upper 70s. >> cbs this morning is coming up next. anthony mason is live in los angeles at the staples center captioning funded by cbs good morning. it is monday, february 15th, 2016. welcome to "cbs this morning." the supreme court loses a conservative titan. justice antonin scalia's death has a battle over his replacement. >> trump donald 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 tonight at the grammy awards. 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.

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 my com prehengs. >> i am sick and tired of him going after my family. >> an interesting debate for most everyone tos. >> a cold front and add to that a winter storm. >> winter weather and storm warnings posted from parts of arkansas to new england. >> i'm kind of blue at this point. >> pope francis drove into a

>> and leonardo dah icaprio 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. >> i was never cool. >> were you a bookworm? were you one of those guys? >> i was. >> if we looked at your report card, it would never say you got in trouble? >> absolutely not. be straight 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

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 the high court. 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

>> 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 birthday he died on this trip to a ranch in texas. a county judge declared him dead by natural causes. his family declined to have an autopsy performed. even on the nation's highest court, scalia often dominated oral argues. >> if it's a question of civil rights or civil liberties is

>> 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 the most sober judge laugh. >> i could be charming and combative at the same time. what is contradictory between the two? i love to argue. 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

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 to nominate a successor in due time. there will be plenty of time for me to do so and for the senate to fulfill its responsibility to give that person a fair hearing and a timely vote. >> margaret brennan is traveling with the president in rancho mirage, california. good morning. >> reporter: good morning. well, white house officials expect a nasty battle with congressional republicans who have already threatened to delay

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. some names that fit that bill, chief judge of korpts merrick garland and jane kelly and sri convenient knee vassan who have unanimously passed national confirmations. white house officials say it would be irresponsible to leave this post on the supreme court vacant. you should expect the president

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 up. president should appointment someone. >> it's called delay, delay, 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. republican leader mitch

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 hined behind 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. >> so is orrin hatch. >> 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.

>> 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. charlie, there is almost nothing 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.

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? >> reporter: this is a term that is chock full of controversy, as you just pointed out. we expected those cases to be divided along idea logical lines. most of the cases will end up a tie so the lower court decision would stand. that means there is not going to really be a national precedent on all of these issues. they could reargue the cases next year, but maybe not.

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 critique. 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.

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 ones agree with my philosophy. >> i could have talked to him forever. >> he was such a good man and introduce himself to people as tony. not as justice. he was such a good man and a beautiful wife and nine kids. i think the nicest legacy, too, is how close he was with the other justices. he was on the left but he was best friends with those on the right. >> like opposites attract.

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 republican primary. jeb bush hopes to boost his campaign today with a big rally featuring his brother, former president george w. bush. major garrett is in charleston with how the race has taken a new shape from saturday's fiery debate. >> reporter: the timing of

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. >> if you use that as a make up 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

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 the chance to kill him. >> you are a liar. you are probably worse than jesh bush jeb bush. >> donald, adults learn not to interrupt. >> yeah, yeah, right. >> million. >> all right. >> give me a break. >> this is just nuts, okay? geez, oh, man! >> reporter: trump has a big lead here, but it's taking nothing for grant.

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 model of being friends with 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

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 supplemented in this debate so 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 mechl e ing

president offers somebody up 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. court action brings back explosive allegations against

announcer: this portion of "cbs this morning" sponsored by 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. >> the news is back this morning

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

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where a hundred thousand people . >> bernie is an outsider who has only been in congress for, like, 30 years! i can't make you love me if you don't i can't make your heart >> like her. here in the dark in these final hours i will lay down my heart and i feel the power >> oh, boy. hey, guess what. i'm not even playing this thing! i can't let you love me

>> 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 tough words on drug cartels in a place that sees some of that country's worse violence. time to show you some of the morning's headlines from around the globe. investigation by "usa today" network finds big problems with tracking features who have histories of serious misconduct. some states fail to report database. at least 9,000 names are missing and state systems to check

filled in inconsistencies. much more of this tomorrow on "cbs this morning." a co-pilot felt unwell on a virgin airlines flight. >> the laser was apparently pointed at the cockpit last night after the plane took off on new york. all returned safely. police are trying to find the source of the beam. >> that can sometimes cause temporarily blindness for the pilots. not a joking matter. the baltimore sun reports that missing batteries are partly to blame for a run-away

