captioning funded by cbs good morning to our viewers in the west. it is thursday, june 25th 2015. welcome to "cbs this morning." a second new york prison worker of killers. he's accused of helping them with hamburger and hot plate. investigators caught one of the worst cases they've ever seen. there's a reason people won't put down their cell phones while behind the wheel. how distracted driving has become a digital drug. we begin with the "eye opener." mr. palmer has been fully

cooperating. >> he wants to see these two captured and put back where they belong. >> a second prison worker arrested as the manhunt continues. >> they are extremely dangerous. why wouldn't they try to arm themselves immediately upon escape. the military confirms the crash of an f-16. what he said showed no remorse, no regret. >> dzhokhar tsarnaev broke his silence, apologizing for his crimes. >> if he was sorry, he never would have did that. hundreds of firefighters trying to douse the flames. >> i saw a fire in my neighbor's back yard. they were banging on my door get out, get out. bobby jindal joined the race for the white house. the car flew off the new jersey turnpike. >> it went way up in the air,

probably 20 feet in the sky. virginia put together a championship. >> something to celebrate. all that -- >> people were hurt when the bonfire lighting explosion in spain. >> donaldson gets there, dives in and caught it. oh what a play! josh donaldson! >> and all that matters. >> listen you're in my house. >> at the white house, president obama ordering a heckler removed. >> as a general rule i am just fine with a couple of hecklers but not when i'm up in the house. >> how many black friends do you have? >> if you think most americans are racist i'm ashamed. >> she said how many black friends do you have and you got all mad. >> this morning's "eye opener" is presented by toyota. let's go places.

welcome to "cbs this morning." as you wake up in the west a second prison employee faces charges of helping two murderers escape. gene palmer is charged with helping deliver tools. they believe the fugitives may have a shotgun. >> palmer will likely plead not guilty. joyce mitchell took advantage of him. anna werner is at the courthouse in plattsburgh, new york. ann agood morning. another twist. >> reporter: officer palmer has worked at the clinton correctional facility in dana mor dannemora for some 27 years. he was put on paid leave. last night, he was arrested. gene palmer is charged with destroying evidence, promoting prison contraband and

misconduct. >> mr. palmer knows he made a mistake. >> andrew brockway is his attorney. >> he did not know joyce mitchell had conned him into giving contraband to these two individuals. >> reporter: andrew wiley says civilian employee joyce mitchell admitted smuggling tools into the prison. >> she put the hacksaw blades and other screwdriver bits in the hamburger, froze it and then brought it in to the facility. the corrections officer gene palmer came collected it and brought it. >> you believe he did so unwittingly? >> yes, without knowing the tools were in the meat. >> palmer is alleged to have escorted the inmates to a catwalk to fix electrical breakers so they could use hot plates. 19 days later more than 1,000 heavily armed law enforcement officers are concentrating their search on a rugged 75-square-mile section of franklin county.

>> we have virtually 100% assurance that they were in that area. >> reporter: police say dna evidence linked the convicts to that cabin some 20 miles west of the prison. investigators tell cbs news they believe the fugitives may have taken a shotgun from the cabin. >> just about every cabin or outbuilding has one or more shotguns or weapons. and we have operated under the belief they are armed. they are extremely dangerous. why wouldn't they try to arm themselves immediately upon escape. >> reporter: gene palmer was released from jail earlier this morning. if he is convicted on promoting prison contraband he could face up to seven years in prison. it's the same charge joyce mitchell faces. >> anna thank you. searchers are looking for the pilot of an f-16 that crashed late last night sparking a fire near a natural gas pipeline. it went down near douglas,

arizona, just south of tucson. the pilot was the only one on board. it was on a night training mission. they forced residents to evacuate the area. victims of the boston marathon attack have an apology from the convicted bomber. dzhokhar tsarnaev apologized. dawn don dahler is live near the courthouse. >> on april 15th the tsarnaev brothers planted two bombs and killed two people and injured many. we never heard from him, that is until yesterday. on a day he received six death sentences and 20 life sentences without parole he apologized. i learned about some of the victims. i learned their names fasces and

ages. he called them good souls and said i'm sorry for the lives that i've taken, for the suffering that i've caused you for the damage that i've done. i pray for your relief for your healing, well-being, for your strength. he thanked the jurors and called his attorneys lovely companions. tsarnaev asked allah for forgiveness. >> the last thing we wanted to hear was about allah. >> lynn julian survived the bombings and was dismayed by what she heard in court. >> i regret ever having to hear him speak because what he said showed no remorse, no regret and no empathy for what he's done to our lives. >> reporter: henry borgard was walking home when he was hut. he has come to a place of peace with the ordeal. >> for me to hear him say that he's sorry that is enough for me. when i made eye contact with him it wasn't like looking in the face of a criminal.

it was like looking in the face of a boy. >> reporter: for two years, survivors heard and saw little of tsarnaev except for this obscene gesture in a holding cell. rebekah gregory said when people look back on april 2013 they won't remember your name or your brother's. instead they'll remember the courage and bravely. that's why it's so funny that you smirk and flip off the camera. that's what i feel like we're doing to you every day, fake limbs or not. tsarnaev will join dozens of other inmates on death row. he could be there for a very long time. since the government reinstituted the death policy in 1988 the united states has only executed three people. >> thanks don. rikki klieman is a former massachusetts prosecutor. good morning. >> morning. >> what do you make of this statement? >> i was stunned. i think that there is no less a word. no one -- and no legal expert --

expected him to speak at all. his speech has nothing for him to gain. so there are people who accepted it, as we've heard. people who rejected it. people who thought he was sincere, people who thought he was insincere. the real nugget is this. if you are his defense lawyer do you second-guess yourself? do you wonder if you had put him on in the penalty phase that you might have swayed one juror? it only took one juror for life imprisonment or do you realize that your decision was correct, that he could have never withstood cross-examination and why do we know that now? you heard carmen ortiz who was the u.s. attorney. she was not happy with his statement. she thought it made no difference. she was disgusted by it. why? because he didn'tus

