that what they said? sno. >> they didn't say the charming part but they did expect me -- >> reporter: a consendus guy? >> a consensus builder. i can't be a consensus builder. >> because? >> because i can't trade. you see, bill brennan, who was an evolutionist, right? he could deal. he could deal. his colleague, i want to change the constitution this far and got caught, geez, bill, can't go that far. well, what about this far? he can deal! now, i can't deal. if i'm -- if i'm doing it, what can i say, you know? >> reporter: i'll give you a little here. >> halfway between what it means and what you like it to mean is the deal i'll give you. >> reporter: yes. >> you can't do it. >> reporter: does supreme court, does it read the paper? does it understand the political
dynamic of the moment? >> i don't know. you would have to ask each of them. i think so. >> reporter: does it affect you? >> i hope not. >> reporter: but is it possible that you don't? >> no. i wouldn't be as unpopular a person as i am if i let it affect me! >> reporter: you think you're unpopular because of protests here and there? >> yeah. >> reporter: you have friends all across all aisles. you and ruth bader are great friends and people say nice things about you but you are the guy they look and say he wants to stand in the way! >> that's right. >> reporter: he wants to be the forward march of history. >> right. >> reporter: and justice. >> i think -- >> reporter: that's the way they see you? >> yeah. i think it's simply because of the inconsistency of my -- >> reporter: do you take some pride in that, though? i bet you do. >> a man who has made no enemies
is probably not a very good man. >> reporter: i'm interested in the mind of justice scalia and how it got there, because i've talked to four of your interns. you know what they said about you? they said he wants us to challenge him. that's what he likes. he likes the idea of conflict of ideas. >> i do. that's very true. >> reporter: where did that come from? >> i like to argue. it's one reason i like the law, i think. i like to figure out where the truth lies between two -- two different assertions. i don't know. it's who i am. >> reporter: you love language, don't you? >> i do love language. and for that background, you know, i am a snoot. it stands for syntax nerds of
our time and it refers to people who get upset when they hear infer used to mean imply, or when they hear -- i commented recently on -- >> reporter: you hate bad grammar? >> oh, gosh. i was on an airline recently and i commented on this. over the p.a. system -- and this is rev vettiveted into people's hundreds thousand times by someone hired to communicate. the rules of the faa require that your baggage is under the seat. >> is under the seat. >> is under the seat! aarrgghh! it tears me up! >> reporter: what should be the questions about an appointee, a nominee? >> the question? that is the question. much i dislike the spectacle of confirmation hearings now, i prefer them to the alternative. as long as the court is revising the constitution, by god, the
people ought to have some say and they ought to be able to ask the nominee, you know, what kind of a constitutional are you going to give us? that is the most important question. why shouldn't they be able to ask that? >> a great american. i loved him. >> yeah, what a great interview. >> thank you. he is so alive! he cared about language, he cared about history, he cared about intellectual battles. >> and he didn't shy away from conflict. he embraced it. >> you love people who share their opinions and go directly to it and don't try to edit themselves. >> you know what i loved about it? to see him out of his robe and talking. so much of what we see of these justices, it's so formal and so nice to see him in that kind of context. >> coming up, does the entertainment news site tmz cross the line to get the scoop on the stars? nicholas
antiis a mitedic comments. in 2013 donald sterling's racial comments and then in 2014 ray rice hitting his fiancee and then new yorker article is called "the digital dirt" how tmz gets the photos and stories that everybody wants. nichol nicholas schmidle is. >> to the extent they have transformed los angeles into a city of pigeons. they have people in the airports and they have people at the valets and restaurants. everyone is picking up the phone at the site of a celebrity in l.a. and there is no shortage of, and calling tmz all the time and they are constantly collecting information and only a fraction of which appears on
the website. that information is used -- it makes the individual who runs tmz, harvey levin sitting on a wealth of knowledge. >> you are full-time reporters and you have freelance contributors who are, you know, there is one who said he makes over $30,000 a year contributing stories to tmz. then one step further are people. >> what is the good and bad of tmz? >> i think the good they have transformed celebrity news. no longer are celebrities able to say that story is not true, that is second-hand and dismiss it. think about the ray rice video. when the first video goes up and shows ray rice dragging his fiancee out of the elevator, they can say we don't know what happened inside the elevator. the second video comes up and shows ray rice punch is his
fiancee and suddenly, it's unimpeachable and they have changed the rules of the game. >> you say it shook the sportswriters said it shook nfl to its foundation. they had a real impact. but they operate by a far different set of rules than traditional news organizations like cbs news. they pay their sources tens of thousands to hundreds of thousands of dollars. >> they do pay a lot of money, for sure. they -- what they have also done is if you go to the cbs website and "the new york times" and new yorker even you go to the top of the website, it's not clear if someone picks up the phone how to get an event. think about the story -- think about edward snowden trying to find a place to put the stories. tmz you go to website and say this is the phone number and e-mail and where you call. the reputation is built up and people call and know they are going to get paid. >> we want to note we did reach out to tmz and they have not yet