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 of te last year was 38.88 per day and down since 2011. one big reason? competition from ride sharing services such as uber. the "new york post" reports on walmart and toys "r" us expanding sales hoverboards. toys "r" us calls hoverboards an exciting trend and only spell the devices by a reputable manufacturer.

details a 1996 incident involving mm mm peyton 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 federal lawsuit against the university of tennessee last week, according to the tennesseean newspaper claiming the athletic department has long condoned a hostile sexual environment. the lawsuit filed under title ix references one allegations involving peyton manning during his time as a star quarterback at tennessee. this weekend the new york "daily news" reported on legal documents they obtained

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 texas. >> manning was the first pick in the 1998 nfl draft. he co-authored a book in which he described the 1996 mooning incident as crude by harmless and described the female trainer as having a vulgar mouth. naughtright sued again and settled out of court in 2003. the documents that surfaced over

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 is made that the nfl has no choice but to investigate it. i get that. but i can tell you what they are going to find -- a big fat nothing. >> reporter: "cbs this morning" reached out to peyton manning and his family, the university of of tennessee as well as the athletic trainer who made the original allegations but, so far, no one has responded to our requests. >> thank you, dana. propose francis travels from

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. and prayed on sunday. on sunday he immersed himself in the mexico people and held mass in a crime ridden city. before a sea of believers on sunday, pope francis looked right at home. >> just to see him, we are more than happy. >> reporter: the 79-year-old pontiff stayed true to himself, again, criticizing his host country. he condemned a society of the

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 drug island especially against women are a daily part of life. 10,000 on mexican authorities were on hand sunday protecting the pope and the people. >> we came in groups. we are taking care of each other. >> reporter: the faithful happily slept outside in the cold and endured the thick air pollution to a chance to see their pope. at least 30000,000 followers attended the mass and hundred thousands more lined the street

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. ahead the live performances at 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.

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we are just hours away now

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 tonight from rapper kendrick lamar but it won't just be hip-hop artists using the staples center stage for commentary. from pop to hip-hop. >> reporter: country, to rock. and boundary pushing r&b. it represents the past year in music. >> this is just part of the

>> 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 black lives matter. i've got a girl >> reporter: the country group little big town also plans to make a statement with their performance of the song of the year nominee "girl crush." >> our performance, we are doing a girl crush in a grammy show is also going to show that we all come in different shapes, sizes, and colors and they are all beautiful. >> i think artists are just trying to make black what is

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. it makes them realize how much we have in common, even though they may appear to be very different. >> reporter: two years ago, kendrick lamar had seven nominations here, but went home 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

>> 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 the 58th grammy awards tonight at 7:00

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(donkey sound) (elephant sound) there's a big difference between making noise, (tapping sound) and making sense. (elephant sound) (donkey sound) when it comes to social security, we need more than lip service. our next president needs a real plan to keep social security strong. (elephant noise) hey candidates. enough talk.

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. attorney david boies who knew 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

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 tonight from kendrick lamar. >> in the mind of justice scalia, what is in your mind? >> i like to argue and one reason i like the law, i think. i like to figure out where the truth lies between two -- two different assertions. i don't know. it's who i am. announcer: this portion of "cbs this morning" sponsored by nationwide insurance.