this does not affect obamacare customers in the states that have their own individual exchanges. jan crawford, i know you have a copy of this morning's decision. jan, good morning. there is a key decision by the supreme court. >> well i mean this was, i think, an -- the most significant legal threat to the obamacare law. i mean going back even more so than the challenge we got three years ago. and the justices with the chief

justice joined by justice kennedy also a conservative joined with the four liberals to uphold this key portion of the law. i think this means with this significant legal threat cleared, the affordable care act, the president's signature achievement really will remain in place. as you said 6.5 million people were in jeopardy of losing their tax credit that made affordable care act insurance policies made that affordable for them h ruling gone the other way, many people had feared it could have meant the death for the president's signature achievement, the affordable care act. the justices now this is not a liberal conservative ruling. the justices have joined to say that the affordable care act is here to stay. >> jan, since we have six affirming, majority roberts, kennedy, ginsburg breyer soda

sodamayor and kennedy. >> many thought roberts betrayed them by joining the conservatives. now we have justice kennedy also going over. this say more difficult case because the law, the way this massive 2,000 page law was written had one section that suggestsed those tax credits were going to be very limited to only the people in states that set up their own exchanges. but the court in this ruling rejected that and said in the words of chief justice john roberts, "we're going to give congress its due." it intended for the affordable care act to give insurance coverage to all americans. so we're going to interpret that law consistent with what we believe was congress' understanding. so this is not going to be that kind of divided bitterly divided outcome that we saw three years ago. >> jan, what is the significant of the fact that the chief justice wrote the majority opinion? >> i think he's owning this. i mean, he wrote that opinion three years ago like i said and

really conservatives felt deeply betrayed. he's the chief justice of this court, he's making a statement that this law is going to be interpreted the way they believe that congress intended. so he is you know he is saying i was there three years ago. i'm there today. and i'm not backing down from that. >> is this ruling a surprise jan? what are the kmebtscomments from the justices that did not vote for it? >> this is what most people had expected although with this supreme court, as you know you can never be sure. many people certainly didn't expect roberts to cast that key vote three years ago. but the justice scalia writing the main dissent joined by thomas and owe leadliedo says we have to hold congress to their word. when they write something and the law says it, we have to interpret that. so if the irs or whoever interprets that a different way, we still have to go on what

congress said. so they're also very strong in saying that is absurd what the court has done today. and it's 21 pages of explanation make it no less so. >> the case brought by the plaintiffs from virginia sort of hung on four words in the affordable care act, established by the state. >> that's right. and so that would mean and the opponent that argued those tax credits will only be available to people who got their insurance through exchanges established by the state. the problem is 34 states decided we're not going to set up our own independence exchanges, we're going to rely on healthcare.gov for their residence. so 34 states residents in 34 states were getting insurance through healthcare.gov. they said the law says they shouldn't get tax credits because the law says it's only for people who are getting it in those exchanges established by the state. but the court said, no that is

not what congress intended. so it said that irs, which is implementing this law, that its belief its regulation is that credits were available to everyone across the country. the court is saying that irs' interpretation is right. >> in the past couple years, we've had two supreme court -- three years, two supreme court decisions essentially upholding president obama's signature domestic policy achievement. there are so many people that bitterly oppose this law. does that mean the only avenue to change the law would be through congress? >> nora i think we can pretty much say that. this was the most significant remaining legal threat to the law. if you look at polls, it still the american people are still deeply divided over this law. but they're moving in the direction of supporting it. and i think it will be very difficult now and certainly with the president and the white house ready to veto anything to change this law legislatively.

>> jan k. we talk about the white house for a second? i realize the ruling has just come in. you have heard anything from them about how they were feeling about what was going to happen today? >> gayle, this decision and obviously we have one more remaining land mark decision on same-sex marriage but in washington this decision had the entire town sitting on the edge of their seat. in congress people were decided -- trying to decide, what will we do if the supreme court rules against the obama administration? republicans, were they going to have to come up with a new law? would they try to xenld the subsidies? what would this mean for the presidential candidates? the republican presidential candidates are the most relieved by today's ruling. now they'll be able to continue to rail against the obamacare health law. >> jan, thank you so much. >> you're welcome. >> thank you so much. >> our coverage will continue throughout the day on this cbs station and on our 24 hour digital network. watch it at cbsnews.com/live. many will return to "cbs this morning." this has been a cbs news special

report. i'm charlie rose with nora o'donnell and gayle king, cbs news new york. they forced many people out of their homes. the fire began yesterday and raced toward crowded neighborhoods. john blackstone is at the command post for that fire. >> in the last few minutes we've just been updated here. this sfir considered to be 60% contained. with the long hot summer ahead, california firefighters could be stretched to the limit. the santa clarita wildfire broke out along a busy highway and quickly spread dangerously close

to homes. >> some of these ranch homes have been greatly affected by the flames. >> about 1,000 were forced to evacuate. >> i saw a fire in my neighbor's backyard and said it's time to go. next thing you know they are banging on my door get out, get out. >> reporter: firefighters on the ground were helped by water-dropping helicopters and retardant dropping fixed wing aircraft. fire officials say this fire season is months ahead of schedule. >> our fuel moisture is running about where we'd see it typically in august. right now we've got volatile conditions. as we start getting into drier weather, we'll start seeing more fire activity. >> meanwhile, a similar scene was playing out in northern california. more than 500 acres burned and 100 homes were evacuated in the antioch area. wednesday's fires come after thousands of acres burned near lake tahoe and as flare-ups continue and new evacuations were ordered in the lake fire in

san bernardino. evacuations were lifted here late last night for those thousand or so people forced to flee from their homes. luckily only oneone garage was slightly burned here. more firefighters are coming in. dangerous conditions still remain here. >> john blackstone thank you. pope francis sent shockwaves through the catholic chrch with new comments on divorce. why sometimes splitting up is

>> announcer: this national weather report sponsored by expedia. download the expedia app today. the grocery chain some call whole paycheck. how they are taking on whole foods for making some customers pay more for less. >> the news is back on cbs this

morning. less. the news is back in the morning on "cbs this morning." >> announcer: >> announcer: this portion sponsored by toyota. portion is sponsored by toyota. let's go places. to show her right from wrong. and realized my little girl had become an amazing human being who will make choices of her own. toyota let's go places. ♪ ♪ food should be good. strawberries should sing. lettuce should be dirty. dressing, clean. debates should be healthy. hatchets buried. tables should be full. and good food should be good for you.

