justice antonin scalia's death has a battle over his replacement. >> trumpdonald trump has a commanding lead in north carolina but jeb bush's brother expects to hit the campaign trail today. >> and what we expect to see we begin this morning with a look at today's "eye opener." your world in 90 seconds. >> simply, i cannot think what i could do for an encore. i cannot think of any other job that i would find as interesting and as satisfying. >> remember justice antonin scalia. >> he died of natural causes on saturday. >> his body arrived in virginia late saturday night. if the democrats want to replace the nominee they need to win the election. >> the idea the republicans want to deny the president his basic constitutional right is beyond

>> i am sick and tired of him going after my family. >> an interesting debate for most everyone tos. >> a cold front and add to that a winter storm. >> winter weather and storm warnings posted from parts of arkansas to new england. >> i'm kind of blue at this point. >> pope francis drove into a parade. >> all that. >> and leonardo dahicaprio took home the best actor at the british film awards. >> kobe bryant made his final pappearance at the all-star game. >> i hope is not to be influential, mr. rose. it is to be faithful to myself and apply the constitution.

>> were you a bookworm? >> i was. >> if we looked at your report card, it would never say you got in trouble? >> absolutely not. be straight a''s. >> really? straight a's the whole time? >> would i lie? if you can't trust me, who can you trust, right? announcer: this portion of "cbs this morning" sponsored by toyota. let's go places. a wonderful man. welcome to "cbs this morning." gayle king is off. kristine johnson of our new york station wcbs is replacing her. washington is bracing for a huge fight over scalia's successor. his supreme court colleagues remember scalia as a giant legal titan and a best buddy. >> his death on saturday sparked an architect over the feat in

we begin with jan crawford who is outside the supreme court in washington. >> reporter: good morning. the flags here at the supreme court this morning as you can see are flying at half hand staff for justice scalia. people here at this court just cannot imagine what it's going to be like without him. i mean, he was known for his sharp intellect and his offensive sharp tongue and his sudden death will leave this court split for conservatives and for liberals. justice scalia's views on the constitution influenced a generation. >> i'm a law and order guy. i mean, i confess. i'm a social conservative but it does not affect my views on on cases. >> reporter: a native of trenton, new jersey, who grew up in queens, new york, scalia served on supreme court nearly 30 years. the current's court longest serving justice. nominated by president reagan he was the first italian-american justice. one month shy of his 80th

a ranch in texas. a county judge declared him dead by natural causes. his family declined to have an autopsy performed. even on the nation's highest court, scalia often dominated oral argues. >> if it's a question of civil rights or civil liberties is what i'm there for. >> paul met with scalia in 1993 and argued 80 cases before hm. >> him. >> if you were a lawyer arguing in front of him and he thought your argument was hogwash, he would tell you that. >> reporter: despite his conservative views, scalia had deep friendships with liberal justices and notably justice ruth bader ginsburg who shared their interests in opera. she called him a jurist of captivating brilliance and wit with a rare talent to make even

>> i could be charming and combative at the same time. what is contradictory between the two? i love to argue. i've always loved to argue. >> reporter: now one of his most significant decisions was that landmark ruling in the second amendment guarantees an individual right to bear arms. but, you know, he often was in dissent and he always said he hope he wouldn't be known nelson for his majority decisions but for changing the way that we think about the court and the law and interpret the constitution and, kristine, he certainly did thichlt sure did. >> in the meantime, president obama is in california to host a summit meeting with asian leaders and that event is being overshadow by justice scalia's death. also the political fight that is sure to come when the president chooses a replacement. >> i plan to fulfill my constitutional responsibilities

there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. >> margaret brennan is traveling with the president in rancho mirage, california. good morning. >> reporter: good morning. well, white house officials expect a nasty battle with congressional republicans who have already threatened to delay or defeat any nominee that president obama picks. but history could be on the administration's side here. since 1900, six supreme court justices have been confirmed in presidential election years. that could stir president obama to make a bold choice of a judge who could face a tough confirmation or the president may choose a less controversial sitting appellate judge.

chief judge of korpts merrick garland and jane kelly and sri convenient knee vassan who have unanimously passed national confirmations. white house officials say it would be irresponsible to leave this post on the supreme court vacant. you should expect the president to make a decision in the next 30 days possibly as soon as next week. >> the republicans who want to replace the president say that is the right move. nancy cordes is on capitol hill where democrats are fighting back and supporting the white house. nancy, good morning. >> reporter: good morning. supreme court confirm medications are high drama during the best of times and this is not the best of times. you have a democratic president trying to replace a conservative icon in an election year. even though he has got nearly a year left in his term, republicans argue his time is

>> i do not believe the president should appointment someone someone. delay. >> reporter: the two sides took their battle position within hours of scalia's death. >> barack obama is president of the united states until january 20th, 2017! that is a fact, my friends. whether the republicans like it or not. >> reporter: the senate's republican leader mitch mcconnell said this vacancy should not be fill until we have a new president and mcconnell gets to control who gets the vote and when. >> nobody should be surprised how i feel. >> reporter: south carolina republican lindsey graham and many others got hinedbehind him. >> you're not hedging your bets a republican would come into the office and appoint a new nominee? >> reporter: graham sits on the judiciary committee.

