the supreme court loses a conservative titan, justice antonin scalia's death triggers an epic battle over his replacement. donald trump has a commanding lead in south carolina, but former president george w bush hits the trails today hoping to give his brothers a boost. the grammys are getting political. what to expect on music's biggest night. we begin with your world in 90 seconds. >> simply i cannot think of what i would do for an encore. i can't think of any other job i would find as interesting and satisfying. >> remembering justice antonin scalia. >> he died of natural causes saturday. >> his body arrived back in virginia late last night. senate republicans are calling for there to be no replacement nominated. >> the democrats want to replace this nominee, they need to win the elections. >> the idea that the republicans want to deny the president the basic constitutional right is

>> george w bush hits the campaign trail today. he'll join his brother jeb. >> i am sick and tired of him going after my family. >> it was an interesting debate. >> it is cold once again, add to that a storm. >> the northeast waking up to bone-chilling cold. parts of arkansas to new england. >> i'm blue at this point. pope francis ventured into a crime-ridden suburb of mexico city, leading a huge outdoor mass. >> skiers had to be rescued. hours. leonardo dicaprio took home the best actor. >> i'm humbled. oh, hammers it home. >> at the nba all-star game, kobe made his 18th and final appearance. [. >> my hope is not to be influential, mr. rose, to be

oath, which is to apply the constitution. >> on "cbs this morning." >> i was never cool. >> were you a bookworm? >> i was a greasy grind. >> if we looked at your report card, it would say you never got in trouble. >> absolutely not, be straight a's too. >> really? straight a's the whole time. >> would i lie? >> this morning's "eye opener" sprent presented by toyota. let's go places. wonderful man. welcome to "cbs this morning." gayle king is off, kristine johnson of our new york station wcbs is with us. tributes are pouring in for justice antonin scalia after sudden death and washington is bracing for a huge fight over his successor. his supreme court colleagues remember scalia as a giant legal titan and a best buddy. >> justice scalia's death on saturday sparked a fierce

we will get into the political battle in a moment, but we begin with jan krauford who is outside the supreme court in washington. jan, good morning. >> reporter: good morning. the flag here at the supreme court as you can see are flying at half-staff for justice scalia. and 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, his often sharp tongue and his sudden death is going to leave this court split. four conservative and four liberals. justice's scalia's view on the institution influenced a generation. >> i'm a law and order guy. i confess, i'm a social conservative, but it does not affect my views on cases. >> reporter: a native of trenton, new jersey who grew up in queens, new york, scalia served on the supreme court nearly 30 years. the current court's longest serving justice. nominated by president reagan, scalia was also the first italian-american justice.

birthday, scalia died while on a trip to this 30,000 acre ranch in texas, a judge declared scalia dead by phone. the justice suffered from a host of chronic conditions. his family declined to have an autopsy performed. even on the nation's highest court, scalia was a larger than life figure. he often nominated oral question. >> if it's a question of individual rights and individual liberties, that's what i'm there for. >> reporter: clerk for scalia in him. >> if you were a lawyer, arguing in front of him and he thought your argument was hogwash, he would tell you it was hogwash. >> reporter: despite his staunch conservative views, scalia had deep friendships with liberal justices noticingly ruth bader for opera.

captivating brilliance and whit with a rare talent to make the most sober judge laugh. >> i can be charming and combative at the same time. what's contradictory between the two. i love to argue. i've always loved to argue. >> reporter: now, one of his most significant desigtss was that landmark ruling the second amendment guarantees an individual right to bare arms. he often was in dissent. he said he hoped he wouldn't be made for his majority decisions but changing the way we think about the court and the law and interpret the constitution and kristine, he certainly did that. thank you. do stay with us because we would like to come back to you in just a moment. in the meantime, president obama is in california to host a leaders. thaechbt is being overshadowed by justice scalia's death. also the political sitefight 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. >> reporter: margaret brenen is traveling with the president in rancho mirage, california. margaret, good morning. >> reporter: white house officials are expecting a nasty battle with congressional republicans who have already threatened to delay or defeat any nominee that president obama picks. but history may be on the administration's side here. since 1900, six supreme court justices have been confirmed in presidential election years. that could spur president obama to make a bold choice of a very liberal judge who would face a tough confirmation, or sources say the president may choose a less controversial sitting appellate judge to win some republican support.