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of the carmakers is sharing a car market good morning. it's 7:26. i'm frank mallicoat. here's what's happening right now. flames got dangerously close to those homes in antioch yesterday before firefighters beat back the fire. more than 500 acres burned as of last night the fire was 80% contained. the supreme court upholds obama's subsidies. the decision was announced just minutes ago. that means residents in states without their own healthcare exchange can still get federal tax credits. and state ahead on "cbs this morning," eyes off the road. distracted driving on a whole new level. millions texting social media and video chatting behind the wheel, the results of a new study coming up and traffic and weather coming up in just a moment.

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good morning. an accident now delaying traffic on the guadalupe parkway. this is in the northbound direction in san jose. just before julian. a five-car pile-up blocking at least one lane of traffic. north 101 in san jose extremely slow. it is backed up beyond the 280/680 interchange and over at the bay bridge toll plaza, metering lights are on. it's backed up into the maze. roberta? >> good morning, everybody. taking a look at our live weather camera that features the transamerica pyramid, we have wall-to-wall sunshine from the coast to our inland areas. current temperatures warming rapidly in the 60s across the board except for right around 56 degrees. that would be in the san francisco area. 57 in santa rosa. 60s, 70s at the beaches to low 100s inland.

alabama removed all four flags from its state's capitol. >> yes, alabama. >> attention, change in kra attention. >> hold on. apparently there's been a change in cra status. can we get the cra map on screen? loading now. >> oh oh oh my god. look what happened. oh, my god. it appears alabama is not cra anymore. congratulations, alabama you're not cra anymore. >> that's larry willmar.

give the definition of what cra means. >> crazy. >> cra-cra. >> it's phrase and i like it. >> welcome back to "cbs this morning". coming up in this half hour whole foods is accused of routinely charging too much to customers. $15 for a single package of shim shh rim p. not fair. why regulateors say it's one of the worst cases they've ever seen. why social media is an addiction drug. why so many are texting and driving even when they know how dangerous it is. that's ahead. the "washington post" said pope francis said sometimes the separation of a husband and wife may be quote, morally necessary. his comments yesterday at his weekly address are a major shift in tone on marriage by the church. francis said separation may be inevitable to protect children

or spouses who are victims of domestic change. can talk abouout climamate chahange b but whenn you talk about marriage you're e going.g. >> rightht to anti-fanatics. 26 were killed by self-proclaimed jihadists. britain's "telegraph" says they have asked twitter followers to share positive images from syria. instead they showed a backlash. one said blatant lies and continued massacres. "usa today" says drought has

pushed the water level in lake mead to a record low. it stores water for new mexico nevada, and california. water managers say use far exceed as what the colorado river provides. >> and "business insider" says whole foods is under investigation for allegedly overcharging customers in new york city. the upscale grocery change is accused of exaggerating the weight of some products. elaine quijano is outside a whole foods store in manhattan of why this is not the first time the company faced these accusations. elaine, good morning. >> reporter: good morning. some shoppers have a long joke that whole foods should be called whole paycheck because of the chain's pricey products. it turns out here in new york city some items may have been unfairly marked up. since 2011 the chain has been slapped with more than 500 counts of violations in the city

alone. across the country whole foods is san antonio for its organic and wholesome products be u in new york city the department of consumer affairs says customers are paying more for less in one of the worst cases of overcharged we've ever seen. >> we're not talking about a few violations but what is thousands of violations throughout the new york city area. >> reporter: last fall investigators tested products at three locations and found they had inaccurate weights and labels. for instance, chicken tenders found commerce on average would have overpaid by $4. the markup ranged from 15 cents for pecan panko to $15 for a package of shrimp. >> i've spent over $3,000 in the last three years.

>> occasionally there will be human error, but there's no systematic effort to overcharge or upcharge customers. >> the company says it's tried to address concerns walking officials through its auditing and training program. >> we're not going to be coerced into paying outrageous demands and them coming out to the press and making these issues when they're not accurate in the first place. >> whole foods said they came to the table, that you made a monetary demand and they didn't find that to be fair and the negotiations stopped. can you elaborate on that at all? >> i can't discuss the nature of the discussions with whole foods. we were disappointed that despite this they continued with the vie legislations. >> reporter: this isn't the first time whole foods has been accused of cheating customers. last year they were forced to pay $800,000 to california for a

similar violation. >> if the customer at any point goes to cashier and believes that they have a wrong label or incorrect price, they can simply ask the cashier, and if it's a mistake, we'll refund the money or make it right with the customer. >> the bottom line is it's not the consumer's responsibility to do this legwork. it's always on the employer to do the right thing. >> reporter: the investigation is still ongoing and it's not clear what exact punishment whole foods could face. but the fines are hefty. $950 for the first violation and up to $1,700 for each one after that. >> it makinge inginge ings me want to take the cut fruit and weigh it. >> excuse me sir. that's too much. >> norah o'donnell here. >> i would like a refund please. >> at least it puts the store on notice. >> i know. spend a little gopro with norah

this weekend into the grocery store. >> i kblts waitcan't wait. >> if you see norah in your store. >> call the authorities. >> close the store. >> all right. now to another really interesting story that we're covering this morning. detroit is jumping into silicon valley's sharing economy. ford is allowing a pilot program to allow ford credit to rent their cars short term. 14,000 americans in l be eligible as well as 12,000 ford runners in london. they'll help provide potential winners. melodylody hobson what a really interesting idea. how does it work? >> ford is calling it the airbnb of cars. instead of renting your house, you're going to rent your car, albeit to a prescreened person.