>> this president will not appoint any one who is dangerous for our country. >> reporter: top democrats calledobstructionism. >> i don't care who we nominate i am going to pose him, that is not going to fly. >> these confirm medications is a blood court. this one is going to be apocalyptic. >> reporter: john kerley. >> the senate is unlikely to confirm you. you will have dozens of groups who will tear into you to make sure that you are unconfirmable. the odds are that most nominees would come out of this process damaged good, and, likely, not confirmed. >> reporter: he says if the president were replacing a liberal pick, then republicans might let that nominee go through. but in this case, you are talking about a choice that could change the very balance of the supreme court.

that legislators up here take more seriously than that. >> let's go back to jan crawford who has covered the supreme court for more than 20 years. jan, so what can the president do if the senate republicans are united in saying we are not even going to entertain this idea? >> reporter: very little, charlie. people talk about, well, elections have consequences. here is another example of elections having consequences in that u.s. senate. senate republicans have an enormous amount of power to block this nomination. actually, not even get it out of the senate judiciary committee. his pulpit is going to be the political one. he is going to be out there with his allies beating the drum. the republicans need to do this but he can't make them. >> jan, i am fascinated how this will affect the sixth big cases that are in the court's docket this term from abortion, contraception, union voting rights and affirmative rights and immigration. what impact does scalia's death have on those?

is chock full of controversy, as you just pointed out. we expected those cases to be divided along idea logical lines. most of the cases will end up a tie so the lower court decision would stand. that means there is not going to really be a national precedent on all of these issues. they could reargue the cases next year, but maybe not. so it really is unclear what any of those holdings would mean in some kind of a sweeping sense. >> jan, we did hear from margaret that president obama has a short list to replace justice scalia. any such thing as a noncontroversial nominee at this point? >> reporter: no, no, there is not. that is an easy no. i can't see anyone getting confirmed right now. >> fascinating. thank you, jan. justice scalia was known for his sharp mind and often sharper

an example of last year's dissent of holding up obamacare. he said it was jiggery-pokery and called one element of the argument pure applesauce. i asked him in 2008 in my pbs program how his colleagues viewed his style. do they ever come to you and say, yes? >> yes. and if a colleague has any objection to what i've said, i'll take it out. >> reporter: as a respect for the institutional? >> the colleague, the person, yeah. if somebody come to me and said it's over the top to say this will result in more battlefield deaths, i probably would have taken it. >> reporter: this is a group of people who like, admire, accept the differences and are looking for the common good as they see it. >> i consider every one of them a friend. some closer than others, but which ones -- the closer ones have nothing to do with which

>> i could have talked to him forever. >> he was such a good man and introduce himself to people as tony. not as justice. he was such a good man and a beautiful wife and nine kids. i think the nicest legacy, too, is how close he was with the other justices. he was on the left but he was best friends with those on the right. >> like opposites attract. >> we will look back at another conversation i had with justice scalia next hour. also with us in studio 57 is david bowes. plus how scalia put differences aside from the bench. that that is ahead. >> donald trump holds a big lead this morning in south carolina ahead of saturday's critical

jeb bush hopes to boost his campaign today with a big rally featuring his brother, former president george w. bush. major garrett is in charleston with how the race has taken a new shape from saturday's fiery debate. >> reporter: the timing of president bush's appearance here could not be more timely. why 2018 president bush was lying about the iraq war and all of those long dormant accusations dredged up this weekend by the current republican front-runner donald trump. >> we would have been so much better off if bush and the rest of them went to the beach and didn't do anything. >> reporter: on "face the nation," donald trump backed away from accusations that george w. bush minute late fears of weapons of mass destruction to invite iraq.

for sins from previous years it's a lie. maybe it's true and maybe it isn't. >> reporter: at a cbs debate on saturday, trump put it this way. >> i want to tell you, they lied. they said there were weapons of mass destruction. there were none. they knew there were none. >> reporter: trump quickly rejected jeb bush's defense of his brother's record. >> while donald trump was building a reality tv show, my brother was building a security apparatus to keep us safe and i'm proud of what he did. >> the world trade center came down -- >> go after my brother. hold on. >> reporter: in state where the bush name remains popular an anti-trump super pac is using it against him. many who thought rubio won the game. >> the world trade center came down because bill clinton didn't kill osama bin laden when he had