gon gotten a response. you talk about mr. levin teaches his employees tactics to get these sources to cooperate and get the information. some of these employees, you spoke off the record. how do you know their word is true? >> yeah, sure. there -- so look. this is -- entertain celebrity news is not what i normally do. this is brought -- the story -- we can see the story, it was kind of a challenge. how do you source up and investigate an organization as you would national security story or international criminal syndicate? and not comparing them to either. but it's just how do you source yourself up. you begin corroborating and corroborating and i spoke to well over a hundred people for the publication of this story. when you hear the same story told multiple ways from multiple people you think what is the common denominator there and what is the common denominator? at some point in the reporting,
a large number of e-mails were leaked to us. and these e-mails showed how tips come in and how things operate and you could then get a sense of the cadence of how stories come to be. then when you're hearing stories from aanonymous sources. >> if the sources get paid or giving information to tmz, can someone pay tmz to not publish something? why wouldn't that same scenario exist? >> right. >> if the currency is money? >> right. so as i said a minute ago, a lot of stories come into tmz has are not published. as to why those stories are not published is difficult to know. one story we describe in the magazine which a video of justin bieber came into tmz in 2011 and harvey levin decided after the entire newsroom was waiting for this video to go up. the neck morning the video did not go up. according to people who were familiar or close to the conversation, harvey levin
decided on his own he did not want to ruin justin bieber's life and the video did not go up. over the course of the coming months and weeks, tmz posted a number of exclusives that justin bieber is saying i'm getting my haircut or doing this with my girlfriend. >> harvey levin says in 2010 he struggles every day with privacy when is going too far. >> totally. and so after more than a year of working on the story on and off, you know, i don't know where those lines are. i couldn't tell. sometimes we publish certain e-mails or publish or leaking certain documents but they had no problem publishing it other times and you see they passed them up. the one point i want to come back to -- >> i have as to stop you. you're w
i get out of work and i go to the store, and somebody's, smellin' around, "mmm! i smell cookies." i say, "oh no, you just smell me. i just got out of work. that's honey bunches of oats, that's all." i say "don't eat me now." i've been blind since birth. i go through periods where it's hard to sleep at night, and stay awake during the day. learn about non-24 by calling 844-844-2424. or visit my24info.com. great to have you. >> thank you. >> that does it for us.
this is cbs-3 "eyewitness news". good morning, i'm erika von tiehl. students at ur-signs us are back in class today after the school was shut down for couple of days last week, because of stomach illness outbreak. roughly 200 students have recently reported symptoms since late last tuesday. it is not clear what made those students sick, but crews did clean and disinfect the school. now ur-sinus providing students video advice wits doctors at jefferson university hospital. want to check in with katie right now because your holiday, the president's day, storm, it is arriving, right, katy? >> it is, in fact, already finding little hint of accumulation specially through the southern most counties of delaware, but right now as we take a look at just snapshot view of storm scan3, that snow primarily confined through
delaware, cape may counties here, all set to lift north with time, and we do have some snow covered beaches right now, outside we go, to beach patrol headquarters where you have at least dusting there, actually already heard reports of sussex county delaware at least 2 inches so far. this is our expectations, when it comes to snowfall around the city, one-3 inches of light, flurry snow eventually you might over achieve a bit the further north go simply because more cold air to work with before the temperatures start to spike. look at this, tomorrow, 52 degrees, so eventually, as early as this evening, snow will turn over to some sleet, perhaps freezing rain, and then it does eventually turn over to plane rain for everyone, and it lingers with us, through the day tomorrow. so, flooding then becomes an issue, front loaded forecast for sure shall meisha a. >> mother nature might not be too nice, but president ' day sure has helped, if i can tell you what, look at the roadways >> looking at the same dime
>> first thing i see is a butcher knife in his hand. >> trapped with no one to hear her scream. >> i was a goner. >> chloe's backlash getting tested for a fatal disease. plus gene simmons health scare. grammy award story that will have you in tears. fatal health risk facing more traveler's today on an all new "the doctors." [ cheers and applause ] >> hello, everyone. we have an exciting show today. i am joined by some of our good friends. welcome surgical breast specialist dr. cristy funk, veterinarian dr. courtney campbell. that is not all. actress best known for her