rriages after the u.s. supreme court declined to block the state from issuing marriage licenses to gay couples. >> it is unbelievable. i think it is just now hitting us this is really going to happen. it's amazing. i'm really proud of alabama today. >> but marriage equality isn't coming to the heart of dixie without a fight. judges in small towns backed by local officials are openly defy defying a federal judge's ruling. roy moore ordered local judges not to issue marriage licenses to gay couples in the state. in 2003 he was removed from office for refusing to remove a monument of the ten commandments

from his court. alabama governor robert bentley sided are judge moore. i'm disappointed that a single federal court judge defied to follow the law. according to the human rights campaign, as of this afternoon, judges in at least 44 counties have refused to issue marriage licenses to same sex couples. joining me now is the legal director for the human rights campaign and nbc news justice correspondent pete williams and chuck dean. chuck, let me start with you first in terms of what is happening in alabama at this hour. 42 out of 67 counties, judges are not issuing same-sex marriage licenses. how surprised are you? >> not surprised.

if there is a surprise it is as many as 20 24 have issued licenses. in the old days almost none would have. today some have. it is primarily in the larger population centers that we're seeing that. it is not surprising in the smaller, more rural church communities of the state you would see resistance like this. >> in terms of the judicial system what happens next? >> a couple of things are happening. number one some lawyers for gay couples are going to the same federal judge who struck down the state's ban on marriage and asking for contempt of court citations to be issued.

back to alabama, it is one thing that roy moore says that is undisputabley true. the judge's ruling binds the state attorney general, but it doesn't behind the judges that issue same-sex marriage licenses. the judge's ruling is to be considered definitive on the issue of federal constitution. that's where the rattle in the system is. >> how unprecedented is this where you have you know the supreme court trying to uphold one ruling, a state judge doing another thing? give us a sense of how unusual this is. >> in the modern era, it is extremely unusual that a state

supreme court justice would essentially order those who are responsible for carrying out the duties of the state to ignore a federal order of the court. >> abiding by judge moore's suggestion directive, to what degree is that unprecedented? >> justice moore did issue an order, so it does have some legal precedence, but the truth of the matter is the federal court decision outweighs his edict. therefore all of these probate judges who are refusing to issue marriage licenses to same sex couples are in contempt of court and risk being cited by the federal court system. >> in terms of roy moore, he is no stranger to controversy in the state of alabama. how much of this do you think is

about politics? >> all of these probate judges are elected. some of them are well intentioned and sincere people who believe this action is wrong, conflicts with their bible. many, i suspect, are politicians who are nervous to show up in their churches on sunday having followed the federal law. roy moore has run for governor twice. the people of the state have rejected him twice. he has himself disobeyed a federal law and lost his seat. alabama still remains a very conservative place, but not as conservative as it once was. what is interesting today is that you don't see -- while you see more resistance than compliance you don't see whole resistance in this state, and the governor will not back moore in terms of putting teeth into his order because the governor said this afternoon that he

would not attempt to impeach or remove probate judges who followed the federal court order. >> in terms of judicial elections, 38 states have some form of election and alabama is one of seven states that has partisan elections. how much of that is a pattern that is repeated across the country? >> certainly when judges are elected, they pay attention more to the thoughts of the general public rather than always 100% to the rule of law. on the other hand we have seen other states that are quite conservative where these issues haven't cropped up in the same way when the federal courts have ordered compliance with marriage equality. they follow through, including places like oklahoma south carolina utah even where continued legal battles rage on.

those individuals who are responsible for issuing marriage licenses are complying. >> to the question of state marriage bans 26 same-sex marriage bans have been overturned by federal judges. this is a huge part of the story in the growing movement of marriage equality in the u.s. a lot of this is judges striking down state imposed marriage bans. how much of that is a tipping of the hand? how much do you see that as a sort of indicator as to where the highest court in the land may go when they take up the issue later this year? >> i would set aside that 26 states have made those decisions. on the supreme court, it is interesting that the court, having agreed to the same-sex marriage issue nationwide says we're not going to put a hold on

alabama while we're going to be deciding this in june. the fact that the court didn't stop marriages there is a sign perhaps that the court is not going to stop marriages when it rules in june. if there was a feeling in the supreme court that they were going to rule against same-sex marriage you would think they would not allow these same-sex marriage marriages to go ahead. two of the courts conservatives said many will see this as the courts doing this because the conclusion is inevitable here. >> chuck, you wrote about the issue here that we're talking about in the context of alabama and george wallace and the desegregation of schools in the state and how troublesome this issue of civil rights has been in terms of alabama's history on race. how much do you see the debate