>> you are a liar. you are probably worse than jesh bush jeb bush. >> donald, adults learn not to interrupt. >> yeah, yeah, right. >> million. >> all right. >> give me a break. >> this is just nuts, okay? geez, oh, man! >> reporter: trump has a big lead here, but it's taking nothing for grant. campaigning here continuously until saturday's primary with multiple events each day. 2:30 press conference here the first since the new hampshire primary. >> thank you, major. good job on saturday as well. "face the nation" host john dickerson served as the moderator for saturday's debate and is in washington. good morning. great job as well on saturday. boy, it was nasty, pretty vicious. i guess the bottom line hoump does how much does this have an impact on the results in south carolina? >> they didn't follow the scalia

people with whom you disagree. the debate will probably sharpen, obviously, people's views about the candidates, but i think there's still sometime before that vote for things to settle out differently. i think what came out of the debate is probably that everybody reconfirmed what they already believed, although marco rubio, who had some repair work to do from his last debate performance did well and jeb bush who was hoping to capitalize on the family's relationships in south carolina also seems to have gotten quite good reviews from his performance. >> what do we expect from president bush? >> rally the family's support in that state. you remember, he beat john mccain there by 12 points after having lost to him by 18 in new hampshire in 2000. there is a lot of history of the bush family there. i think also it is an argument for the standards, the old-fashioned standards of duty and participating in the political process and giving your life to public service, some of which have been

far in the presidential process, where outsiders are favorable and anybody who has been in politics is seen as not worthy. >> john, how do you think scalia's death will impact this race? >> well, i think it gives both sides and all of the interest groups. supreme court touches on the hot button issues. it energizes everyone. and when you think about it as a fund-raising mechle inging mechanism, if the president offers somebody yp and there is a debate and the senate doesn't actually sit on it, every fund-raising group will have a reason to go to their donors your specific issue you care so much about is under threat in fa nominee goes one way or another or gets into the court. everybody on the sidelines, if they weren't already energized, a reason to be now. both in the presidential connect and in terms of who actually replaces scalia. >> thank you, john.

explosive allegations against superstar quarterback peyton manning how.

cintas, ready for the work day.grammy performances to be powerful and political. ahead how some of music's biggest stars plan to use the stage to share some cultural criticism.

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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(vo) you can pass down a subaru forester. (dad) she's all yours. (vo) but you get to keep the memories. love. it's what makes a subaru, a subaru. pope francis takes on drug lords in mexico ahead. his blunt warning in a country

ha >> christine: good morning, this is a wbtv on your side news update i'm christine sperow. 7:27. winter weather moving in the high country, we're live there for you being your eyes and ears here, this is boone where our ashton pellom is. he saw big chunky flakes falling in the last hour. the roads are getting scraped, some roads still dicey this morning. go to meteorologist al conklin

>> al: thanks, christine. the snow confined in the mountains, the northern foothills this morning. you can see on the five sweeps of power doppler radar, a little fine mist but that's it in the charlotte metro area. so by and large essentially the roads are dry, in the piedmont, not so across the mountains, and should stay that way until deeper in the day. precipitation will break out then. you can see there is not much happening lunch time, spotty stuff, by late this afternoon we get in the mix of sleet and freezing rain in the charlotte area, transitioning to all rain tonight. our temperatures are starting off at 28 degrees this morning, small chance for little bit of precipitation, increases late this afternoon, high getting up to 32. temperatures will rise tonight, rain heavy at times, moves out quick throw more tomorrow, in the 60s for the weekend. here is chris, first alert traffic. >> chris: al, thank you, first alert traffic sponsored by toyota of north charlotte. we do have an injury accident on

johnston road. we're seeing delays there along 521 up to 485 this morning. taking a live look at clanton road, relatively light, running smoothly. checking drive times, rock hill to uptown, 21 minutes,64 miles an hour.

right back with more on bounce. . >> bernie is an outsider who has only been in congress for, like, 30 years! i can't make you love me

i can't make your heart >> like her. here in the dark in these final hours i will lay down my heart and i feel the power >> oh, boy. hey, guess what. i'm not even playing this thing! i can't let you love me if you don't >> that is kate mckinnan on "saturday night live." "snl" strikes again there. they are very good. welcome back to "cbs this morning." this half hour, a crude moment from peyton manning's past is back in the spotlight. newly released documents unveil details about a sexual assault about 20 years ago. ahead why the quarterback once described the event as harmless. dealers of death. we are in mexico with the pope's

place that sees some of that country's worse violence. time to show you some of the morning's headlines from around the globe. investigation by "usa today" network finds big problems with tracking features who have histories of serious misconduct. some states fail to report troubled teachers to the only database. at least 9,000 names are missing and state systems to check backgrounds of teachers are filled in inconsistencies. much more of this tomorrow on "cbs this morning." a co-pilot felt unwell on a

>> the laser was apparently pointed at the cockpit last night after the plane took off on new york. all returned safely. police are trying to find the source of the beam. >> that can sometimes cause temporarily blindness for the pilots. not a joking matter. the baltimore sun reports that missing batteries are partly to blame for a run-away blimp that broke loose last october in maryland. pentagon investigators found someone neglected to put batteries in the automatic deflation device. oops. the blimp knocked out power to 35,000 people. the los angeles reports on falling car rental rates. the average daily ralts ofte last year was 38.88 per day and down since 2011. one big reason? competition from ride sharing services such as uber.

