Transcripts For WSPA CBS This Morning 20160215

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. Im kind of blue at this point. Pope francis drove into a parade. All that. And leonardo dahicaprio took home the best actor at the british film awards. Kobe bryant made his final pappearance at the allstar game. 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 as. Really . Straight as the whole time . Would i lie . If you cant trust me, who can you trust, right . Announcer this portion of cbs this morning sponsored by toyota. Lets 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 scalias successor. His Supreme Court colleagues remember scalia as a giant legal titan and a best buddy. An architect over the feat in the high court. We begin with jan crawford who 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 its 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 scalias views on the constitution influenced a generation. Im a law and order guy. I mean, i confess. Im 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 currents court longest serving justice. Nominated by president reagan he was the first italianamerican justice. 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 nations highest court, scalia often dominated oral argues. If its a question of civil rights or Civil Liberties is what im 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. 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. Ive 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 wouldnt 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 thichlt 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 Scalias death. Also the political fight that is sure to come when the president chooses a replacement. 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 administrations side here. Since 1900, six Supreme Court justices have been confirmed in president ial 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 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 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. Year left in his term, republicans argue his time is up. I do not believe the president should appointment someone someone. Its called delay, delay, delay. Reporter the two sides took their battle position within hours of scalias 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 senates 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 hinedbehind him. Youre not hedging your bets a republican would come into the 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 dont 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 could change the very balance of the Supreme Court. Charlie, there is almost nothing that legislators up here take more seriously than that. Lets 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 cant make them. Jan, i am fascinated how this will affect the sixth big cases that are in the courts docket this term from abortion, contraception, union voting and immigration. What impact does scalias 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 cant see anyone getting confirmed right now. Fascinating. Thank you, jan. His sharp mind and often sharper critique. An example of last years dissent of holding up obamacare. He said it was jiggerypokery 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 ive said, ill take it out. Reporter as a respect for the institutional . The colleague, the person, yeah. If somebody come to me and said its 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 i consider every one of them a friend. 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 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 saturdays fiery debate. Reporter the timing of president bushs 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 frontrunner donald trump. We would have been so much better off if bush and the rest of them went to the beach and didnt do anything. Reporter on face the nation, Donald Trump Backed away from accusations that of weapons of mass destruction to invite iraq. If you use that as a make up its a lie. Isnt. 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 there were none. They knew there were none. Reporter trump quickly rejected jeb bushs defense of his brothers record. While donald trump was building a reality tv show, my brother was building a Security Apparatus to keep us safe and im 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 antitrump super pac is using it against him. Many who thought rubio won the game. The World Trade Center came down because bill clinton didnt the chance to kill him. You are a liar. You are probably worse than jesh bush 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 its taking nothing for grant. Campaigning here continuously until saturdays primary with multiple events each day. 2 30 press conference here the primary. Thank you, major. Good job on saturday as well. Face the nation host John Dickerson served as the moderator for saturdays debate and is in washington. Good morning. Great job as well on saturday. Boy, it was nasty, pretty vicious. Does impact on the results in South Carolina . They didnt follow the scalia model of being friends with people with whom you disagree. The debate will probably sharpen, obviously, peoples views about the candidates, but i think theres 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 familys relationships in South Carolina also seems to have gotten quite good reviews from his performance. What do we expect from president bush . Rally the familys support in that state. You remember, he beat john mccain there by 12 points after having lost to him by 