general motors started this three years ago. >> i know you've been talking with your people at ford. i see why part-time want to do it, to get more money, but why would the ford company want to do something like this? >> they say first and foremost the company insider said they're not rolling over for uber and zipcar. they recognize they're putting a accident in their business. uber is huge 300 cities 58 countries. secondly, they say those millennials buy into the idea of a sharing economy. it's not a fad. it's here to say. this peer-to-peer sharing is staying and last but not least, this one shocked me. they don't want to be known as a car company anymore. they want to be known as a mobility solutions company. however you're getting around, buying a car, renting a car even electric bike they want to help provide that mobility solution to you. that's why they're doing it. >> are there any drawbacks to

this? >> yes, of course. first of all, let's talk about the fact that you're going to hand over your keys to your new car to a perfect stranger. another thing, wear and tear. more repear and maintenance. instead of your car sitting at while you're at work means people are driving it. >> how much will they make? >> anywhere from $500 to $1,000 a month. >> whoa. >> they seem like big numbers if the average car right now has a car payment of about $500 a month. so we're talking about a huge amount of cost defrayment. but, you know the jury's still out. this is all new. >> i like it. the mobility solution company. i like that mellody. >> millennials are going to love. >> mellody, you look good

morning. i love that summer haircut. you always do. why some are blames social median on addiction. we'll show you a solution. if you're heading off to work taking your kids to camp. >> if you're going to to grocery store to weigh something. >> perfect. set your dvr so you can watch "cbs this morning" any time you like because we'll still be here for the next hour and 20 minutes. we'll be right back. if you have moderate to severe plaque psoriasis. isn't it time to let the real you shine through? introducing otezla apremilast. otezla is not an injection or a cream. it's a pill that treats plaque psoriasis differently. some people who took otezla saw 75% clearer skin after 4 months. and otezla's prescribing information has no requirement for routine lab monitoring. don't take otezla if you are allergic to any of its ingredients. otezla may increase the risk of depression. tell your doctor if you have a history

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you're only young once. unless you have a subaru. (announcer) the subaru xv crosstrek. symmetrical all-wheel drive plus 34 mpg. love. it's what makes a subaru a subaru. there is brand-new evidence that drivers are ignoring distractions behind the wheel. the national highway traffic officerty administration says distracted driving caused 3,100 deaths in 2013. they show the problem goes far beyond the texting. kris van cleave with the reason why we're taking our attention off the road. good morning. >> reporter: good morning. safety experts say if you're dialing while driving you're three times more likely to

crash. if you're texting while driving, you're 23 more times what about video chatting? here i'm doing it from a passenger seat. this would take a whole new level. a new survey are finding that many are doing this behind the wheel. as many as one in ten drivers, 10% could be doing this. >> this could be the feature here of driving and talking. >> reporter: video chatting on their drive home according to a provider from at&t. the same survey found 61% admitted to texting and driving. a third check their e-mail while driving and 17% admitted to taking a steering wheal selfie. despite the widespread understanding of the dangers of driving, we're doing it anyway. 22% of people surveyed who access a social network while driving gave addiction as a reason. >> in essence it's a drug or what i call the digital drug. >> reporter: he founded the

center center. >> this is the circuitry that gets activated when anything pleasurable is being done. >> reporter: he worked with people at at&t and said he believes people get a high from being on their cell phone behind the wheel as someone on a slot machine. >> it comes what when and wrenwhere and when the reward comes and it's positive and you like it it's going to elevate the dopamine. your brain, which is a pleasure chemical. it increases your wanting to do it again. >> there is an app that prevents you from using your app while on the road but it's hard to catch on. another tracks the person's eye movement and triggers an alert when the person is distracted or is drowsy. >> it will perhaps lock out

behaviors that you shouldn't be doing. this is talking about shaming people into a better behavior. >> reporter: one particularly scary finding in this at&t survey survey 33% of those checking twitter are doing it all the time, that's despite the fact that 46 states prevent texting and driving. >> we're not going to be able to do it on our own. lit it will have to be done in the car. even thinks they can do it. ahead t labels that may be lulling you into an unhealthier lifestyle. and a massive whirlpool that could swallow a boat. what's behind this

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a swirling vortex is getting big enough to swallow a whole boat but they said it's no worriy. it's like water in a bathtub. it reached record levels. i think it's cool and crazy at the same time. >> what a phenomenon. this morning those that are running for president. you're watching "cbs this morning". ♪ expected wait time: 55 minutes. your call is important to us. thank you for your patience. waiter! vo: in the nation, we know how it feels when you aren't treated like a priority. we do things differently. we'll take care of it. vo: we put members first... join the nation. thank you. ♪ nationwide is on your side ♪ at subway, we begin with freshly-baked-bread; then combine tender turkey-breast, with robust, spicy, melty italian favorites;

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good morning. 7:56. i'm maria medina. the bathrooms may open under in the underground bart stations. they were closed after 9/11. a proposed plan would make them unisex. the death of a man at a contra costa county gun club appears to be an accident. sheriff's investigators say it happened just before 5 p.m. yesterday at united sportsman. coming up on "cbs this morning," forget bumper stickers and buttons. presidential candidates are getting creative with campaign merchandise. and it means big bucks. a closer look at the new products. and, of course, traffic and

good morning. i'm liza battalones with your "kcbs traffic." a motorcycle accident highway

37 in the westbound direction near lakeville has at least one lane of traffic shut down. slow traffic at this hour for the commute direction leaving vallejo bound for novato. bay bridge toll plaza that's still crowded through the macarthur maze. it's been a slow morning there. we haven't had any accidents or stalls for the bay bridge. just a lot of traffic. again, the metering lights are on as you drive out of oakland into the city. westbound at the san mateo bridge, that's going to be crowded now in pockets from clawiter approaching the toll plaza. here's roberta. >> let's head to the city by the bay, the city of san francisco, where currently the skies are clear, the coast is clear, as well. good morning, everybody. look at the blue skies and notice how warm we are already this very early hour. 67 degrees in concord. 69 in livermore. this is a rapid warmup. today's numbers near 70 in pacifica. near 80 around the central bay. 80s 90s peninsula through the 90s in the santa clara valley to the triple digits well way from the bay inland.