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 as a 19-year-old that has everyone talking today. six former students filed a

university of tennessee last week, according to the tennesseean newspaper claiming the athletic department has long condoned a hostile sexual environment. the lawsuit filed under title ix references one allegations involving peyton manning during his time as a star quarterback at tennessee. this weekend the new york "daily news" reported on legal documents they obtained originally from 2003 which detail an incident in 1996 which manning was a sophomore at tennessee. the 19-year-old quarterback was being evaluated whenmanning placed his exposed genitals on her head. manning says he was mooning another athlete in the moon and naughtright settled out of court which reportedly included a mutual nondisclosure agreement with manning and she resigned from her job at university of

>> manning was the first pick in the 1998 nfl draft. he co-authored a book in which he described the 1996 mooning incident as crude by harmless and described the female trainer as having a vulgar mouth. naughtright sued again and settled out of court in 2003. the documents that surfaced over the weekend were originally filed in 2003 as part of naughtright's lawyers. a court documents were never widely released although "usa today" reported on their content. despite the 39-year-old super bowl win last weekend, his clean image has been under the microscope. the nfl is investigating a december report from al jazeera america in which manning is accused of involvement of a performance enhancing growth, a human growth hormone. >> i understand when allegation

i get that. but i can tell you what they are going to find -- a big fat nothing. >> reporter: "cbs this morning" reached out to peyton manning and his family, the university of of tennessee as well as the athletic trainer who made the original allegations but, so far, no one has responded to our requests. >> thank you, dana. propose francis travels from mexico city to southern mexico where he'll deliver mass at a soccer stadium. on sunday he met a huge number of people in a city rocked by drug violence. he asked the kids to pray for their caregivers. manuel bojorquez is in mexico. >> reporter: good morning. a busy weekend for the pontiff. he scolded mexico's political and ritual elite.

on sunday he immersed himself in the mexico people and held mass in a crime ridden city. before a sea of believers on sunday, pope francis looked right at home. >> just to see him, we are more than happy. >> reporter: the 79-year-old pontiff stayed true to himself, again, criticizing his host country. he condemned a society of the few and for the few and offered up words for the drug cartels and labeling them as dealers of death. departing from his prepared remarks, the pope urged the crowd not to be seduced by the drug trade warning them not to negotiate with the devil because he always win. approximately 100,000 mexicans have decide over the last decade because of the drug ward. in this mexico city suburb of 1.6 million, extortion and a

women are a daily part of life. 10,000 on mexican authorities were on hand sunday protecting the pope and the people. >> we came in groups. we are taking care of each other. >> reporter: the faithful happily slept outside in the cold and endured the thick air pollution to a chance to see their pope. at least 30000,000 followers attended the mass and hundred thousands more lined the street as the popemobile passed. to be in front of the pope, even for just a few moments, is a tremendous experience this man said. it's very moving to see him. the pope will travel south today where he is expected to deliver strong words on immigration. it is mexico's poorest state and point of entry for many migrants making their way to the u.s. >> manuel bojorquez thank you, in mexico city.

tonight's grammy awards will carry extra meaning. that is next. if you're heading out the door you can watch us live through the cbs all-access app on your digital device. don't miss the first look at the new yorker investigation into tmz. we will be right back. i'm phil mickelson, pro golfer. my psoriatic arthritis caused joint pain. just like my moderate to severe rheumatoid arthritis. and i was worried about joint damage. my doctor said joint pain from ra can be a sign of existing joint damage that could only get worse. he prescribed enbrel to help relieve pain and help stop further damage. enbrel may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common, or if you're prone to infections, have cuts or sores,

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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 controversial performance

lamar but it won't just be hip-hop artists using the staples center stage for commentary. from pop to hip-hop. >> reporter: country, to rock. and boundary pushing r&b. it represents the past year in music. >> this is just part of the journey of our country.% >> reporter: with the oscars under fire for a second year in a row over the lack of minority nominees, the grammys offer a contrast, promising to offer a wide range of voices and political messages. >> reporter: one of those moments will come from kendrick lamar, who is the night's most nominated artists with 11 nods. his breakout single "all right" has become the anthem of the

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. >> music unlocks the door to the nomination.

we have in common, even though they may appear to be very different. >> reporter: two years ago, kendrick lamar had seven nominations here, but went home empty-handed. if he wins album of the year this time, he'll be just the second hip-hop artist ever to take home the big prize. the only other? outkast in 2004. next hour, we will give you a behind the scenes look at the preparations for the show. >> i'd love to see that. lamar the odds on favorite in vegas apparently. >> it's close to my bedtime by maybe i'll watch the first hour of it. >> taylor swift opens, i heard. >> perfect. >> cbs will bring you the58th grammy awards tonight at 7:00 central/8:00 eastern time.

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>> chris: 7:57, this is a wbtv news update. first alert traffic sponsored by toyota of north charlotte toyota. do have one accident we want to tell you about, this is off marvin road, that accident five minutes old expect you will find delays there. volume of traffic here on holiday monday morning relatively light across the

most of the highways running in the green. different story to the north. several reports of accidents around lenoir and up in the patterson area because of snow there. here is meteorologist al conklin. >> al: thanks, chris, that is where the snow has been confined, north of i-40 this morning. you can see on the five sweeps of power doppler radar, snow continues to fall through the mountains, northern foothill, south of there spotty, not much happening around charlotte, little bit of mist and drizzle, temperatures at 28. we'll keep an eye on that but still in the procession atmosphere of moistening up. relatively dry air in place here across our part of the viewing area, moisture is pouring in the mountains with snow that continues to fall. some light snow around morganton as chris reported, some wrecks around caldwell, burke, alexander counties, you can see snow here at least on the sidewalks, back roads likely snow covered as well, 22 morganton, hickory, statesville, 28 charlotte rock hill, 27 in monroe.