18 in new there is a lot of history of the bush family there. I think also it is an argument for the standards, the oldfashioned standards of duty political process and giving your life to public service, some of which have been supplemented in this debate so far in the president ial process, where outsiders are favorable and anybody who has been in politics is seen as not worthy. John, how do you think scalias 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 fundraising mechle inging mechanism, if the president offers somebody up and there is a debate and the senate doesnt actually sit on it, every Fundraising 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 werent already energized, a reason to be now. Both in the president ial connect and in terms of who actually replaces scalia. Court action brings back explosive allegations against superstar quarterback Peyton Manning how. Cintas, ready for the work day. Grammy performances to be powerful and political. Ahead how some of musics biggest stars plan to use the stage to share some cultural criticism. Morning. Heres 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, wouldnt more people buy homes . And wouldnt those buyers need to fill their homes with lamps and blenders and sectional couches with handlathed wooden legs . And wouldnt that mean all sorts of wooden legmaking opportunities for wooden leg makers . And wouldnt 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 isnt that the power of america itself or, more helpfully, a homebuying adult. Anyway. Thats what we were thinking. How do you eat healthier, while you enjoy life and lose weight . Now you can do it all with one simple plan. The allnew smartpoints from weight watchers. Our most advanced plan ever. Join for free and lose ten pounds on us. Hurry offer ends february 15th. And fever, theres no such thing as a little flu. And it needs a big solution an antiviral. So when the flu hits, call your doctor right away and up the ante with antiviral tamiflu. Prescription tamiflu is an antiviral that attacks the flu virus at its source and helps stop it from spreading in the body. Tamiflu is fda approved to treat the flu in people two weeks of age and older whose flu symptoms started within the last two days. Before taking tamiflu, tell your doctor if youre pregnant, nursing, have Serious Health conditions, or take other medicines. If you develop an allergic reaction, a severe rash, or signs of unusual behavior, stop taking tamiflu and call your doctor immediately. Children and adolescents in particular may be at an increased risk of seizures, confusion, or abnormal behavior. The most common side effects are mild to moderate nausea and vomiting. Hi, id like to make a dep scanner rescan item. Rescan, rescan. Rescan item. Vo it happens so often you almost get used to it. Phone voice main menu representative. Representative. Representative. Vo which is why being put first. Relax, we got this. Vo . Takes some getting used to. Join the nation. Nationwide is on your side pope francis takes on drug lords in mexico ahead. His blunt warning in a country where a hundred thousand people have bee good morning. Its 7 26. Heres a look at our top story. Gop candidates. Are continuing their stump through the upstate today. Ben carson. Will be in spartanburg at the marriott from 7 until 9 tonight. And you can see donald trump at the Td Convention center in greenville. That rally is thanks for joining us. Well be back in 25 minutes. Bernie is an outsider who has only been in congress for, like, 30 years if you dont i cant 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. Im not even playing this thing i cant let you love me if you dont 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 Mannings 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. We are in mexico with the popes tough words on drug cartels in a place that sees some of that countrys worse violence. Time to show you some of the mornings headlines from around the globe. Investigation by Usa Today Network finds big problems with tracking features who hav 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. 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 runaway 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 ofte last year 2011. One big reason . 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 mmPeyton Manning and a female athletic trainer. He was then a star for the university of tennessee as their star quarterback. Reporter 39yearold Peyton Manning captured his second super bowl victory just last week. An impressive feat which many hall of fame career but what he is accused of doing 20 years ago 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 19yearold 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 from her job at university of texas. Manning was the first pick in the 1998 nfl draft. He coauthored 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 naughtrights lawyers. A Court Documents were never widely released although usa today reported on their content. Despite the 39yearold 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 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 hell 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 mexicos political 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 79yearold 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 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. 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. 