chief judge of the court of appeals, merrick garland and jane kelly and sri srinivasan. both of whom who unanimously passed senate confirmation. white house officials say it would be irresponsible to leave that supreme court post vacant. they expect president obama to make a decision in the next 30 days, possibly as soon as next week. >> we will be watching. thank you so much, margaret. the republicans who control the senate say they will block any appointment by president obama and the republicans who want to replace the president say that's the right move. nancy corddes is on capitol hill. good morning, nancy. >> reporter: good morning. supreme court confirmations 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. so even though he's got nearly a

up. >> i do not believe the president should appoint someone. >> it's called delay, delay, >> reporter: the two sides took their battle positions within hours of scalia's death. barak obama is president of the 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 filled until we have a new president and mcconnell controls who gets a vote and when. >> nobody can be surprised by >> reporter: south carolina republican lindsey graham and many others got behind him. >> you're not hedging your bets hoping there's a republican who comes into office next january who would appoint that new nominee? >> yeah, i'm hoping they will. but i'm saying the next president should make the pick. >> reporter: graham sits on the senate judiciary committee which considers sprout nominees, does

>> this president will not appoint anybody who isn't pro abortion or left-wing things that we think have been very dangerous for our country. >> reporter: top democrats called it obstructionism. >> you go right off the bat and say, i don't care who he nominates, i am going to oppose him, that's not going to fly. >> these confirmations are normally a blood sport, but this one, this one is going to apocalyptic. >> jonathan turlly warned the showdown could scare off potentially nominees. >> the senate will oppose you, you will have dozen groups tear into you, the odds are that most nominees would come out of this process damaged goods 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

there is almost nothing that legislatures up here take more seriously than that. >> nancy, thanks. back to jan crawford who 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're not even going to entertain in cd. charlie. people talk about 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 and actually not get it out of the senate judiciary committee, so his pulpit will be the political one. he's 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 by how this will affect the six big cases from abortion, contraception, unions, voting rights, affirmative action and immigration. what impact does scalia's death

>> this is a term that is chalk-full of controversy as you just pointed out. we expected those cases to really be divided 5-4 along ideological lines. now the court is 4-4, you have a tie, most of those cases are likely to end up a tie and so the lower court decision would stand. and that means there's 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 sweeping sense. >> jan, we did hear from margaret that president obama does have a short list, so to speak, to replace justice scalia. is there any such thing as a point? no, there's not. that's an easy no. i can't see anyone getting >> wow. >> it's fascinating. thank you, jan. justice scalia was known for a sharp mind and often sharper

last year''s dissent upholding obama it was jiggery-pokerry. he called it pure apple sauce on my pbs program i asked scalia in 2008 about how his colleagues viewed his style. >> they ever come to you and say, too -- >> yes. if a colleague has any objection to what i've said, i'll take it out. >> you take it out? >> i'll take it out of respect for the institution. >> out of respect for the colleague. >> the colleague, the other person. >> yeah. >> if somebody came to me and said it's over the top to say this will result in more battlefield deaths, i probably would have taken it out. >> this is a group of people who like, admire, accept the differences and are looking for the common good and they see it?

others. >> i could have talked to him forever. >> he was such a good man, you know, he would introduce himself to people as tony, not as justice. >> yeah. he was such a good man and a beautiful wife and nine kids and i think the nicest legacy, too, is how close he was with the other justices. >> look back at another conversation i had with justice scalia in our next hour. also, one of the most prominent lawyers to argue before scalia will be in studio 57, david boies will share his memories of contentious moments in the courtroom. plus, has scalia put bench? that's ahead. donald trump holds a big lead this morning in south carolina, ahead of saturday's critical republican primary. a cbs news battleground tracker in south carolina shows trump up more than 20 points over ted cruz. marco rubio is third, followed by john kasich, jeb bush, and ben carson. jeb bush hopes to boost his

featuring his brother, former president george w. bush. major garrett is in charleston with how the race has taken a new shape since the debate. >> reporter: good morning. the timing of president bush's arrival in south carolina could not be more compelling. this primary is sounding like the democratic primary, not the one going on now but the one conducted in 2008, back when bush was accused of lying the country into the iraq war and missing key intelligence signals before 9/11. all of those long dormant accusations dredged up by 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: donald trump backed away from accusations that george w bush -- >> if you use that as an excuse to go in and make up for some sins for previous years, then it would be a lie, but i don't