on marriage equality as a continuation of issues that alabama has had on the subject of equality? >> alabama has been slow slow and slower to change historically. we all know the wallace story. the governor in our state has been under pressure to play the wallace role in recent days. he did not play that role. he's having some success with some probate judges. it is not surprising. alabama is slow to change. change comes hard here. but even on this issue, i think many of us would tell you we have reached a point in this state where there has been a change on this issue of same-sex marriage that has come faster and quicker than i would have expected just a few years ago, but judge moore not a change agent. >> yes.

>> what he did today is completely predictable to anyone who has watched his long career. >> yeah, judge moore is not a change agent is the understatement of this hour. thank you for your time. after the break, to the extreme. while boston has gotten over six feet of snow in the past month parts of the midwest with baking in record high temperatures. up ahead, we'll show you pharell's dramatic statement at the grammys. the true crime podcast with a cult following. all of that is ahead on "now."

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a record-breaking winter brings another wallop to the northeast. the third snowstorm is sweeping across the northeast today bringing snow ice, and the dreaded wintry mix from the great lakes to new england. this storm system has dumped over a foot in boston since saturday. boston has been socked with over 60 inches of snow since january 9th. meanwhile, records are melting in the midwest. el paso texas, wichita, kansas and boise, idaho, are among the cities that set record highs

yesterday. it was the fourth day of consecutive highs for salt lake city utah and spokane, washington. if all that weather is not wild enough for you, meet the pineapple express storm. it has been lashing the west coast. another several inches of rain is expecting today in areas that have already seen severe flooding, mud slides and power outages. the day's long deluge is not enough to alleviate the drought conditions in 40% of california. if only boston could ship precipitation out west because it has snow in spades. we hear that you are at what is being called a snow farm which i think a lot of us didn't realize existed. what is a snow farm and how is it being used in boston?

>> reporter: good afternoon to you. 73 inches of snow here in boston. what to do with it all? that's the biggest challenge for them. they bring it here. this one 40 feet and higher. snow being trucked in here all day. they bring it here to the middle. then these tractors bring it over to the snow melter that you see over there. they have melters around the city that are melting this snow. you see what's happening. the melters are being brought in from out of state. they're also taking this snow to beaches south of here along the coast to dump it there. 73 inches of snow and counting. the governor says you could take all of this snow that fell in boston and fill gillette stadium where the patriots play 90 days. maybe they should have bid for the winter olympics instead of

the summer olympics. >> this is a fairly devastating cycle of storms for boston. the fact that the snow farms have limited capacity that the snow is being melted and taken to the beaches, not only is that a difficult thing to do. it is probably pretty expensive. do we have a sense of how the city governance is coping with this budgetarily? >> they have an $18 million budget for snow removal. they have already blown through that. it is affecting the economy. i was in a mall today. half of the stores were closed. no one was there. streets are empty. people are very frustrated. they are getting cabin fever. they don't know what to do except sit at home. the governor asked everybody to stay at home asked businesses to ask their employees to work from home. >> best shot of the day. thank you for your time adam.

with me now is dominica davis. going through the weather patterns across the country, it seems erratic at best. >> we do have that ridge in the high and the trough in the east. the cold weather is sitting over the east. we have been seeing these clippers come one after the other after the other. that's the setup that has been punishing the new england area. this is by far the most powerful. right now, looking at the radar, we have getting a much needed break in hartford and boston. the worst of it is starting to wrap up now. this will all be said and done by tomorrow morning, but already an additional foot in boston. they have been all picking over

a foot. it has been terrible. we're still looking at additional snowfall totals before this is done on tuesday morning. could see up to 6 inches in boston, 5 inches in hartford. they already have over the past 30 days six feet of snow. we're talking a lot of snow here and yes, we could be looking at another storm by the end of the week. here's a look at the winter storm warnings and advisories. they push out west through albany and syracuse. through new york and philadelphia, it hasn't been snow, but it has been a wintry icky day with a lot of ice and winter weather. different problems as that snow is staying to the north. here's a look at the temperatures. the temperatures out to the west, unusually warm. phoenix, 78 degrees for the current temperature. southwest has been running about 10 to 15 degrees above normal. that trend will start to weaken as we are looking at another