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. Its very moving to see him. The pope will travel south today where he is expected to deliver strong words on immigration. It is mexicos poorest state and point of entry for many migrants making their way to the u. S. In mexico city. Ahead the Live Performances at tonights Grammy Awards will carry extra meaning. That is next. If youre heading out the door you can watch us live through the cbs allaccess app on your digital device. Dont miss the first look at the new yorker investigation into tmz. We will be right back. Im 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. My doctor said joint pain from ra can be a sign of existing joint damage that could only get worse. He prescribed enbrel to help relieve pain and help stop further damage. Enbrel may lower your ability to fight infections. 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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 tonight from rapper Kendrick Lamar but it wont just be hiphop artists using the Staples Center stage for commentary. From pop to hiphop. 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 nights most his breakout single all right has become the anthem of the black lives matter. Ive 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, beautiful. I think artists are just trying to make black what is going on in the world. When its all said and done reporter the grammys have a history of tackling social issues from civil rights so samesex marriage. Tobt tonight tonight, musics biggest night will continue in that tradition. 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 emptyhanded. If he wins album of the year this time, hell be just the second hiphop 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. Id love to see that. Lamar the odds on favorite in vegas apparently. Its close to my bedtime by maybe ill watch the first hour of it. Taylor swift opens, i heard. Perfect. Cbs will bring you the58th Grammy Awards tonight at 7 00 central 8 00 eastern time. Stalled ca announcer this portion of cbs this morning sponsored by toyota. Lets go places. Four bandits chose a prius as their getaway car. Bravoniner, in pursuit of a toyota prius. Over. How hard is it to catch a prius . Over. This thing is actually pretty fast. Over. Very funny. Oh look, a farmers market. We should get some flowers for the car. Yeah toyota. Lets go places. How do you eat healthier, while you enjoy life and lose weight . Now you can do it all with one simple plan. The allnew smartpoints from weight watchers. Our most advanced plan ever. Join for free and lose ten pounds on us. Hurry offer ends february 15th. Can a toothpaste do everything well . This clean was like pow it added this other level of clean to it. It just kinda like. Wiped everything clean. 6x cleaning my teeth are glowing. 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Dont 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. Before taking tamiflu tell your doctor if youre pregnant, nursing, have Serious Health conditions, or take other medicines. If you develop an allergic reaction, a severe rash, or signs of unusual behavior, stop taking tamiflu and call your doctor immediately. Children and adolescents in particular may be at an increased risk of seizures, confusion, or abnormal behavior. The most common side effects are mild antiflu . Go antiviral with tamiflu. This was not the adventure a group of skiers expected. A pair of tram cars staledled at a hmps ski resort on sunday. It extended 40 feet above ground and some stranded for nearly 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 cbs this morning. I dont want to live with the uncertainties of hep c. Or wonder whether i should seek treatment. I am ready. Because today theres harvoni. A revolutionary treatment for the most common type of chronic hepatitis c. Harvoni is proven to cure up to 99 of patients whove had no prior treatment. Its the one and only cure thats one pill, once a day for 12 weeks. Certain patients. Can be cured with just 8 weeks of harvoni. With harvoni, theres no interferon and there are no complex regimens. Tell your doctor if you have other liver or kidney problems, hiv, or other medical conditions, and about all the medicines you take including herbal supplements. 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Serious side effects can occur including fatal infections. Cases of lymphoma and lung cancer have been reported. Tell your doctor or have any infection like an open sore, the flu, or a history of copd, a chronic lung disease. Orencia may worsen your copd. If youre not getting the relief you need. Ask your doctor about orencia. Orencia. See your ra something is just fundamentally broken likely to be arrested by police, and sentenced to longer prison terms, for doing the same thing that whites do. When too many encounters with Law Enforcement end tragically. We need investments in education, health care and jobs, to counter generations of neglect. We have to face up to the hard truth of injustice and systemic racism. Im hillary clinton, it is monday, february 15th, 2016. Welcome back to cbs this morning. More real news ahead, including the fight over replacing him. Attorney david boies who knew him well is in studio 57. First, heres a look at todays eye opener at 8 00. People here just cannot imagine what its 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 president ial 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 familys 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. 