maybe it isn't true. >> reporter: at the cbs debate saturday, trump put it this way -- >> i want to tell you, they lied. they said there were weapons of mass destruction. there weren't none and they knew there were none. >> reporter: and trump quickly rejected jeb bush's defense of his brother's record. >> well, 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 during your brother's reign. remember that. >> hold on. let me finish. >> in a state where the bush name remains popular and anti-trump super pac is using the comments against him. marco rubio dismissed the bush blame game. >> the world trade center came down because bill clinton didn't kill osama bin laden when he had the chance to kill him. >> there were noisy clashes. >> you are the single biggest liar, you probably are worse than jeb bush.

don't lie. why do you lie? >> donald learned -- donald, adults learn not to interrupt each other. >> yeah, yeah, you're an adult. >> he insults his way to the nomination. >> this is just nuts. okay. geez ohman. >> reporter: even though trump has a commanding lead, he is taking nothing for granted here in south carolina, campaigning across the state up until saturday's primary with multiple events each day and today his first press conference since before the new hampshire primaries. >> thank you, major. good job on saturday as well and face the nation host john dickerson served as the moderator for saturday's debate. he is in washington. john, good morning. great job as well on saturday. boy, it was nasty. pretty vicious. i guess the bottom line is how much of this does it have an impact on the results in south carolina? >> yeah, they didn't follow the scalia model of being friends with people with whom you

the debate will probably sharpen obviously people's views about the candidates, but i think there's still some time before that vote for things to settle out differently. i think what came out of the debate is probably that everybody reconfirm 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 really capitalize on the family's relationships in south carolina also seems to have gotten quite good reviews from his performance. >> john, what do we expect from the visit of george bush, the former president, president. >> well, rallies the family's support in that state, as you were, he beat john mccain there by 12 points after having lost to him by 18 in new hampshire in 2000. so, there's a lot of history of the bush family there. i think also it is an argument for the standards, the old fashion standards of duty and participating in the political process and giving your life to public service, some of which have been sublimated in this debate so far in the

outsiders are favorable and anyone who has been in politics is seen as not worthy. >> john, how do you think scalia's death impacts this race? >> well, i think it gives both sides and all of the interest groups, the supreme court touches on all the hottest button issues that the interest groups are interested in arguing over, it energizes everyone. when you think about it as a fund raising mechanism, if the president does offer somebody up and there's an actual debate, the senate doesn't sit on it, every fund raising group will have a reason to go to their donors and say, your specific issue you care so much about is under threat if there's a nominee that goes one way or the other and actually gets into the court. so, everybody who has been on the sidelines, if they weren't already energized, they'll have a reason to be now, so both in the presidential context and then also in terms of who actually replaces scalia. >> thank you. court action brings back explosive allegations against superstar quarterback peyton manning.

is sited in a sexual harassmentpresidents' day...happy washington's birthday... the holiday goes by many names. it was a fairly cloudy valentine's day yesterday ... but most of those clouds have slipped off to the east and south now and temps are very mild this morning. we also had some gusty winds to more than 30 mph and those are calming down a bit. ................... we hit highs in the mid 70s and it looks like another warm day for our holiday monday. ........... we should have plenty of sunshine today. look for some north- northeast breezes, but not as windy as yesterday and highs in the upper 70s. temps will keep climbing before a system brings a chance of rain >> announcer: this national weather report sponsored by

the work day. you can expect tonight's 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 in the

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.

