frances coe, nbc news. >>> now here's a look at some other stories making news today early in america. we begin with a california liquor store owner nearly killed on camera. man's brush with death happened when a drunk driver crashed his pickup through the store. luckily the shop owner was only hospitalized with minor injuries. the driver left the scene of the crime, but was later arrested on dui and felony hit-and-run. >>> next to florida, the space x company launched the dragon capsule. three astronauts are awaiting the cargo along with one special treat, chocolate vanilla swirl ice cream was also sent up and sprinkles too. >>> there was a different kind of launch in new mexico. over 600 hot air balloons took to the sky at the 41st albuquerque international balloon fiesta. this year's event featured an array of colorful balloons and one dedicated to luke skywalker's dad. there he is, good old darth vader. >>> finally, 50 husbands and wives braved hazardous conditions at the 2012 north american wife carrying championships. couples raced through a 278 yard obstacle course and the winn

frances coe has a preview. >> reporter: the nine justices of the u.s. supreme court will begin a new court on monday. one that could bring rulings on voting rights, gay marriage and affirmative action. one case involves the practice of considering race for college admission. abigail fisher sued after she was rejected by the university of texas at austin. >> there were people in my class with lower grades who weren't in all the activities that was in that were being accepted into ut and the only other difference between us was the color of our skin. >> reporter: but defenders of the practice say students are better prepared by a more diverse school experience. >> the best way to get to racial diversity is to consider race in an individualized way that looks at the whole applicant. >> reporter: the defense of marriage act signed by president bill clinton is also facing numerous challenges. the law states that the federal government will only recognize traditional marriages, meaning no federal benefits action even where same-sex marriage is legal. >> same-

fr frances coe, nbc news. >>> and now here's a look at some other stories making news early today in america. in maine, a group of strangers spring into action when an elderly woman drove her car into the portland harbor. the band of good samaritans pulled the 84-year-old out of her car moments before it sank. the woman is in stable condition. some of the rescuers had to be treated for hypothermia. >>> carmageddon 2 has come to an end just in time for this morning's rush hour in california. the demolition job that shut down a portion of l.a.'s 405 freeway hit a snag when a column collapsed. work crews completed a major component of the four-year expansion project. >>> in kentucky, a test of strength was on display. 34 teams of 20 people battled to see who could pull a 757 cargo plane 12 feet in the fastest time. the competitors showed the money as well as some muscle. all of the teams raised money for the special olympics. >>> finally, hawaiians continued their love affair with spasm hundreds gathered to build the world's largest mosubi. the 628-pound hawaiian snack was made with loa

that is 52-year-old captain frances coe -- today what is going on is the court is listening to all thedence that will be eventually entered into a trial should captain scitino and eight others go on trial for the disaster. the ship, the costa concordia, really was a floating city with more than 4,000 crew -- >> the same ship captain who said, oh, my gosh. i tripped and fell into a lifeboat. then my ship went down. he's suing the cruise line company. why? >> reporter: that is correct. he is suing them for what he says was wrongful dismissal. he claims that the actions he took on the night of january 11th, in fact, resulted in the saving of many more lives. he says many more people could have died if he did not take the action that he did. what he did was maneuver the boat closer to the island where it sort of went. it ran aground on rocks. the boat is still there in the harbor. it's sort of tilted on its side. but, of course, the ship did not go down. so his claim is that it could have been much, much worse. carol? >> we'll check back with you. ben wedeman reporting live from rome, ital