arctic blast that is coming in to the picture. here it is on tuesday. you have the zeros, tens. this is all starting to feed in from canada. as we get into wednesday and thursday, that cold air is going to seep even further south. texas and the desert will start to get in on the cooler weather as well. it is going to be the strongest from the ohio valley off to the northeast. this is going to be dangerously cold as we get into thursday friday and even saturday. we'll be looking at the coldest weather of the season. we say that every week but we'll definitely see it on friday. especially saturday. the new england area could be looking at temperatures in the single digits come saturday morning, so this is going to be cold. with that french snowpack it is certainly doing to be very dangerously cold with windchills as well. there's that storm. that's the pineapple express causing more rain for the pacific northwest from seattle

all the way down to medford in the northern portion of california. there you have it, alex. >> pineapple express storm system is awesome. we could just keep saying that through the hour. thanks dominica. coming up a ten-time grammy winner uses music's biggest stage to take a stand against injustice, and no we are not talking about kanye west. that is next. toenail fungus? don't hide it... tackle it with new fda-approved jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. once applied jublia gets to the site of infection by going under, around and through the nail. most common side effects include ingrown toenail, application-site redness itching, swelling, burning or stinging, blisters, and pain. tackle it!

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tribute in the song "happy." ♪ pharrell's public and political performance in the hands up don't shoot gesture, comes as the black lives matter movement has spread across the country in response to the deaths of trayvon martin and michael brown. he died six months ago today. just ahead, how to stop vladimir vladimir putin. they're getting creative. that's next on "now." each brita filter can replace 300 of those. clean. clear. brita water. nothing is better.

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fails, what i have asked my team to do is look at all options. what other means can we put in place to change mr. putin's calculus? and the possibility of lethal defensive weapons is one of those options that's being examined, but i have not made a decision about that yet. by the time a decision is made at my desk someone else would have solved it. the escalateing violence in eastern ukraine is just one of several crises confronting this president. while today's message was delivered from the white house

podium, the president is also sitting down with new media outlets buzz feed and vox to get his message out. >> what i do think is accurate in describing my foreign policy is we don't have military solutions to every problem in the 21st century. the biggest challenge that we have right now is disorder. ending two wars was important not because i was under any illusions that that would mean we wouldn't have any terrorist threat. it does mean by not having 180,000 people in iraq and afghanistan, it frees us up to spend people to deal with ebola. there's not much we can do. it is just a realistic assessment of how the world works. >> joining me now is sam stein and editor and chief of vox dot

com, ezra klein. the vox interview was one of the most visually arresting that i have seen so congratulations on that fact. >> thank you. the designers who worked on it did an unbelievable job. >> very necessary with someone like the president who has a tendency to go on very detailed thoughtful, long jags in response to questions. let me first talk about the president in the context of today's events foreign policy. he seems to reject the binary choice between realism and optimism. at the end of the day, i still feel like he is more realist than he is idealist on foreign

policy. >> that's definitely right. it depends on how you define idealist. in recent years, it has become merged with sort of a taste for humanitarian intervention. in a broad way, i think obama has sort of an undoctrine doctrine, that a lot of his thinking on foreign policy is not about what we need to do but about what we shouldn't do how to avoid a category mistake that washington makes over and over again. you see it actually around russia and ukraine. i think that obama recognizes that probably the worst outcome of all here for america is too much entanglement in this problem and there's a lot of sort of energy behind getting

him to take stronger stances than he feels comfortable taking because he doesn't want to follow through with them in putin reacts irrationally. >> there you go. >> i think ezra is right. the sense you get is that it is two fold. one, they don't want to rush into anything without knowing what could happen on the other side. it was a couple years back that the president was in another one of these interviews talking about one of his foreign policy regrets. he hadn't planned for a post-u.s. presidency in libya. they had looked at it in the short term and said we could

intervene, we can stop ka dahadafi. he looked at that and said we shouldn't do that again. that attitude has dominated the administration. another thing you get from this administration is they feel like if they jump into the fray early and by themselves it is an invitation for every other country to free load. this is america's problem. we don't need to contribute to it. whether it is u.s. weapons or trading and giving weapons to ukraineians ukrainians. they don't want the rest of europe to think they can offload this conflict to the united states. >> we're talking about this administration and this

