Really . Pelley tonight the storybook ending. This is the cbs evening news with scott pelley. The constitution. Reporter their defiance drew anger from republicans. This is simply a senatorial temper tantrum. Reporter who decided to bypass the rules and vote without hem. Mr. Grassley . Aye. Mr. Grassley aye. Reporter democrats did show up for a vote on attorney general nominee jeff session, only to line up against their session colleague. Mr. Blumenthal . No. Reporter the constant clash over nominees is taking its toll on the normally collegial senate. So id like the take this opportunity mr. Chairman urge set the record straight. I object again. The senator cant get the message from the chairman that this is overthetop inappropriate. I think senator from texas doesnt get the message from the chairman. Reporter democrats dont have the numbers to defeat cabinet picks, just delay them. They are laden with conflict of interest. Democratic leader Chuck Schumer. If you dont like these nominees, why not vote against them . How long do you plan to hold this up . Our plan is to thoroughly vet these nominees. They could be up to office for four years, it makes imminent sense to get their views out. Reporter in one case it might be working. Two republicans voted against betsy devos for secretary of education. Alaska senator Lisa Murkowski thousands of calls. Theyre concerned with the lack of knowledge she portrayed in her confirmation hearings. Reporter she and senator Susan Collins are first two gop defections for any trump cabinet pick. If devos loses even one more republican vote, scott, it will sink her nomination. As you can imagine, all the democrats are expected to vote no. Pelley nancy cordes at the capitol tonight. Today the president told the Republican Leadership to confirm his nomito even if they have to change the rules of the senate and vote with no democratic support. Which is such a break from Senate Tradition that washington calls it the nuclear option. Last night President Trump nominated federal Appeals Court judge neil gorsuch of colorado, and heres our chief Legal Correspondent jan crawford. Good morning. Reporter a day after President Trump introduced him to the nation, judge neil gorsuch star mtedeeting with senators, who will determine his fate. Im looking forward to getting the confirmation process started. Reporter tapped to replace a conservative icon, gorsuch is said to have justice antonin scalias sharp intellect and support, say his congenial demeanor could help build consensus on a closely divided court. But as gorsuch made the rounds on capitol hill, consensus was nowhere to be found as democrats like massachusetts senator ed markey vowed a fight. I think that the democrats should do everything order to block his nomination. Reporter with the battlelines drawn, liberal judicial activist groups are urging Senate Democrats to hold firm. On the right, the Judicial Crisis Network is spending 10 million on advertising, targeting red state Senate Democrats like west virginias joe manchin, who met with gorsuch wednesday. We have a lot to talk about to try to get to know each other. Reporter arguing for his nominee, President Trump said if democrats filibuster, requiring 60 votes to end debate, senator Majority Leader Mitch Mcconnell has an option. I think if there is a dishonesty to go against their vote, but if we end up with that gridlock, i would say, if you can, mitch, go nuclear. Reporter under the socalled nuclear option, republicans would change senate rules to do away with filibusters for Supreme Court nominees. Scott, that would mean they could confirm judge gorsuch with a simple majority vote. Pelley jan crawford for us tonight, jan, thanks. Sharp warning today to iran at the white house briefing. David martin has that. Reporter President Trumps National Security adviser Michael Flynn used his first public appearance to declare a new hardline policy toward iran. Iran is now feeling emboldened. As of today we are officially putting iran on notice. Reporter flynn was referring to irans recent test of a ballistic missile. Test was considered a failure by u. S. Intelligence because it exploded after flying 600 miles, but flynn said it defied a u. N. Resolution barring iran from testing missiles capable of carrying a nuclear warhead. Irans foreign minister denied the charge and issued his own warning to the u. S. The urs. , he said, must not abuse this issue to spark a fresh tension. Republican also cited mondays attack against a Saudi Arabian frigate off the coast of yemen by iranianbacked rebels. Some u. S. Intelligence analysts concluded the rebels thought warship. Even though there were no u. S. Ships in the area at the time. A white house official said the administration was reviewing all options against iran from economic to military. Its too soon the say the Trump Administration and iran are now on a collision course, but that white house official said iran should heed flynns