slowly get up to freezing late this afternoon, all the while incrementally our chances for precipitation go up. fairly light, fairly spotty in the metro area during the day, different story tonight, rain, possibly heavy at times as temperatures rise, 57 with rain tomorrow in the morning, sunshine in the afternoon and then off in the 60s for friday, and the upcoming

much, much warmer. it is monday, february 15th, 2016. welcome back to "cbs this morning." more real news ahead, including the legacy of justice scalia and the fight over replacing him.

him well is in studio 57. first, here's a look at today's "eye opener" at 8:00. people here just cannot imagine what it's going to be like without him. his sudden death is going to leave this court split. >> congressional republicans have already threatened to delay or defeat any nominee. >> supreme court confirmations are high drama during the best of times and this is not the best of times. this republican presidential primary starting to sound like the democratic primary. not the current one. but the one conducted back in 2008. >> john, what do we expect from the visit from the former president bush? >> rally the family's support in that state. >> peyton manning captured his second super bowl last week. but what he is accused of doing 20 years ago that has everyone talking today. >> grammy host ll cool jay said we should expect a performance

>> in the mind of justice scalia, what is in your mind? >> i like to argue and one reason i like the law, i think. i like to figure out where the truth lies between two -- two different assertions. i don't know. it's who i am. announcer: this portion of "cbs this morning" sponsored by nationwide insurance. i'm charlie rose with norah o'donnell and kristine johnson of wcbs in new york. gayle is off. the next time supreme court meets, one chair will be draped in black. the united states flag is at half-staff this morning after the sudden death of justice antonin scalia. he was the court's conservative anchor and the current bench's longest serving member. president ronald reagan nominated him in 1986 after chief justice warren berger retired.

the court with four liberals and four conservatives. senate majority leader mcconnell and other republicans are vowing to block any nominee from president obama. more. >> reporter: when you talk about political fights, i think the battle to replace justice scalia, i hate to throw unprecedented around but here, it's appropriate. this is going to be unprecedented. justice scalia's conservative generation. he changed the way people talk about and interpret the constitution. i think one of his most significant decisions was that second amendment case that said an individual has the right in the constitution to bear arms. president obama is expected to announce the replacement or replace justice scalia the next couple of weeks. then it's up to the senate judiciary committee are

to block any nominee. now, in modern history, the senate has never filled a vacancy that occurred as with this one did in an election year. 1968 when chief justice orrin announced he was retiring they blocked lyndon johnson' choice to replastce him. i think you'll see republicans point to that as they stand firm to block this nominee. >> fascinating. >> david boies has argued % several major cases before justice scalia and supreme court. he fought against proposition 8 and california's attempt to ban same-sex marriage. he also represented vice president al gore during the 2008 election recount. pleased to have you in the studio. >> good to be here. >> reporter: what is it like? you stand up there at the podium and there are nine justices. how was he and how was he different? >> well, he was very articulate.

good questions. now, a lot of justices on the court that ask good questions but he was particularly nice. he had a good time doing it. his questions were lace inside humor. he liked to argue. and he liked to engage in an intellectual back and forth. and as i was usually, when i was arguing in front of the court, i was usually on a side that was not his natural side. i felt an engagement there that was -- >> you heard jan say this is going to be an unprecedented fight to replace him. how does this affect this year's docket? >> well, for any of the decisions, it would have been 5-4 with him in the majority and a lot of decisions like that in important cases. that will be a divided court, which means that the court of appeals decision will stand. so the court of appeals decision will now probably stand in those

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

>> not really. you need senate confirmation and i think that the -- i would hope they would not. remember, justice scalia himself -- >> they say they will. >> they say they will will you justice scalia was confirmed unanimously by republicans and democrats. they knew he was very conservative. but they believed that the president had a right to appoint somebody who he wanted as long as he is qualified. >> i keep thinking this fight is going to focus attention on supreme court and the current cases that are before the supreme court which affect everyone's lives. we are cases on affirmative action and contraception and obamacare. voting rights. unions. there are some really big cases before the court this year. >> there are. this event is going to place the supreme court at the heart of the presidential election. >> how will it play itself out?

and democrats, i think, will be focused much more than they usually are on the power of the president to appoint a supreme court justice. that in many respects is the most enduring legacy that they have. too often in political races, that gets ignored. i think this is going to be front and center. >> if obama gets to make the appointment, that will be his third choice. >> yes. the next president, whoever that president is going to be, is likely to have another couple of choices. >> because justices at 70 and 80. >> yes. >> scalia once said that you can't agree ardently with your colleagues about some issues of law and yet personally still be friends, get another job. he was friends with justice ginsburg. you knew him a long time. he want afraid of disagreement? >> no, he enjoyed it. he would hold passion to it but

were wrong and maybe totally indefensible. he never objected to you having those views. in fact, he liked people who with different point of views and i think he liked teaching law for that reason. >> in fact, he did. he went in private practice with jones day and then decided he wanted to teach so he then went to -- >> yeah. i think being on the bench is the only thing that would have kept him from teaching. he liked that intellectual back and forth and he liked that argument. he enjoyed it. >> he was towering in terms of intellect and what he meant to the court while he was there. >> this was a brilliant justice. he was a brilliant, passionate, effective advocate for his vision of what constitution ought to be and our society. >> realism and strict instruction and all that. >> i don't know about the strict instruction. i think that depends on how you interpret that. certainly, originalism was something that he was a strong advocate for. >> the strongest advocate? >> i think. he brought the court along to a