president on the subject of foreign policy and undoctrine. his domestic platform lately has been all the shoulds and sholduld not. i wonder whether you think the idea of an undoctrine holds true for his domestic policy agenda. >> i think he has a very clear direct theory of what are, in his view the problems in the american economy and the problems in the american safety net and government functioning. in a lot of the cases, he has had very clear plans for how to address them. that distinction between the foreign and the domestic makes sense. america has substantially more control over what happens in our

own borders than we do over what happens in iraq or the ukraine. you have conservatives who are seen as a party skeptical of the government's ability to effectuate the outcomes it tends to have happen and they are much more confident in our ability to execute foreign interventions that will end up with precise outcomes. liberals tend to be more stereotyped as being much more confident in government outcomes domestically, but a lot more skeptical that america can have the effect it wants to have half way across the world. or at least have been recently. >> to that end with how the white house feels comfort in certain areas, it is worth noting we were talking and showing an interview that the president had with vox.

tomorrow he's doing an interview with buzzfeed. this choice he explained to ezra in terms of why he has chosen some these outlets -- my advice is to bypass traditional venues that create divisions and choose ones that are quirkier. >> there are different mediums out there. the traditional way to communicate is obsolete. you can put him on tv. you can have him sit down with different newspapers. you would reach a very small section of the american audience. people are consuming news through mobile devices and other

outlets and mediums. it is incumbent to work with the media that exists. >> accepting the great questions that were asked, sitting down with youtube stars is not the same as sitting down with "the huffington post"." >> obama speaking with buzzfeed tomorrow. during the week of the super bowl he spoke to cnn. it's always been the case that presidents have gone outside some of the normal sort of

political venues to try to get their message out. i think the youtube interview is not a mockery. those are people with very big followings. they're trying to do something different than the four interviews that got scheduled with more mainstream political outlets. it is sort of a long running tradition in american politician that presidents do these appearances at venues that are meant to be reaching people that are not themselves highly interested in politics. >> if it takes two ferns to get the president on our representative outlets, we'll get those two ferns and sweetit between them. thanks guys for your time.

>> thank you. coming up, there is a new twist to a 15-year-old murder case that has riveted a nation in the podcast serial. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda. oh boy, this always happens to your father. you're clean. you got that right! bam! just gotta check your bag. huh, charmin ultra strong. you're cleaner than i thought. charmin ultra strong cleans so much better it meets even his highest standards of clean. with a soft duraclean texture, charmin ultra strong is 4 times stronger. and you can use up to 4x less. are you good to go hun? cleaner than ever. rotorooter approved. charmin is clog-free or it's free. ♪ nice! gr-reat! a shot like that... calls for a post-game celebration. share what you love with who you love. kellogg's frosted flakes.

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over 2 million people tuned into the true crime podcast serial last year. now the convicted murder featured in the series is getting a new listener, the maryland court of appeals. that's next. here's a look at how the stocks stand going into tomorrow. the dow losing 95 points. the s&p falling 8. the nasdaq dropping 18 points. that's it from cnbc, first in business worldwide. hey, girl. is it crazy that your soccer trophy is talking to you right now? it kinda is. it's as crazy as you not rolling over your old 401k. cue the horns... just harness the confidence it took you to win me and call td ameritrade's rollover consultants. they'll help with the hassle by guiding you through the whole process step

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this music -- >> an inmate at the maryland correctional facility. >> yes, i actually get chills. serial is not over just yet. over the weekend, a maryland court granted the man convicted of the murder at the center of the widely popular podcast an appeal to hear his case. he was convicted of the murder of his ex-girlfriend. he was granted the right to appeal on the grounds of ineffective counsel. during his trial, no physical evidence was presented that linked him to his ex-girlfriend's murder. his conviction relied on the testimony of his friend whose story has been thrown into question. a classmate claims she can provide an alibi for him at the

time of the murder. joining me now is chris hayes and mike peska. can we talk about this for the next four days? chris, as someone who has listened and thought about and litigated in the court of conversation this case how much of a window do you think he has in this appeal? >> i think ineffective counsel is a relatively tough bar, particularly i would say the fact that this was not -- there's a difference between not trying a case as well as you could have an ineffective counsel. that's the key thing to understand. the history of these appeals is the overwhelming majority of them do not work, so there is a real uphill battle. there are two or three or four