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 dont know. Its who i am. Announcer this portion of cbs this morning sponsored by nationwide insurance. Im charlie rose with Norah Odonnell 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 halfstaff this morning after the sudden death of justice Antonin Scalia. He was the courts conservative anchor and the current benchs longest serving member. President Ronald Reagan nominated him in 1986 after chief Justice Warren berger Justice Scalias 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, its appropriate. This is going to be unprecedented. Justice scalias 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 then its 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 replastce him. I think youll 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 californias attempt to ban samesex 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. 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 years docket . Well, for any of the decisions, it would have been 54 with him in the majority and a lot of decisions like that in important cases. That will be a divided court, 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 90, but really important high profile cases involving social constitution issues are often 54 nowadays. But the chief Justice John Roberts does have the authority to say, lets 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 hell 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, youre not going to have time. 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 everyones 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. Supreme court at the heart of the president ial 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 cant 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. 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 dont know about the strict instruction. I think that depends on how you interpret that. Certainly, originalism was 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 scalias 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. Immigration, its 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, its 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 dont know how he knows what i said because he doesnt 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 first primary. Site go taylor swift could get seven grammys tonight. Next, we take you inside the biggest event much yearof the year. The grammys. Song thats life song thats life song thats life song thats life thats life. And if you still need help lowering your blood sugar. This is jardiance. Along with diet and exercise, jardiance works around the clock to lower blood sugar in adults with type 2 diabetes. It works by helping your body to get rid of some of the sugar it doesnt need through urination. This can help you lower blood sugar and a1c. And although its not for weight loss or lowering systolic blood pressure, jardiance could help with both. Jardiance can cause serious side effects including dehydration. This may cause you to feel dizzy, faint or lightheaded, or weak upon standing. Other side effects are genital yeast infections, urinary tract infections, changes in urination, kidney problems, and increased bad cholesterol. 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Bamberg i was one of the leaders in the house to take charge and say the flag has to come down now. Bernie aligns more with what im passionate about addressing issues with civil rights, criminal justice reform, income disparities. Change needs to happen and it needs to happen now. We need a leader like bernie who is not afraid to go against the status quo. Even when it wasnt popular. Sanders im bernie sanders, and i approve this message. I cant feel my face when im with you we are hours away from the 58th annual Grammy Awards here on cbs. Some of the performers spent time this weekend rehearsing for the big show. For the first time, it will air live across the country. Anthony mason got a behind the scenes preview for us and hes 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 im 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 Jacksons 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 years nominations is adele. Reporter but its only missed the grammy cutoff for 2016 and her performance tonight is one of the most anticipated. Im looking forward to saying hi to adele and say hello. Reporter tonights performers spent the weekend rehearsing, including alabama grammy newcomers both nominated for best new artist. 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 im 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. Im following carries lead. And this is my first. Reporter ll cool jay is back for the fifth straight year. Its 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 odonnell i want to see it tomorrow because you now i think you look 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. Im looking forward to lady gagas tribute to david bowie. A fast moving dog was lock and loaded for competition at the nations 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 symptoms start. Doctors recommend taking one claritin every day of your allergy season. For continuous relief. With powerful, 24 hour. Nondrowsy claritin, live claritin clear. How do you eat healthier, while you enjoy life and lose weight . Now you can do it all with one simple plan. The allnew smartpoints from weight watchers. Our most advanced plan ever. Join for free and lose ten pounds on us. Hurry offer ends february 15th. A leading consumer testing publication recently tested the top laundry detergents. The winner persil 2 in 1, didnt only beat tide. It beat every single detergent tested. Boom. Switch to Persil Proclean 2 in 1. Almost sixty million ameri