>> david boies, thanks so much. great talking to you. >> great talking to you. >> the cbs news gop debate on saturday began with a moment of silence for justice scalia. all six republicans agreed the next president should pick scalia's successor but that is where their argument ended. >> the next president is going to appoint three to four supreme court justices. if donald trump is president he will appoint a liberal. >> tes cruz wanted john roberts to be in the united states supreme court. e twice approved obamacare. >> i supported john roberts. >> you pushed him and you worked with him. why do you lie? >> donald, learn not to interrupt. >> why do you -- >> you pushed him. >> dont, do not interrupt. >> he is so weak on illegal immigration, it's laughable and everybody knows it. >> this is the standard

disparagraph me? that is fine. >> spend a little money on the commercials. >> if you want to talk about weakness, you want to talk about weakness, it's weak to disparagraph women and hispanics. >> marco went on uni vision. i promised to resend every single illegal executive action including that one. >> first of all, i don't know how he knows what i said because he doesn't speak spanish. second of all -- [ speaking in foreign language ] get it! >> look. . this is a disturbing pattern now. a number of weeks ted cruz is telling lies. he lied about ben carson. >> that is where their agreement ended, i should have say. south carolina voters make their choice saturday in the state's first primary.

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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 music's biggest night. >> i'm officially opening up the grammy and we are never getting

>> reporter: for the second time in four years. getting back together >> reporter: industry juggernaut taylor swift will kick off the grammy awards. >> reporter: she is nominated for seven grammys for her blockbuster album "1989." >> reporter: rapper kendrick lamar is also performing. leads the field with 11 nominations and one shy of michael jackson's single night record. swift and lamar, who teamed up on "bad blood" will be competing for some of the most coveted awards of the night, including album and song of the year. one noticeable omission from this year's nominations is adele. >> reporter: but it's only because her mega hit album "25" missed the grammy cutoff for

is one of the most anticipated. >> i'm looking forward to saying hi to adele and say hello. >> reporter: tonight's performers spent the weekend rehearsing, including alabama grammy newcomers both nominated for best new artist. >> grammy match. my manager. losing our mind. label found out, yeah, you see about the other two? two more? 2015 was great. yeah, strong. >> reporter: tough to top that one. >> definitely. but i'm going to try. yeah. >> reporter: bay is also up against pop star meghan trainer and sam montgomery will be singing with fellow nominee carrie underwood. >> i'm following carrie's lead. she has been here several times and this is my first. >> reporter: ll cool jay is back

>> it's about every huge act of music, everybody from taylor swift, rihanna to adele and justin bieber and so many others. john legend doing tribute to lionel richie. an amazing night in terms of talent, you know? >> reporter: there will be several musical tributes. david bowie will be honored by lady gaga and glenn frey being honored by jackson browne. this picture turned up in a seat in the front row of seats and there has been a lot of buzz about that! >> always buzz about beyonce. >> anthony, can i say where is your leather jacket? >> reporter: ha ha! no end of grief from you, miss o'donnell! >> i want to see it tomorrow because you now i think you look good in that jacket. >> me and beyonce will be hanging out here.

grammy awards tonight live at 8:00/7:00 central right here on cbs. i'm looking forward to lady gaga's tribute to david bowie. a fast moving dog was lock and loaded for competition at the nation's most prestigious dog show. ahead, how an australia shepherd nicknamed holy moly guacamole! dominated an obstacle course in a run for victory. >> oh, my gosh! that is great! 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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hey, guys, it's annie. now, if you're anything like me, you're always looking for ways to save money, especially when it comes to your weekly grocery trip. well, with walmart every day low prices, saving money while keeping the pantry full... that's easier than you think. in head-to-head shopping, the total at walmart beat that of bi-lo. charlotte, the total amount saved at walmart vs. bi-lo was $24.37 on this week's groceries - that's 20%. so head to walmart and see what you

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.

the hd tower cam you can see traffic not really being impacted by this because it is so fine, so light it is not accumulated, that is the good news on the roads as we go through the morning hours, so light not being detected by radar. heavier rain, heavier snow rather, in the mountains and foothill, very little around the metro area. you may see a little bit of light mist freezing, also perhaps a little bit of sleet but very spotty, light. atmosphere is just too dry right now to get anything really going. you can see where the main focal point for precipitation has been up across the mountains and foothills, will take time for

has not happened. 28 right now charlotte, 27 albermarle, down to monroe, in the low to mid 20s across the foothill, anything that falls would be snow. boone, temperature has now jumped up, in the 20s. we'll wind up at 32 this afternoon, with a light winter y mix, 60% chance at that chance at that point. temperatures rise tonight, so for today, 32, temperatures on the upswing, a very small chance of anything this morning, maybe 20% chance. a 70% chance as we go in the late part of the day. tomorrow just the opposite. clouds and wet weather likely early, some of it heavy and that clears out. we wind up with shine tomorrow in the afternoon and how about that, 57 degrees, in the 50s for wednesday, thursday, 60 friday and well in the 60s,

weekend. got to get a shot off. he drives it. the whistle! he banks it any at the buzzer! >> a last-second stunner at my alma mater in durham. duke's great finale. duck propel the unranked duke

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 out about the people leaking celebrity secrets. that is ahead time to show you some of the morning's headlines from around the globe.