discreet things you can point to that says this was a huge screwed up job. his defense lawyer was suffering from illness and she was doing stuff that was making her less of an attorney. that could be effective if brought to bear. >> one of the things is the fact that his counsel never interviewed his classmate and got her to the stand. >> if you are notified of a possible alibi, you have to investigate it. end of sentence. >> full stop. >> full stop. >> you sound bullish that this could go somewhere. >> i do. i think that it could go somewhere in terms of him getting a new trial. this is not about whether she is

guilty or innocent. >> if there's two categories of you didn't do a great job or you are ineffective counsel, how does the law make the distinction? >> for instance, it is not just that she didn't investigate the alibi and she had the information. we all know she did not get a cell phone expert. she did not ask about a plea offer. >> the dna was not really -- >> there is all of this other evidence going on with the autopsy that people still do not know about and a pathologist. when you get a homicide the first thing you do is get a pathologist. >> there are so many unanswered questions here and some of them just lead to worm holes. you'll never know or it may not lead you to a murderer. what are the biggest questions as it pertains to his guilt or

innocence? >> a prior court said maybe that was part of a strategy. you would have to see that the lawyer considered it as part of a strategy interviewed her, and said she'll confuse the jury. she didn't do any of that. there's no scenario where this was a conscious strategy on the part of the lawyer. it seems gigantic. this is a fantastic story well told. it is great journalism. how many other cases are like this if you brought the scrutiny and the story telling skills? >> it is a huge question. is this a case of you took a very powerful flashlight and almost shined it at random? you found all of the complexities and shortcomings of the american criminal justice

system or is it something specifically screwed up about this case? we talked to the experts and we asked them -- >> spoiler alert. >> did we turn over a random rock and said this is what it is crawling underneath? i don't believe that. >> she represented another gentleman that went along a similar path of ineffectiveness of counsel. >> she was sanctioned. >> she was disbarred in 2001 before she died. >> that also complicates this. ineffective counsel is now deceased. >> shortly after this, she was disbarred. >> you raise an important question, which is does the fact he's getting an appeal does that make you have more confidence in the justice system or congrats npr podcast?

>> when they talk to their own police expert and they said was this terrible police work they said it was really terrific police work. >> we are going to expose everything. >> we'll continue to promote it through the hour. >> we need more of this. we need scrutiny. 15 years, there is such a gap in what we knew then and you add the time gap and so much uncertainty can be poured into that. i want more things like it. does the appeal show that justice is coming close? on npr today i heard an expert cite they're not giving him the appeal because they thought the podcast was so great. they're giving it because the podcast shook out some relevant information and media scrutiny. jurnl >> what happened here in

creating what was basically not a high profile case and making it high profile. all these witnesses started coming out of the woodwork. >> that's why it makes it less of a cold case because you still is the cell phone records and the towers and the witnesses, so you have the evidence to redo this trial. that's the problem with cold cases. we have it all, so we can do this again. >> let's assume nothing changes. he continues his sentence in jail. the family has had to revisit one of the most painful chapters probably, of their life. we're listening to it and talking about it because there is an high intrigue entertainment value. i wonder ethically whether the discussion alone is -- >> this is one i have wrestled with. i thought to myself i would make a joke about it because it

became this pop culture phenomenon. if you're the family of that friend or girl someone really died. the most horrible life transformational moment in these people's lives is the subject of this entertainment. there's the janet malcolm book. you take people's stories and you tell them in the way that is most effective to grab attention. your fidelity is to the truth or to those sources or those people's feelings. >> this is like another subject for a whole podcast itself. i think being an assassin to people's feelings there's an

obligation you have to integrity. >> sarah was extremely ethical to the podcast. >> i disagree with that. >> we are compelled not because we are ghoulish. this is the fundamental human drama, life and death. it is not the victim's family against the convict. the state has to get it right. >> we're doing a story in texas about someone that might be wrongfully convicted. we have been thinking about precisely these issues right? there is this question particularly with the victim's family is what is your duty as a journalist to them. >> thank you guys. be sure to catch the docket on friday, because things are going to happen there. >> of course. >> "all in" with chris hayes

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that's all for "now." "the ed show" is coming up next. good evening americans, and welcome to "the ed show" live from new york. let's get to work. >> it's not a sexy story. >> tonight, president obama sounds off on the biggest issue of our time. >> climate change is one that is happening at such a broad scale. >> clearly, we have had changes in our climate. >> i have heard some folks try to dodge the evidence by saying they're not scientists. >> the scientist debate and the sources and their opinion of that change. >> you have heard it off the charts. >> later, al gore's dream tak