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good morning to our viewers in the west. it's thursday june 25 2015. welcome back to "cbs this morning." there's more real news ahead including the one word that could undermine your weight loss goals. dr. holly phillips looks at the power of food lablts. first here is a look at today's "eye opener at 8." with this legal threat cleared, the affordable care act, the president's signature achievement will remain in place. gene palmer was released from jail earlier this morning. if convicted, he could face up to seven years in prison. i was stunned, no legal ex- expert expected him to speak at all. tsarnaev will join dozens of other inmates on death row and could be there for a long time.

with the long hot summer ahead and tinder dry conditions. california firefighters could be stretched to the limit. video chatting. here i'm doing it safely from the passenger seat. this would take distraction to a whole new level. shoppers have joked that whole foods should be called whole paychecks. it turns out some items may have been unfairly marked up. >> makes me want to weigh it. >> excuse me sir. it's too much. >> i would like a refund please. queen elizabeth may be forced to vacate buckingham palace while it undergoes renovations. >> according to british royal tradition, that can mean only one thing, road trips! >> announcer: today's "eye opener at 8" is presented by choice hotels. i'm charlie rose with gayle king and norah o'donnell. the supreme court in the past hour upheld a major element of

obamacare. the justices ruled 6-3 that the federal government is allowed to give subsidies to health insurance buyers under the affordable care act. the ruling affects more than 6 million people in 34 states that do not have their own insurance exchanges. chief justice john roberts and justice anthony kennedy join the course for liberal justices. in his opinion he said the affordability of insurance under obamacare should not depend on where you live. he said congress passed the law, quote, to improve health insurance markets, not to destroy them. a second new york prison employee accused of helping two escaped prisoners plans to plead not guilty today. gene palmer is charged with delivering tools and taking the men into off limit areas. >> fellow suspect joyce mitchell said she put the tools inside frozen packages of meat. palmer's lawyer says he never

knew they were there. the manhunt continues this morning 20 miles west of the prison. police think sweat and matt may have stolen a shotgun from a cabin where they stopped a few days ago. boston marathon bomber dzhokhar tsarnaev will soon head to federal death row. he spoke at his sentencing yesterday and told victims of the attack that he's sorry. boston globe columnist watched tsarnaev's sentencing. he covered the case from day one and joins us from boston. kevin, good morning. what were your impressions when he spoke? >> the first thing i think that struck most people in the courtroom, norah, was the accent. it was an effected accent something we had never heard before. if you talk to people who knew dzhokhar tsarnaev before this he did not have an accent he had quite a noticeable accent yesterday as he spoke. >> what kind of accent? >> i'd say somewhere -- it was somewhere between russian and maybe somebody who spoke if

arabic was their native language. it was definitely affected and it struck people. nobody expected that. the words weren't as unexpected as the accent. >> the reaction among the victims and people who said they did not want to be considered victims by him? >> charlie, it's like we in our businesslike to deal with monolith. there's no monolyth when it comes to the survivor community. i think mostly what i detected was skepticism and questioning where was this before why did we not see this before. and a lot of folks are saying do i trust my eyes as having watched him throughout the trial or do i trust my ears having heard what he just said. so you're going to find a real division of opinion among the survivor community. >> is there any idea who may have influenced him to do that? >> reporter: not really. it was outside -- i was outside federal court after that and just bumped into a number of lawyers who were in court on other business. they were all surprised.

their sort of opinion was, i wouldn't let my client say that. you have to remember that they are now going into a series of appeals to save his life. and so when you have -- they during the trial his lawyers and he now in his apology admitting guilt and saying i did it, that does definitely affect the appeal down the road. >> one victim impact statement is getting a lot of attention, rebecca. >> she lost part of a leg but not of her spunk. i talked to some of the survivors who watched this in a courtroom which is reserved for them a video link. and when rebecca spoke, they cheered. and i think they cheered for two reasons. one was she said "i am not your victim." the other thing rebecca focused on is whatever evil whatever bad or the horrible things that

were unleashed by that bomb were quickly over come by good and she told -- you're not -- technically you're not supposed to direct your comments to the defendant, but she did her thing and said long after you're gone we will not remember you, but all the good that came out of this will carry on. there are many foundations that have been created for and by survivors. they will go on for generations helping people. i think that really resonated with people. it was a positive note, and she delivered it in her ini'mable style. >> kevin thanks so much. president obama faced off with a rare heckler inside the white house. >> president obama -- >> hold on a second. okay. you know what? >> [ inaudible ]. >> no, no no. >> the back-and-forth went on until the president lost his patience. the protester turned out to be

an undocumented transgender activist upset about immigration policy. >> listen you're in my house. you can either stay and be quiet, or we'll have to take you out. as a general rule i am just fine with a few hecklers but not when i'm up in the house. >> he said you're going to come have hors devours and drinks behave. >> the heckler was eventually removed and the president continued his speech at the lgbt event. >> heckling, just not in his house. so-called fitness food could be putting you in double jeopardy. dr. holly phillips is in our toyota green

>> announcer: this morning's "eye opener at 8" is sponsored by choice hotels. you always have a choice. .

one of the best wave surfers in the world had a near-death experience. now he has a new mission. ahead, how he wants to change the way people ride the waves forever. you're watching "cbs this morning." morning." you're watching "cbs this g."