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. >> justice scalia's death leaved the court with four liberals and four conservatives. senate majority leader mcconnell and other republicans are vowing to block any nominee from president obama. jan crawford is outside with more. >> reporter: when you talk about political fights, i think the battle to replace justice scalia, i hate to throw unprecedented around but here, it's appropriate. this is going to be unprecedented.

voice really influenced a generation. he changed the way people talk about and interpret the constitution. i think one of his most significant decisions was that second amendment case that said an individual has the right in the constitution to bear arms. president obama is expected to announce the replacement or replace justice scalia the next couple of weeks. then it's up to the senate judiciary committee are signaling they are going to move to block any nominee. now, in modern history, the senate has never filled a vacancy that occurred as with this one did in an election year. 1968 when chief justice orrin announced he was retiring they blocked lyndon johnson' choice to replast ce him. i think you'll see republicans

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. and he asked a lot of really good questions. now, a lot of justices on the court that ask good questions but he was particularly nice. he had a good time doing it. his questions were lace inside humor. he liked to argue. and he liked to engage in an intellectual back and forth. and as i was usually, when i was arguing in front of the court, i

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 kind of cases. 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.

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 the president have any option? >> not really. you need senate confirmation and i think that the -- i would hope they would not. remember, justice scalia himself -- >> they say they will. >> they say they will will you justice scalia was confirmed democrats. they knew he was very conservative. but they believed that the

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? >> i think both the republicans and democrats, i think, will be focused much more than they usually are on the power of the president to appoint a supreme court justice. that in many respects is the most enduring legacy that they have. too often in political races, that gets ignored. i think this is going to be front and center. >> if obama gets to make the appointment, that will be his third choice. >> yes.

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 even if he thought your views were wrong and maybe totally indefensible. he never objected to you having those views. in fact, he liked people who with different point of views and i think he liked teaching law for that reason. >> in fact, he did. he went in private practice with jones day and then decided he wanted to teach so he then went to -- >> yeah. i think being on the bench is the only thing that would have kept him from teaching. he liked that intellectual back and forth and he liked that

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 large extent on it. >> david boies, thanks so much. great talking to you. >> great talking to you. >> the cbs news gop debate on saturday began with a moment of silence for justice scalia. all six republicans agreed the next president should pick scalia's successor but that is where their argument ended. >> the next president is going to appoint three to four supreme

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 operating procedure to disparagraph me? that is fine. >> spend a little money on the commercials. >> if you want to talk about weakness, you want to talk about weakness, it's weak to disparagraph women and hispanics. >> marco went on uni vision. i promised to resend every

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.

site go taylor swift could get seven grammys tonight. next, we take you inside the biggest event much year of the year.

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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.

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 back together. >> reporter: for the second time in four years. getting back together >> reporter: industry juggernaut taylor swift will kick off the grammy awards. >> reporter: she is nominated for seven grammys for her blockbuster album "1989." >> reporter: rapper kendrick

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 2016 and her performance tonight is one of the most anticipated. >> i'm looking forward to saying hi to adele and say hello. >> reporter: tonight's performers spent the weekend rehearsing, including alabama grammy newcomers both nominated for best new artist. >> grammy match. my manager.

label found out, yeah, you see about the other two? two more? 2015 was great. yeah, strong. one. >> definitely. yeah. >> reporter: bay is also up against pop star meghan trainer and sam montgomery will be 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 for the fifth straight year. >> it's about every huge act of music, everybody from taylor swift, rihanna to adele and justin bieber and so many others. john legend doing tribute to lionel richie. an amazing night in terms of talent, you know? >> reporter: there will be several musical tributes.

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. >> you can watch the 58th annual 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!

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keep your eyes on holster. he is known as holy moly guacamole. the australian shepherd from new york is the new agility champ at the westminster dog show this

the 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 blue devils over seventh ranked virginia. it was a true last-ditch effort saturday afternoon. duke had six seconds to get the shot off and second skef game duke has ranked off a ranked opponent and duke beat virginia and a great win to celebrate coach k's birthday. >> nothing like a victory for your birthday. >> good for us! we have been discounted this year but we are coming back.

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 from around the globe. britain's paper reports on the movie the revenant dominanting last nice's british film awards. dah icaprio 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

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 intelligence program. they looked for a voice that people might like and they created several voices responding to questions on the game show "jeopardy." and considered one that sounded child-like. watson's voice was rejected because it sounded creepy there.