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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 you're 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, i'd 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 representative. narrator: for speaking truth to power in china... women's rights are human rights. narrator: and having the fortitude to keep government out of women's personal healthcare decisions. planned parenthood action fund endorses hillary clinton. just like the league of conservation voters for her bold plan to attack climate change. and the human rights campaign fund... because hillary believes only love should decide

not just a progressive. a progressive who gets results. i'm hillary clinton, and i approve this message. in a country where 100,000 people have been killed. >> your local news is next.((kirsten joyce)) > we're following developing news this morning... numerous police cars are outside an apartment complex near lake mead and vegas drive. that's where we find michael stevens live on scene.. michael, what do we know so far? ((michael stevens)) metro police have the entrance to this

and simmons blocked off... because of a stabbing. witnesses we spoke to say it happened around 5:30 this morning. one person we spoke to says he was woken up by the sounds of an argument between a man and a woman. he says police arrived moments later... with their guns drawn. right now... we have more questions than answers. we don't know right now who was stabbed in this incident or that person's condition at this time. (( )) ((michael stevens)) we are expected to hear from police. and of course we'll update you with the latest information as soon as we get it./// quick check on your commute no major slow downs in the spaghetti bowl right now. in about thirty minutes, i'm going to tell you about a big project happenning in the southwest on rainbow.

the south end of the strip by the welcome sign. seems like a good day to get some pictures in. how's the weather going to be today, sherry? < > < > < ((sherry swensk)) happy presidents' day...happy washington's birthday... the holiday goes by many names. it was a fairly cloudy valentine's day yesterday ... but most of those clouds have slipped off to the east and south now and temps are very mild this morning. we also had some gusty winds to more than 30 mph and those are calming down a bit. ................... we hit highs in the mid 70s and it looks like another warm day for our holiday monday. ........... sunshine today. look for some north- northeast breezes, but not as windy as 70s. temps will keep climbing before a system brings a chance of rain for some areas and somewhat cooler temps./// >

today in america, the top 1/10 of 1% owns almost as much wealth as the bottom 90% this great country and our government belong to all of us.

wealthy campaign donors have so much influence that the only way they are defeated is when millions of people begin to stand up and say loudly and clearly, "enough is enough." i'm bernie sanders, and i approve this message. . >> bernie is an outsider who has only been in congress for, like, 30 years!

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.

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.

"cbs this morning." >> the laser was apparently pointed at the cockpit last night after the plane took off on new york. all returned safely. source of the beam. >> that can sometimes cause 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. 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 was 38.88 per day and down since 2011. one big reason? competition from ride sharing

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: 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

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 included a mutual nondisclosure agreement

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

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

athletic trainer 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.

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, point of entry for many migrants

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we are just hours away now from the grammy awards on cbs and you can expect more than just music tonight. 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

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

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 tonight tonight, music's biggest night will continue in that tradition.

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

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anti-flu? 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 gore.

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> metro police are investigating two early morning stabbings. the first happened around 4:30 on sahara near lamb. officers say two men were stabbed by a suspect in a parking lot.. and are expected to beokay. no word on a suspect. the second stabbing happened about an hour later near simmons and lake mead

with the very latest. michael? ((michael stevens)) metro police have the enterance to this apartment complex near lake mead and simmons blocked off because of a stabbing. it happened just before 5-30 this morning. metro police say two men got into an altercation... and both were stabbed. police say both of the men were located in separate apartments and transported to a nearby hospital where they are undergoing treatment. we don't their conditions at this time. ((michael stevens)) we are expected to hear from police. and of course we'll update you with the latest information as soon as we get it./// want to check on your commute construction begins tonight on rainbow between sunset and russell. expect overnight lane closures and daytime lane closures for the next 15 months.

overnight lane closures and daytime lane closures for the next 15 months. < > ((sherry swensk)) happy presidents' day...happy washington's birthday... the holiday goes by many names. it was a fairly cloudy valentine's day yesterday ... but most of those clouds have slipped off to the east and south now and temps are very mild this morning. we also had some gusty winds to more than 30 mph and there are still some bumpy winds in north las vegas. ................... we hit highs in the mid 70s and it looks like another warm day for our holiday monday... maybe even warmer ........... we should have plenty of sunshine today.

breezes, but not as windy as yesterday and highs in the upper 70s. one of the areas that i've been particularly interested in

we intend to be sure that everybody in this room and every child in this state no matter where they're born, no matter to whom they are born. i want to make sure that every child has a chance to live up to his or her god-given potential. i've spent my life fighting for children, and i'm not stopping now. i'm hillary clinton, and i have always approved this message. good morning to our viewers in the west, monday, february 15th, 2016. welcome back to "cbs this morning."

the legacy of justice scalia and the fight over replacing him. attorney david boies who argued before him is here in studio 57. first, here's "eye opener at 8." people here 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 one going on now but the one conducted in 2008. john, what do we expect from the visit of george bush, the former president? >> rallies the family support in that stadium. >> peyton manning captured his second super bowl last week.