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in our "morning rounds," a study warned slapping the word fitness on food labels may cause you to east more but your exercise less. holly is here to show us the hidden power by the food labels. >> people are influenced by what people see on the labels. >> very much. what struck me is one of the clearest reminders we should never allow ourselves to underestimate the power of marketing. so basically if marketing plans and fitness and health is a popular vat gee. the researchers wanted to know

how it affected us. they took two groups of people and gave them trail mix, the same tail mix. one got trail mix labeled simply trail mix. the other group got the same trail mix labeled fitness snack. overall, for people who were trying to lose weight those who ate the fitness trail mix ate much more even 100 calories more in one sitting. >> and exercised less. >> they did. after they had the trail mix, they were offered stationary bikes. the people who had the fitness trail mix exercised for less time and less intensely. in part it comes down to what we call the health halo where we tend to over-indulge and take in more calories if we feel that the snacks are healthy. to me it kind of exposed this insidious way that labels gives people who are trying to lose weight a false sense of security. >> this happens the freshman

year in college wen we put on the freshman 15. my girlfriend said i can eat the whole thing of intoentenmann's doughnuts because it says sugar free. you get so influenced by the labels. >> maybe the label people are tricking us, holly. >> they certainly are and they're moving products. it's good for our bottom line not so good for our bottom line. >> my point is maybe they ought not to do this. how can we avoid this? >> it's hard not to be influenced by advertising. hush charlie roads. holly understood what i was saying, didn't you holly? >> i completely understood stood it. >> how can we avoid it? >> we need to look at the labels closely. because it says gluten free orestes ganic or healthy doesn't mean it doesn't have sugar and fat. >> the label is not an excuse not to exercise. >> absolutely not. you see these athletes and everything on the cover.

>> eating less and exercise are two separate things when you should do both. >> so the bottom line skinny girl doesn't mean you can eat the whole thing. >> maybe after 6:00. 2016 presidential hopefuls in both parties are taking a queue this morning from president obama's playbook. the multimillion dollar business of online campaign stores. see how it's paying off with more than money. that's next on "cbs this morning." >> announcer: cbs "morning rounds" sponsored by coppertone sunscreen. copper tone sunscreen. from harmful uv rays. game on. coppertone sport. [narration throughout] i started my camry. ran a race most wouldn't dream of starting. chose to take down a monster. and realized when it's dark enough...

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politicians are profiting, there's a lot more to campaign than meets the eye. it goes beyond job slapping it on a t-sirt. t-shirt, campaign swag has turned into a money making and data collecting enterprise. >> banners and bumper stickers

and buttons. instead of i like ike, it's all about i like mike. campaigns need to think big and get creative there's already an online arsenal of goods, you've got cruz zis and filibuster starter kit and this future voter onesie on sale for 25 bucks. >> we want to engage people any way we can. >> the merchandise is a must it's a way to have fun but the kichy pant suit piece and needlepoint pillows spell big time cash. >> mostly it's a way to show support but to do it in a creative way. >> when you buy campaign gear you're making a campaign donation. in 2008, the obama campaign revolutionized the practice. they made each perfect a 100% donation to the campaign in

2012, they perfected it into a money making machine with hauleding in tens and millions of dollars. >> $40 million? >> just about $40 million. >> just merchandise. it's amazing to think about how much we made off of merchandise. >> megan was the campaign director of marketing and merchandising, obama gear showed them the money and something else that was just as important, a treasure trove of voter information. >> we would learn a lot of information about their shopping habits and that way that would kind of tell us more demographics and what people in the demographic and that area like. >> republicans took note after 2012, mitt romney's campaign launched its store late and only raked in $15 million in sales. >> in this day and age, you have to have a robust -- >> the national committee spokesman conceded it has been a bit stale but catching up quickly. >> you're helping sell a message

and providing data and hopefully getting more people excited about the campaign. >> sometimes going too cool can land a candidate in hot water when cbs news found out these rand paul ray bans were made without the company's approval the campaign pulled them after a very public cease and desist. even a faux pas like that can make a candidate money. >> just the exposure of the items sometimes brings in additional revenue. >> and the public relations booth counts for attack swag too, involving from these john kerry flip-flops which hit the candidate's record to a my high tech jab, with this hillary hard drive which promises 100% general erase clean e-mail server. ted cruz's campaign is playing it a little straighter slapping the cruz brand on hats to iphone cases a. a helpful assist to any candidate short on name recognition. rick tyler is the campaign

spokesman. >> that voter will not only wear that brand but promote ted cruz to their friends and family and their co-workers. >> campaigns are also getting smart with their sourcing. some ted cruz merchandise comes from red states like utah and georgia. cruzie from the home state of texas. the clinton campaign supports women and minority owned companies in the u.s. and gayle the glassware, it comes from the very important state of iowa. >> there's a strategy. thank you. there's so much more when you >> very interesting. >> very smart. >> we too can get a life sized cutout of a candidate. throwing it out there. we thank you again. is there a gender gap when it comes to apologies? the writer of a popular new york times article women say sorry way too often. in studio 57 with her unapologetic reasoning. orry way too often. he we'll introduce you after the local news. reasoning. we'll introduce you when we come

back. we'll be right back. good morning, everyone. it's 8:25. i'm frank mallicoat. time for news headlines. flames scorched 500 acres in antioch. that fire 90% contained now. evacuees in the area have been allowed back into their homes. but a close call. the supreme court upholds obamacare's subsidies. the decision was announced this morning so that means residents in states without their own healthcare exchange can still get federal tax credits. and straight ahead on "cbs this morning," surfing sustainability, the new wave of the centuries old support. inside the lab making surfing equipment more environmentally friendly. that story and your traffic and we

good morning. i'm liza battalones with your "kcbs traffic." traffic along the eastshore freeway has improved westbound 80 no locker delayed approaching ashby avenue. but as you make that curve over to the bay bridge toll plaza, this is what awaits you. traffic is backed up from the foot of the maze with those metering lights on. the actual bridge commute on the bay bridge itself has been holding steady with no accidents and no stalled cars as of yet. but take a look at northbound 880. that's stacked up solid approaching and passing high street. it will be very slow as you

make your way through the oakland area. and the 580 commute leaving the altamont pass that's going to be slow from beyond the 205 interchange still very heavy through the livermore valley approaching pleasanton. bart is on time. you're having a great morning. no problems for all mass transit. here's roberta. >> it is live it's our weather camera looking out towards the coast where we just have a really thin layer of looks like one or two clouds. that's about it. otherwise, visibility is unlimited. the coast will be clear today with temperatures soaring into the 70s. right now, we are already at 67 degrees in concord. 69 degrees in livermore. here's how we are going to stack up with your temperatures, 60s and 70s at the beaches. central bay numbers into the 70s. 80s and 90s peninsula. 90s to 103 inland. 100 concord, 90 fremont. 102 in livermore. temperatures today in the north bay up to 95 degrees.