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. "the new york times" details how ibm picked a voice for watson, the company's artificial

they looked for a voice that people might like and they created several voices responding to questions on the game show "jeopardy." and considered one that sounded child-like. watson's voice was rejected because it sounded creepy there. here is another option. they decided watson's finalist c was better for automated help desk and consumer applications. ultimately they chose watson finalist a. that voice sounded objective and natural. >> definitely better than the first one! the first one was creepy. britain's "guardian" reports on a remote canada's town quest

normal wells is a city where temperatures can drop to 58 degree. most of norman wells residents are cutting their own hair for two years because the nearest hairdresser was 78 minutes away by car but with temperatures that cold, who wants to live there? "usa today" reports how a utah boy bought a flower for all girls in his class. it cost him 458 dollars and he worked a year and a half to pay for them. his mother said he wanted every girl to feel special on valentine's day. in the story they said only some girls got flowers and he felt bad for the girls that didn't get flowers so he decided to get everybody flowers. >> how many young women fell in love with him? >> about every single one of them. more on the words of justice antonin scalia. he was one of the most conservatives in supreme court history.

put him outside the mainstream. in 2012 on my pbs program, scalia talked about his opponent, his judicial approach, and his legacy. have you had the impact that you believe you would like to have? the answer has to be no. >> well, it depends on what you mean by "the impact." >> reporter: the impact is you'd like everybody to see it your way. >> yeah, but that doesn't happen. look. when i came on the court, where it was, scalia will be a consensus. >> reporter: exactly. >> because i'm such a charming fellow. >> reporter: is that what they said? sno. >> they didn't say the charming part but they did expect me -- >> reporter: a consendus guy? >> a consensus builder. i can't be a consensus builder. >> because? >> because i can't trade. you see, bill brennan, who was an evolutionist, right? he could deal. he could deal. his colleague, i want to change the constitution this far and

well, what about this far? he can deal! now, i can't deal. if i'm -- if i'm doing it, what can i say, you know? >> reporter: i'll give you a little here. >> halfway between what it means and what you like it to mean is the deal i'll give you. >> reporter: yes. >> you can't do it. >> reporter: does supreme court, does it read the paper? does it understand the political dynamic of the moment? >> i don't know. you would have to ask each of them. i think so. >> reporter: does it affect you? >> i hope not. >> reporter: but is it possible that you don't? >> no. i wouldn't be as unpopular a person as i am if i let it affect me! >> reporter: you think you're unpopular because of protests here and there? >> yeah. >> reporter: you have friends

you and ruth bader are great friends and people say nice things about you but you are the guy they look and say he wants to stand in the way! >> that's right. >> reporter: he wants to be the forward march of history. >> right. >> reporter: and justice. >> i think -- >> reporter: that's the way they see you? >> yeah. i think it's simply because of the inconsistency of my -- >> reporter: do you take some pride in that, though? i bet you do. >> a man who has made no enemies is probably not a very good man. >> reporter: i'm interested in the mind of justice scalia and how it got there, because i've talked to four of your interns. you know what they said about you? they said he wants us to challenge him. that's what he likes. he likes the idea of conflict of ideas. >> i do. that's very true. >> reporter: where did that come from?

i think. i like to figure out where the truth lies between two -- two different assertions. i don't know. it's who i am. >> reporter: you love language, don't you? >> i do love language. and for that background, you know, i am a snoot. it stands for syntax nerds of our time and it refers to people who get upset when they hear infer used to mean imply, or when they hear -- i commented recently on -- >> reporter: you hate bad grammar? >> oh, gosh. i was on an airline recently and i commented on this. over the p.a. system -- and this is rev vettediveted into people's ears a hundreds thousand times by

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 he embraced it. >> you love people who share

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

nicholas 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 called "the digital dirt" how

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, there is one who said he makes over $30,000 a year contributing

then one step further are people. >> what is the good and bad of tmz? >> i think the good they have transformed celebrity news. no longer are celebrities able to say that story is not true, that is second-hand and dismiss it. think about the ray rice video. when the first video goes up and shows ray rice dragging his fiancee out of the elevator, they can say we don't know what happened inside the elevator. the second video comes up and shows ray rice punch is his fiancee and suddenly, it's unimpeachable and they have changed the rules of the game. >> you say it shook the sportswriters said it shook nfl to its foundation. they had a real impact. but they operate by a far different set of rules than traditional news organizations like cbs news. they pay their sources tens of thousands to hundreds of thousands of dollars. >> they do pay a lot of money, for sure.