>> one controversial performance by rapper kendrick lamar. >> 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 different assertions. i don't know. it's just who i am. today's "eye opener at 8" is presented by nationwide insurance. >> i'm charlie rose with norah o'donnell and christine johnson of wcbs in new york. gayle is off. the next time the supreme court meets, one chair will be draped in black. the united states flag at the supreme court is at half-staff after the sudden death of justice antonin scalia. he was the court's conservative anchor and the current bench's long disturbing member. president ronald reagan

chief justice warren berger retired. >> the effort to replace him will be incredibly contentious. mitch mcconnell and other republicans are vowing to block any nominee from president obama. jan crawford is outside the supreme court looking at justice scalia's legacy and the fight over filling his seat. jan, good morning. >> when you talk about political fights, i think the battle to replace justice scalia, i hate to throw the word unprecedented around, here it is appropriate. this is going to be unprecedented. justice scalia's conservative voice 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 that an individual has the right in the constitution to bear arms. now, president obama is expected to announce the replacement, his nominatore eror to replace justice

the members of the judiciary committee are signaling they are going to move to block any nominee. in modern history be with the senate has never filled a vacancy that occurred as this one did, in an election year. in 1968 when oral warren announced he'd be retiring, the senate blocked president lyndon johnson's choice to replace. that nominee was not confirmed for more than a year. i think you're going to see republicans pointing to that if they try to stand firm to block this nominee. >> fascinating. thanks, jan. david boies argued several major cases before justice scalia and the supreme court. he successfully fought against proposition 8. he also represented vice president al gore in the 2000 election recount. pleased to have him in the studio. >> good to be here. >> what is it like, you stand at a podium, there are nine justices.

>> well, he was very articulate. and he asked a lot of really good questions. >> yes. >> there are a lot of justices on the court that ask good questions but he was particularly incisive. he had a good time doing it. his questions were laced with humor. he liked to argue and he liked to engage in intellectual, back and forth. since i was usually when i was arguing in front of the court, i was usually on the side that was not his natural side, i saw the engagement that there was enjoyable. >> you just heard jan said this is going to be an unprecedented fight to replace him. how does that affect this year's docket? >> well, for any of the decisions it would have been 5-4 with him in the majority and there were a lot of decisions like that in important cases. that will be a divided court

appeals decision will stand. so the court of appeals decisions will now probably stand in those kind of cases. lots of cases in the supreme court are decided 9-0 but the really important, high-profile cases involving social, constitutional issues are often 5-4 now adays. >> but the chief justice, john roberts, does have the authority to say, let's go ahead and rehear this next term. >> yes, yes. they may do that. they may very well do that with some of the key cases. >> do you expect he will wait to see what happens in terms of this fight on capitol hill? >> he may. but no matter what the president does, that process is probably going to take months. >> right. >> it's not going to be over in days or even a few weeks. the court will be over in june, even if they get a new justice on in april or may, which would be pretty quick, you're not going to have time.

an appointment and the senate leader, mitch mcconnell says we're not going to hear it, does the president have any options? >> not really. you need senate confirmation. >> right. >> and i think that the senate could stymie. i would hope they would not. justice scalia himself. >> they say they will. >> justice scalia was confirmed unanimously by republicans and democrats. they knew he was very conservative but they believe that the president had the right to appoint somebody who he wanted, as long as he was qualified. i would hope the republican senators would take the same view. >> i keep thinking this fight is going to focus attention on the supreme court and the current cases in front of the supreme court, which have cases on confirmative action, contraception and obamacare, voting rights, unions. there's really big cases before the court this year. >> there are. and this event is going to place

of the presidential election. >> how does it play itself out? >> i think both 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 is in many respects the most enduring legacy a president has. and 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 >> yes. >> choice. >> yes. >> and the next president, whoever that may is going to be, is likely to have another choices. >> they have justices 70 and 80. yes. >> scalia once said if you can't disagreed aently with your colleagues about some issues of law and yet personally still be friends, get another job. he was famously friends with justice ginsberg. he wasn't afraid of a little disagreement, was he? >> no. he enjoyed it.