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look at washington, d.c. that's a pretty pick. welcome back to "cbs this morning." coming up how many times do you say i'm sorry. you need to dial back the apology reflex. she's in our toyota green room with when how much is too far. how to make an intoxicating sport less intoxicating. that's ahead. "the wall street journal" says chinese billionaire jack ma

bought a sprawling real estate worth $28 million. ma is the co-founder of ecommerce alibaba. he bought the property for conservation pufrpss but plans to use it as an occasional retreat. apple niece's streaming service scored a new big one. pharrell. this is big news. ♪ hold on to me ♪ ♪ don't let me go ♪ >> apple music launches next tuesday. >> that's a big deal. the "san jose mercury news" says the bold 50. they got a behind-the-scenes the action

right here on cbs. >> we'll be going. >> absolutely. >> a tradition like none other. >> i'm excited. our partners at cnet shows how streetview scaled el capitan. google relied on a team of experienced climbers to record the 3,000-foot ascent to the top. >> that's s so cool. "times" said 2015 will go down down as the year of the gender-neutral baby name. some top examples amar'e karter phoenix, andquinn, and reese. the president of germany presented her with a painting during her visit of berlin. it shows a young elizabeth on

horseback and her father holding the raines. she reacted with disdain and said, quote, is that supposed to be my father? >> never good when giving a gift to say blue is an unusual color incess anne performed the investiture. we spoke to him after the ceremony. >> my mom didn't know which way to wear her hat this morning. itit's a n nice thingng foror myy paparents.s. i fefeel very,y, verery luckcky. >> thehe 3636-year-r-old w was thehe leleading g comicc actoror i in the uk.. he eararnened internrnationanal acclalaim inin 20111 foror h hisn, two governors."

it became a broadway hit. he took over the "late show" in march. what great thing. >> do we have to call him sir james corden now? >> no. i think we still call him james. >> reporter: nearly three months ago we brought these harrowing and heartwarming incidents in oklahoma. firefighters rescuing 60 girls when a tornado destroyed their dance studio. they god a chance to thank the firefighters. a nonprofit group helped to find a new gym home. >> to have them smiling, high-fiving us knowing they're going to be okay. >> reporter: the aim high academy which helps at risk kids moved into a temporary studio earlier this month. the comedy series "inside amy schumer" recently poked fun how women constantly apologize, it was hilarious, no matter how

much fun they have. >> this is the water system -- sorry. >> you do need some water. >> great. >> if you can. thanks. no worries. >> i'm sorry. >> i'm sorry. >> i'm sorry. no, can you -- can i actually have a water? sorry. i'm just allegic to caffeine. please, go on. why women apologize and should stop. opinion writer sloane crosley is the author. sloane, good morning. >> good morning. >> so this has really struck a chord because women recognize they do it far too often. >> they have. i think as you saw in the clip i actually personally knelt there was an extra thing to be written

about it when i had an experience recently that i think a lot of us have probably had where i was in a restaurant. i took a bite of sandy food that should. have been sandy. asked for it to be sent back apologized. was not apologized to. apologized and apologized again when as a veg tear yab a dish of bacon was brought back to me and apologized a third time and in the confusion i realized i lost a fork and i had to go into a kitchen because i couldn't get a waiter's attention. i thought the entire time i'm saying i'm sorry when i don't think i mean it. >> so why do women do it? >> i think part of it is sort of a -- >> why more than men? >> why more than men? >> start with why do we do it? >> i would guess we do it as kind of -- something left over from having to get what we want. the conception of politeness that's sort of inex-stringably

tied up with it. the schumer sketches aim eight why do we make ourselves smaller. it's a wonderful sketch but there's sort of an added element to it as well. >> is politeness a bad thing? >> no. it's great especially when it's warranted and there are other ways to be polite. i'm sorry, i'm sorry is an acknowledgement of offense. and the way we use it in our culture has sort of an imbedded or inexplicit lobby for forgiveness. is that really what you're asking someone? i'm sorry so sorry but could you please tell me where the hardware section? ? >> here's what you say. every day we see more apologetically self-assured females yet their pros station seems only to have increased whiechl is that. is there an apology for being assertive, successful asking for a raise? why is there --

>> sorry. i think that we -- >> you did it. >> by the way, that was a natural. i do it four times before i leave the studio. it's hard to weed out. i think that one of the things is we're doing it to try else. that's the thing. if it's for plightness, this's wonderful. if you feel like you've offended someone, you should apologize but if you're doing it to try to trigger yore point to get someone to say why are you apologizing, i should by b apologizing, guess what it never works. >> really in part it seems to me it's a sense you're not really asking for an i'm sorry but i'm sorry has become a word we've used to make another statement. i know i'm interrepresentupting you but -- >> i know i'm interrupting you but it's sort of a trojan horse for annoyance and that's what

makes it a slightly different breed than the wi i hear in the amy schumer sketch although i hear that. it's like saying is there something you want to say to me? >> there's different kinds. >> some are assertive. that's the thing. it would be so great if we were just assertive instead of apologizing. >> there was a fly. we've got flies. >> which she did not apologize for before she murdered. >> i know in the past 24 hours if i've had to actually apologize for asking for something or inconveniencing someone i've had to apologize, no, i really am truly regretful that i have to inconvenience you. >> thank you. it's a very good article. >> thank you so much. a seaseachange could help change the planet. >> sea surfers would like to think they're environmentally friendly when in reality everything in the oceanering we

use from wet suits to surfboards are toxic to the environmental. now there's something sustainable and it's a surfboard made from algae. that story is coming on u