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 kind of a challenge. how do you source up and

you would national security story or international criminal syndicate? and not comparing them to either. but it's just how do you source yourself up. you begin corroborating and corroborating and i spoke to well over a hundred people for the publication of this story. when you hear the same story told multiple ways from multiple people you think what is the common denominator there and what is the common denominator? at some point in the reporting, a large number of e-mails were leaked to us. and these e-mails showed how tips come in and how things operate and you could then get a sense of the cadence of how stories come to be. then when you're hearing stories from aanonymous sources. >> if the sources get paid or giving information to tmz, can someone pay tmz to not publish something? why wouldn't that same scenario exist? >> right.

so as i said a minute ago, a lot of stories come into tmz has are not published. as to why those stories are not published is difficult to know. one story we describe in the magazine which a video of justin bieber came into tmz in 2011 and harvey levin decided after the entire newsroom was waiting for this video to go up. the neck morning the video did not go up. according to people who were familiar or close to the conversation, harvey levin decided on his own he did not want to ruin justin bieber's life and the video did not go up. over the course of the coming months and weeks, tmz posted a number of exclusives that justin bieber is saying i'm getting my haircut or doing this with my girlfriend. >> harvey levin says in 2010 he struggles every day with privacy when is going too far. >> totally. and so after more than a year of working on the story on and off, you know, i don't know where

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 --

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great to have you. >> thank you.

for news any hey, guys, it's annie. now, if you're anything like me, you're always looking for ways to save money, especially when it comes to your weekly grocery trip. well, with walmart every day low prices, saving money while keeping the pantry full... that's easier than you think. in head-to-head shopping, the total at walmart beat that of bi-lo. charlotte, the total amount saved at walmart vs. bi-lo was $24.37 on this week's groceries - that's 20%. so head to walmart and see what you

>> chris: 8:56a wbtv news update, traffic is sponsored by toyota of north charlotte. let's go ahead and take a live look this morning this is i-77 inbound at lasalle street. holiday monday morning, presidents day, volume of traffic is light here across the charlotte area. we do have one new accident, this is 901 east arrowood at south boulevard. expect delays as you make your way on to south boulevard this morning. but overall, the charlotte commute is running smoothly. if you're driving up in the mountains, snow covered roads from wilkesboro to west jefferson all wait up in boone, quiet here across the charlotte region. here is meteorologist al conklin. >> al: thanks, chris. out there right now, cloverleaf elementary school in statesville and you're on the edge, quite a few slick spots reported around troutman, so keeping an eye on

little bit of light snow earlier this morning, now the snow pushed northward up on the virginia line, watauga county and points northward getting the snow. futurecast suggests we may break in to freezing precipitation in the metro area here at noon today, with temperatures that are still below freezing and then late this afternoon, perhaps a bit more widespread. so 4:00 could be a times as folks come home from school and work that we have issues on the roads. otherwise, again, as we go in later tonight it will be rain and that rain is going to push throughout our viewing area. currently in charlotte we have temperatures in the upper 20s. 28 degrees, that hasn't moved all morning but overcast, the dew point is at 15. that continues to come up at some point the air will saturate and won't be just clouds will wind up being precipitation probably in the next couple hours here. through the midday. the dew points are mostly in the 20s to the north, you had the snow, late this afternoon, a

32 in charlotte. steadier, heavier rain tonight with overnight low temperatures in the 30s, but well above freezing, will rise with the temperatures overnight. tomorrow we start with clouds and perhaps a parting shower then sunshine, 57, small chance of shower tomorrow night, otherwise smooth sailing for the rest of the forecast with 50s and even 60s showing up by the weekend. we'll have another update at

[music playing] jeff: today, it's about international flavors, and i'm here in the heart of new orleans, louisiana. we got great flavors from all around the world. let's get in the kitchen, and let's have a taste. announcer: today on "flip my food," chef jeff doesn't have to travel far to experience delicious flavors from around the globe. and now, let's get to cooking. do you love noodles? well, i

she's known as the noodle queen, where she puts a southern flip on asian-inspired noodles called yaka mein. how you doing, sweetie? linda: i'm fine. how you doing, chef? jeff: good. it's a pleasure to meet you. linda: the pleasure's all mine. jeff: well, we're excited to learn about this just because i've never heard of it. linda: mm-hmm. jeff: but i've heard of you, but now i get the opportunity to learn how to make it. say that word for folks at home who's watching. linda: yaka mein. jeff: yaka mein. what does that mean and what is it? linda: uh, yaka mein is noodles. jeff: okay. linda: and we always believed it that the chinese and the blacks merged together as slaves and came into that one kitchen. jeff: okay. linda: and that's how they blend in different flavors. jeff: okay. linda: so it stayed in the black community. jeff: well, we're excited to learn about this just because i've never heard of it. and...but i've heard of you. linda: yes. jeff: but now i get the opportunity to learn how to make it, and folks at home watching "flip my food." teach us what we have here. talk about your ingredients and the process. i have boiling water right here. linda: yes. jeff: tell us what we have here