keep your eyes on holster. He is known as holy moly guacamole. The australian shepherd from new york is the new agility champ at the Westminster Dog Show this weekend. Over 3035 seconds, holster is the good morning. Its 8 25. Heres a look at our top stories. If you are looking for work. Or know someone who is. Listen up. Mau. Is hiring workers. To fill positions at bmw. They need Production Associates and forklift drivers. The job fair is happening right now. And goes unitl 7pm today. Just show up at the mau office on pelham road. Trustees wont meet on closing schools in Pickens County. That meeting was postponed until february 22nd. The Pickens County board of trustees is considering what parents. And the community have to say. The plan would shut down ar lewis. Holly springs. And ambler elementary schools. Were keeping an eye on some Winter Weather this morning. As you take a live look outside in addition to low temperatures this morning. You may see some ice where you live. And the mountains will see snow. Today. Be sure to be extra got to get a shot off. He drives it. The whistle he banks it any at the buzzer a lastsecond stunner at my alma mater in durham. Duck propel the unranked duke blue devils over seventh ranked virginia. It was a true lastditch 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 ks birthday. Nothing like a victory for your birthday. Good for us we have been discounted this year but we are coming back. Welcome back. Coming in this half hour, an 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 that is ahead time to show you some of the mornings headlines from around the globe. Britains paper reports on the movie the revenant dominanting last nices british film awards. Dahicaprio won for best actor and the movie won best film and best director. In honor of valentines day, a fun kiss cam happening there for bafta. Look at the locked lips pg13 there, i think. Variety is reporting on deadpool. Box Office Reached 135 million, the most ever for an rrated film. Hollywood insiders thought it was a risky project and 20th century fox made 58 million and therapy celebrating today. How ibm picked a voice for 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 childlike. Watsons voice was rejected because it sounded creepy there. Here is another option. They decided watsons 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. Britains guardian reports 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 valentines day. In the story they said only some girls got flowers and he felt bad for the girls that didnt 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 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 youd like everybody to see it your way. Yeah, but that doesnt happen. Look. When i came on the court, where it was, scalia will be a consensus. Reporter exactly. Because im such a charming fellow. Reporter is that what they said . Sno. They didnt say the charming part but they did expect me reporter a consendus guy . A consensus builder. I cant be a consensus builder. Because . Because i cant trade. You see, bill brennan, who was an evolutionist, right . He could deal. His colleague, i want to change the constitution this far and got caught, geez, bill, cant go that far. Well, what about this far . He can deal now, i cant deal. If im if im doing it, what can i say, you know . Reporter ill give you a little here. Halfway between what it means and what you like it to mean is reporter yes. You cant do it. Reporter does Supreme Court, does it read the paper . Does it understand the political dynamic of the moment . I dont know. You would have to ask each of i think so. Reporter does it affect you . I hope not. Reporter but is it possible that you dont . No. I wouldnt be as unpopular a affect me reporter you think youre unpopular because of protests here and there . Yeah. 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 thats right. Reporter he wants to be the forward march of history. Right. Reporter and justice. I think reporter thats the way they see you . Yeah. I think its 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 im interested in the mind of Justice Scalia and how it got there, because ive talked to four of your interns. You know what they said about they said he wants us to challenge him. Thats what he likes. Ideas. From . I like to argue. Its one reason i like the law, i think. I like to figure out where the truth lies between two two different assertions. I dont know. Its who i am. Dont 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 reporter you hate bad grammar . Oh, gosh. I was on an airline recently and i commented on this. Is rev vettediveted into peoples ears a 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 shouldnt 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. He embraced it. You love people who share their opinions and go directly to it and dont 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, its 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 nicholas baseball on tv in background with Heart Failure, danger is always on the rise. Symptoms worsen because your heart isnt pumping well. water filling room about 50 percent of people die dog whimpering within 5 years of getting diagnosed. But theres something you can do. Talk to your doctor about Heart Failure treatment options. Because the more you know, the more likely you are. dog whimpering if youre doing everything right but find it harder and harder to get by, youre not alone. While our people work longer hours for lower wages, almost all new income goes to the top 1 . My plan