almost 50 years ago

audiences first saw the iconic surf movie "the endless summer." it follows daredevils around the world in search of the perfect wave. in august the smithsonian will honor "the endless summer" with a special skpisht bum this morning carter evans shows us how the surfing industry is taking us for a ride. >> reporter: it's a sport often zreebed as spiritual. about as close as you can get to being in synch with mother nature. >> when i'm in the ocean, i feel i live. that's something that so resonates in my soul that it literally lifts me up. >> reporter: it may come as a surprise that tools of the trade are actually toxic to the environmental. they've been made with harmless

petroleum-based products for more than 50 years. >> there was no conservative. this is what the surf bods were constructed of. you either road one of them or not. >> reporter: greg long is one of the best surfers in the world. in 2014 he won bill a bopg's ride of the year. but on this day long joined me in san diego and surfed only a couple of feet to try out the first surfboard made of algae. >> part of the exciting thing is testing these new ideas, equipment, advancements, and technology and making a difference in the future. >> it surfaced after a terrible accident in 2012. he nearly died surfing a giant wall of water at cortez wave. the waves trapped him 30 feet below the bottom of the surface. >> they pull med up and i was

completely stiff and unresponsive. >> reporter: since that incident where you pretty much drowned you kind of have a new purpose now. >> i see that as a new event. that forced me to look at my life. what is it that you really accomplish while you're here. the platform i've established myself felt like i could have contributed, you know, a lot more. >> reporter: so long team one a nonprofit called sustainable earth urging lovers of the deep blue to go green. it's the brainchild of a man concerned with climate change and an entrepreneur. >> what if you had to use surfing culture, beach culture to sustain it that would actually do some good. >> reporter: they worked with manufacturers to find ways to replace toxins like pollure thain and polyester rosen. >> it's not rocket science,

right? >> reporter: this public quid is where science meets the earth. a california algie plant. >> they use oil to row place the chemicals. like me he's a surfer. >> i believe they're going have a soul and i think they're going respond differently. >> reporter: long says eco-friendly boards perform just as good or better than traditional surfboards and only costs a few dollars more. >> it's hard to believe it's made from a plant. >> it's hard to believe, right. >> reporter: but it's more than a board. if there the sand to the sea it's a change. it encouraged recycling styrofoam into new material called blank. there's a new company replacing knew oh preen with a product made from desert shrubs.

>> what we want to do is have surf being the poster child of a sustainable life. they'll see surfers and they i want to do that. >> reporter: today's ocean activists are hoping to inspire the next generation to cherish and protect the coastal environmental. and with surf legends like long on board the industry is paddling in the right direction. how long will it be before we see you surfing an ecoboard at a place like maverick? >> i think by the time winter comes around i'll have one or two and have a go. >> reporter: for "cbs this morning," carter evans, san diego. >> that's terrific. either of you guys surf? >> i do. >> you do? in a sweat suit? >> no. i grew up in virginia beach

during the summer and would serve there. >> that's cool charlie. >> you were being polite when you looked at me because the answer is no. thank you for including me. okay. coming up, a trio of triplets. up next, a maternity ward where good things just keep female announcer: when you see this truck, it means another neighbor is going to sleep better tonight because they went to sleep train's ticket to tempur-pedic event. find the tempur-pedic that's right for you and see why they're the most highly recommended bed in america. plus, get three years interest-free financing.

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one hospital in california is seeing a bumper crop of babies. not one, not two but three. a mom said she was shocked when she got the news. >> probably all i could do for an hour after was just laugh his takely. that was it. i could not process all the information. i just bought a nice little car and three. we had expected one. >> the hospital said all nine of

the babies are doing fine. >> she said she's going to need three. that's a lot of work. >> that does it f

good morning. here's some of the headlines we're following. firefighters are putting out hot spots in los gatos right now after an early-morning fire burned two acres there. the fire is in a remote area near the guadalupe reservoir. no word on how it got started. and the bathrooms may open up in the underground areas of bart stations again. they were closed after 9/11 for security. proposed plan would make them unisex. and investigators believe the death of a man at the contra costa county gun club was accidental. a 64-year-old man was shot at the united sportsman between concord and bay point. and get your ac ready to rock and roll today. that's a hot one, roberta. >> certainly it away from the bay where for the first time this summer season we have

temperatures in the low 100s. this is a look toward mount diablo one of the hot spots at 102 degrees. rate now we are already up to 69 degrees in livermore. 67 in concord. 65 in mountain view. later today, from the 60s and 70s at the beaches to the triple digits away from the bay inland. 90s across the santa clara valley. 80s and 90s to the north of the golden gate bridge. hot today but about 10 degrees cooler for your friday. as we have a little bit of dent to the ridge of high pressure. saturday and sunday more seasonal. hotter on monday and tuesday. then cooling on wednesday. a look at the morning commute with liza battalones that's coming up next. on his quest, jack searched the globe for a flavorful spice coveted by kings and sultans. at last, he found it.

exotic black pepper. jack knew what he had to do. trade his most beloved possession. and that's how far jack went to bring you the black pepper cheeseburger. black pepper cheese and peppercorn mayo. the black pepper cheeseburger. taste it before it's gone.

good morning,everybody. i'm liza battalones with your "kcbs traffic." delays along southbound 280 following this morning's accident southbound at sand hill at least one lane of traffic shut down traffic slow approaching the scene. it's also causing a backup in the northbound direction. 101 delayed as it usually is for that southbound ride leaving men towards palo alto. now, the san mateo bridge that's still holding steady with westbound traffic. it's moving well at the toll plaza. expect slow traffic approaching midspan. female announcer: don't miss sleep

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you've won a car! (screams) you're going to miami! man, how you doing? (giggles) jonathan: it's a designer watch. (screams) - oh my gosh you're so beautiful. - i'm going to go for the big deal! jonathan: it's time for “let's make a deal”. now here's tv's big dealer wayne brady! wayne: hey, everybody, welcome to “let's make a deal,” thank you so much for tuning in, i'm wayne brady. who wants to make a deal? (cheers and applause) you do. come here, you. come here, courtney. everybody else, have a seat. hey, courtney, how are you doing? - i'm great, how are you? wayne: what are you dressed as? a gypsy with-- - a gypsy, queen of the nile. wayne: gypsy, queen of the nile. i have been reading the wrong history books.