but even if he thought your views were wrong and maybe even totally indefensible, he never objected to your having those views. he liked people who had different points of view. he liked to engage in that. i think he liked teaching law. for that reason. >> in fact, he did. he went into private practice with jones day and decided he wanted to teach. he then went to teach. >> yes. i think being on the bench is the only thing that would have kept him from teaching. he liked that intellectual back and forth, that arguing. he enjoyed it. >> let's make this last point, too. he was towering in terms of intellect, in terms of what meant to the court. >> this was a brilliant judge. he was a brilliant, passionate, effective advocate for his vision of what the constitution ought to be, what our society ought to be. construction. >> i think that depends on how you interpret some of his decisions. certainly originalism was

advocate of. >> the strongest advocate. >> i think. he brought the court along to a large extent on that. >> thank you. >> thanks so much. this is great talking to you. >> great to talk to you. >> the cbs news gop debate 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 the agreement ended. >> the next president is going to appoint one, two, three, four supreme court justices. if donald trump is president, he will appoint liberals. >> ted cruz with your brother, united states supreme court. they both pushed him. he twice approved obamacare. >> gentlemen -- >> i did not nominate john roberts. i would not have nominated john roberts. >> you pushed him. >> i supported him. >> you worked with him and pushed him. why do you lie? >> don't learn not to interrupt. >> why did you lie? >> adults learn not to interrupt. >> i know, you're an adult.

and everybody knows it. >> this is the standard me. that's fine. >> spend a little more money on the commercials. >> if you want to talk about weakness, talk about walkbabout weakness, it's weak to disparage women. >> marco went on univision in spanish and said he would not rescind president obama's illegal executive amnesty on his first day in office. i have promised to rescind every single illegal executive action including that one. >> first of all, i don't know what he knows what i said on univision because he doesn't speak spanish. second of all -- >> [ speaking spanish ] >> this is a disturbing pattern now. for a number of weeks ted cruz has been telling lies. >> south carolina voters will make their choice saturday in the state's republican primary. democrats will hold their primary in the state one week later. and first on "cbs this

back the curtain on tmz, how far does the celebrity gossipresidents' day...happy washington's birthday... the holiday goes by many names. it was a fairly cloudy valentine's day yesterday ... but most of those clouds have slipped off to the east and south now and temps are very mild this morning. we also had some gusty winds to more than 30 mph and those are calming down a bit. ................... we hit highs in the mid 70s and it looks like another warm day for our holiday monday. ........... we should have plenty of sunshine today. look for some north- northeast breezes, but not as windy as yesterday and highs in the upper 70s.

a system brings a ch taylor swift could turn 1989 into seven grammys tonight. we'll take you inside the biggest event of the year, next on "cbs this morning." song: "that's life" song: "that's life" song: "that's life" song: "that's life" that's life. you diet. you exercise.

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i can't feel my face when i'm 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 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

>> 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

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.

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!

>> i want to see it tomorrow ht here on cbs. i'm looking forward to lady gaga's tribute to david 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... ...non-drowsy claritin, live claritin clear.

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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 ((kirsten joyce)) > metro police are investigating two early morning stabbings. the first happened on sahara near lamb. officers say two men were stabbed by a suspect in a parking lot.. the second stabbing happened about an hour later near simmons and lake mead michael stevens live on scene with the very latest. michael? ((michael stevens)) metro

this apartment complex near lake mead and simmons blocked off because of a stabbing. it happened just before 5-30 this morning. metro police say two men got into an altercation... and both were stabbed. police say both of the men were located in separate apartments and transported to a nearby hospital where they are undergoing treatment. we don't their conditions at this time. ((michael stevens)) right now... detectives remain on the scene investigating./// now we want to get a check on your commute < >no slow downs in the spaghetti bowl right now. lane restrictions on convention center drive due to construction. tomorrow, the magic fashion convention begins at the las vegas convention center.