make wall street banks and the ultrarich pay their fair share of taxes, provide living wages for working people, ensure equal pay for women. Im bernie sanders. I approve this message because together, we can make a Political Revolution and create an economy and democracy that works for all im coming the Entertainment News website tmz is the subject of an investigative piece posted this morning by the new yorker magazine. It draws more than 17 million visits a month. In 2006 it exposed mel gibsons antiis a mitedic comments. In 2013 Donald Sterlings racial comments and then in 2014 ray rice hitting his fiancee and then new yorker article is tmz gets the photos and stories that everybody wants. Nicholas 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 fulltime reporters and you have freelance contributors who are, you know, over 30,000 a year contributing stories to tmz. 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 secondhand 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 dont know what happened inside the elevator. The second video comes up and shows ray rice punch is his fiancee and suddenly, its 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. 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, its 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 email 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 gonts 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 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 its 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 emails were leaked to us. And these emails 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 youre hearing stories from aanonymous sources. If the sources get paid or giving information to tmz, can someone pay tmz to not publish why wouldnt 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 Biebers up. Over the course of the coming months and weeks, tmz posted a number of exclusives that Justin Bieber is saying im getting my girlfriend. Harvey levin says in 2010 he struggles every day with privacy when is going too far. And so after more than a year of working on the story on and off, you know, i dont know where those lines are. I couldnt tell. Sometimes we publish certain emails 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 youre watchin with at t the choice is yours. You only pay for the services you need to make your bundle work for you. Call now to get high Speed Internet for just 15 a month for 12 months with a oneyear agreement. When you bundle with tv, home phone or even wireless on one bill. With high Speed Internet, youll get 99. 9 percent reliability with a connection you can count on. Call now to get high Speed Internet for just 15 a month for 12 months with a oneyear agreement. When you bundle with tv, switch today and get a 100dollar promotional card for every Eligible Service you add dont wait. Call this number today. Get more choices to bundle and save. Great to have you. Thank you. For news any time an oconee man is facing charges. After a standoff with a swat team. Deputies resonded to a reported domestic dispute early yesterday morning on stonegate drive near seneca. That led to the stand off. And after several hours. The Sheriffs Office says the suspect surrendered to officers. Deputies arrested. 31 year old. David brown. Hes charged with domestic violence. Of a an asheville man is facing murder charges. After police say a woman died from injuries she got during a robbery. Officers arrested James Michael norton and charged him with muder. Officers say 62 year old. Christina kessinger. Was found. On central avenue. Friday afternoon. With serious injuries. She later died. At a nearby hospital. Gop candidates. Are continuing their stump through the upstate today. Ben carson. Will be in spartanburg at the marriott from 7 until 9 tonight. And you can see donald trump at the Td Convention center from 7 until 8. Were keeping an eye on some Winter Weather this morning. As you take a live look outside in addition to low temperatures this morning. You may see some ice where you live. And the mountains will see snow. So. If youre driving today. Be sure to be extra thanks for joining us. Well see you back here for gilliard you know, theres an old saying about South Carolina, were always first in the things that are last and last in the things that are first. This economy is rigged. We can do better. And thats where bernie comes in. Bernie is not in the pocket of wall street. We dont have to depend on the socalled wall street giants. Everybody knows the problem. Bernie wants to do something about it. He gets it. I mean, he really gets it. Sanders im bernie sanders, and i approve this message. Wayne yes, whoo money wayne hey jonathan its a trip to iceland wayne you got the big deal of the day lets make a deal now heres tvs big dealer, wayne brady wayne hey, everybody, welcome to lets make a deal. Im wayne brady, and this is our grammy episode. Welcome to the 58th Grammy Awards right here, airs tonight on cbs. The finest in music, performances, stars. Youve got to tune in. Right now, were going to do our own little grammy show. I need to kick it off, who wants to make a deal . cheers and applause oh, sheila, lets go. Everybody, have a seat. Have a seat, have a seat, have a seat. Sheila, nice to meet you. Nice to meet you too, im so excited you dont understand. Wayne no, i do understand, i understand you are excited. Im so excited, whooo wayne so much, yes. Oh, you just dropped so excited you just dropped color. Hey, i changed for you. Wayne now what do you do . Im a personal Development Training specialist