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 to attract a hairdresser. normal wells is a city where temperatures can drop to 58 degree. most of norman wells residents are cutting their own hair for two years because the nearest hairdresser was 78 minutes away by car but with temperatures that cold, who wants to live there? "usa today" reports how a utah boy bought a flower for all

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. his view of the law sometimes put him outside the mainstream. in 2012 on my pbs program, scalia talked about his opponent, his judicial approach, and his legacy. have you had the impact that you believe you would like to have? the answer has to be no. >> well, it depends on what you mean by "the impact." >> reporter: the impact is you'd like everybody to see it your way. >> yeah, but that doesn't happen. look.

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 got caught, geez, bill, can't go that far. well, what about this far? he can deal! now, i can't deal. if i'm -- if i'm doing it, what can i say, you know? >> reporter: i'll give you a little here. >> halfway between what it means and what you like it to mean is the deal i'll give you. >> reporter: yes. >> you can't do it.

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 all across all aisles. you and ruth bader are great friends and people say nice things about you but you are the guy they look and say he wants to stand in the way! >> that's right. >> reporter: he wants to be the forward march of history. >> 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?

>> 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 like to argue. it's one reason i like the law, i think. i like to figure out where the truth lies between two -- two different assertions. i don't know. it's who i am. >> reporter: you love language, don't you? >> i do love language. and for that background, you

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 vetted iveted into people's ears a hundreds thousand times by someone hired to communicate. the rules of the faa require that your baggage is under the seat. >> is under the seat. >> is under the seat! aarrgghh! it tears me up! >> reporter: what should be the questions about an appointee, a nominee? >> the question? that is the question. much i dislike the spectacle of confirmation hearings now, i

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 conflict. he embraced it. >> you love people who share their opinions and go directly to it and don't try to edit themselves. >> you know what i loved about it? to see him out of his robe and talking. so much of what we see of these justices, it's so formal and so nice to see him in that kind of context. >> coming up, does the entertainment news site tmz cross the line to get the scoop

nicholas (phone ringing) you can't deal with something, by ignoring it. but that's how some presidential candidates seem to be dealing with social security. americans work hard, and pay into it. so our next president needs a real plan to keep it strong. (elephant noise) (donkey noise) hey candidates,

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

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 tmz gets the photos and stories that everybody wants. nicholas nicholas schmidle is. >> to the extent they have transformed los angeles into a city of pigeons. they have people in the airports and they have people at the valets and restaurants. everyone is picking up the phone at the site of a celebrity in l.a. and there is no shortage of, and calling tmz all the time

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 stories to tmz. then one step further are people. >> what is the good and bad of tmz? >> i think the good they have transformed celebrity news. no longer are celebrities able to say that story is not true, that is second-hand and dismiss it. think about the ray rice video. when the first video goes up and shows ray rice dragging his fiancee out of the elevator, they can say we don't know what

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. they -- what they have also done is if you go to the cbs website and "the new york times" and new yorker even you go to the top of the website, it's not clear if someone picks up the phone how to get an event. think about the story -- think about edward snowden trying to find a place to put the stories. tmz you go to website and say this is the phone number and e-mail and where you call. the reputation is built up and people call and know they are going to get paid.

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 investigate an organization as you would national security story or international criminal syndicate? and not comparing them to either. but it's just how do you source yourself up. you begin corroborating and corroborating and i spoke to well over a hundred people for the publication of this story. when you hear the same story told multiple ways from multiple people you think what is the common denominator there and

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. >> if the currency is money? >> right. so as i said a minute ago, a lot of stories come into tmz has are not published. as to why those stories are not published is difficult to know. one story we describe in the magazine which a video of justin bieber came into tmz in 2011 and harvey levin decided after the entire newsroom was waiting for this video to go up. the neck morning the video did not go up.

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 those lines are. i couldn't tell. sometimes we publish certain e-mails or publish or leaking certain documents but they had no problem publishing it other times and you see they passed them up. the one point i want to come back to --

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>> thank you.