< > < > < > < ((sherry swensk)) happy presidents' day...happy washington's birthday... the holiday goes by many names. it was a fairly cloudy valentine's day yesterday ... but most of those clouds have slipped off to the east and south now and temps are very mild this morning. we also had some gusty winds to more than 30 mph and those are calming down a bit. ................... we hit highs in the mid 70s and it looks like another warm day for our holiday monday. ........... we should have plenty of sunshine today. look for some north- northeast breezes, but not as windy as yesterday and highs in the upper 70s. temps will keep climbing before a system brings a chance of rain for some areas and somewhat cooler temps./// > <

there are those who say we cannot defeat a corrupt political system and fix a rigged economy. but i believe we need to lift our vision above the obstacles in place and look to the american horizon. to a nation where every child can not only dream of going to college, but attend one. where quality healthcare will be a birthright of every citizen. where a good job is not a wish, but a reality.

and a living wage is paid to all. an america where after a lifetime of labor, there is time for rest and grandchildren. a nation that defends our people and our values, but no longer carries so much of that burden alone. i know we can create that america if we listen to our conscience and our hearts and not to the pundits and the naysayers. i'm bernie sanders. i approve this message,

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.

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, 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

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. dahicaprio 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.

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

to attract a hairdresser. normal wells is a city where 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

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.

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.

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. >> reporter: and justice. >> i think -- >> reporter: that's the way they >> 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.

>> 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.

is rev vettediveted into people's 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 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

>> 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

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i'm 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 gibson's 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

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 full-time reporters and you have freelance contributors who are, you know,

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 fianceand 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.

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 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 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

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 up. over the course of the coming months and weeks, tmz posted a number of exclusives that justiti bieber is saying i'm 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 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 --

morning." great to have you. >> thank you.

for news any ((kirsten joyce)) >metro police are investigating two early morning stabbings. the first happened on sahara near lamb. officers say two men were stabbed by a suspect in a parking lot.. the second stabbing happened about an hour later near simmons and lake mead michael stevens live on scene michael? ((michael stevens)) metro police have the enterance to the

complex near lake mead and simmons blocked off because of an early morning stabbing. it happened just before 5-30. metro police say two men got into an altercation... and both were stabbed. we spoke to someone who lives in a nearby apartment... he says he heard screaming and moments later police showed up: (( "delenor griffin // witness: i was awaken by a lady screaming. and it woke me up so i got up and was like wow -- what's going on -- i knew it was an argument between somebody. and next thing i know it was a man out by my door saying ((bleep)) this... ((bleep)) that. and next thing i know 5 minutes later police coming everywhere with their guns drawn and i seen them coming out with something that looked like a knife weapon because they had it wraped up." )) police say both of the men were located in separate apartments and transported to a nearby hospital where they are undergoing treatment. meto police officer on scene told us both men are in stable condtion. ((michael stevens)) detectives are still out here investigating

((kirsten joyce)) > most folks have the day off for president's day... and kids are out of school.. so why not take a trip to red rock? entrance fees to the national conservation area are waived because of the holiday. you can enjoy the beautiful scenery on the 13 mile loop around red rock.// < ((sherry swensk)) a nice day to head out to red rock... and do a hike, take a picnic. happy presidents' day...happy washington's birthday... yesterday's clouds are gone and we've got nice sunshine for our holiday monday! temps are near 60 degrees right now... and on the way up to near 80 in some neighborhoods. ........... some of those gusty north winds are still around in north las vegas and also along the river down near laughlin and bullhead city.

the lake until 6 p.m. ................... we hit highs in the mid 70s and it looks like another warm day for our holiday monday. ........... we should have plenty of sunshine today. look for some north- northeast breezes, but not as windy as yesterday and highs in the upper 70s.

a system brings a cha >> it's "live! with kelly & michael." today, from the series, "girls," allison williams. and one of the stars of the drama, "the walking dead," danai gurira. plus, performing his latest hit, "let me in," rick springfield. all next on "live." [captioning made possible by disney-abc domestic television]

award-winning co-hosts, kelly ripa and michael strahan! [cheers and applause] kelly: ah, thank you. hi! yep. michael: hello. kelly: welcome to the show, everybodien it is monday, february 15, 2016. it is presidents' day. [applause] michael: yep, yep. presidents' day. michael: it's presidents' day. february. washington's birthday is on the and lincoln's birthday is on february 12. it's set up to honor all our presidents, past presidents. so happy presidents' day. [applause] kelly: michael strahan and i did we had something called a have you heard of miracle