warning and change its we heat behavior. Scott . Pelley david martin at the pentagon. David, thank you. President trump and his daughter took a helicopter to Dover Air Force base in delaware to honor Navy Seal Ryan owens who was killed in a raid against al qaeda in yemen. His remains were returned today. Owens, 36, from pee umenyiora, is the First Service member killed since mr. Trump became commanderinchief. Hundreds of u. S. Diplomats are warning that mr. Trumps ban on refugees and citizens from seven predominantly muslim countries makes the u. S. More. Major garrett is at the white house. Im a bit uncomfortable with the very public activities candidly, and i think that has to be very, very carefully considered. Reporter former c. I. A. Director David Petreaus told Congress Today the unprecedented upriding of dissent within the state department over President Trumps immigration and refugee order cannot be ignored. There could come a point in time where, if your advice is not taken over and over and over again, then i think you have an obligation to your own organization and to the country to say perhaps i should let you get someone whose advice you might listen to, since mine is not being regarded. Reporter more than 800 career diplomats have signed a dissent cable that Rex Tillerson confirmed today as secretary of state will find waiting for him at the state department. The cable said mr. Trumps order will have little practical effect in improving Public Safety because a the u. S. Have committed acts of terrorism. The net result will not be a drop in terror attacks in the United States, it said, rather it will be a drop in International Goodwill toward americans. The dissent process began during the vietnam war and allows diplomats to protest government policy without fear of retribution. White House Press Secretary sean spicer was asked about pushback at the state department on monday. I think they should either get with the program our they can go. Reporter later that day the president fired acting attorney general sally yates, an Obama Administration holdover, who said she would not defend the immigration executive order. Is it the president s point of view that when there is dissent it can be rooted in a philosophical disagreement thats not necessarily in defiance of his orders and there can be a dialogue . People have a right to speak their mind, and there is a difference between expressing dissent and concern and not implementing a lawful order as the acting attorney general did the other night. Reporter the white hou a clarification, saying anyone with a green card is now fully exempt from the executive orders travel restriction. Scott, when that order was originally unveiled, the white house said the travel ban did apply the green card holders, then said, no, they would only face extra scrutiny in the process. This latest change, it bares noting, is the result of both intern i will and external criticism. Pelley Major Garrett at the white house, thanks. Americans working in iraq are telling our Charlie Dagata that the travel ban is complicating their work. Reporter working in iraq has always been a risky prospect, especially for u. S. Citizens. But lawyer Thomas Donovan says the new immigration ban just made it more dangerous. This ban makes it more difficult for us to live and to work and to gain the trust of the iraqi people that we need to continue doing our jobs. Reporter hes been working in the Energy Sector here for the past ten years. Hes seen the worst of the civil re but he told us joining forces with the iraqis to fight isis had improved relations. Until the travel ban sent that into a tailspin. For those iraqis that simply do not understand it and see it as a muslim ban, all that it becomes is more ammunition to use and more reason to not trust the United States and the people of the United States that work here. Reporter some companies with American Employees arent taking any chances. Weve learned one business has already pulled u. S. Staff out of baghdad. The Iraqi Parliament has voted unanimously to retaliate, though its not clear what theyll do. Hanan fatlawi led the fight. Its a bad message to iraqis. Reporter you have said its insulting. Yes, its insulting. Reporter and she said it plays right into the hands of isis. This is a negative to message to other muslims to be extremists. If you arere bad way, you are encouraging him to be bad. Reporter were expecting widespread antiamerican demonstrations in baghdad and several other cities on friday, scott, to denounce the ban and demand americans be expelled. Pelley Charlie Dagata for us tonight. The ban is at the center of a legal battle here at home, and Demarco Morgan is following that. Reporter the cheers erupted the moment word spread, the a. C. L. U. Had just persuaded a federal judge to halt deportation of immigrants and refugees from seven predominantly muslim countries. That was saturday night, and lead attorney lee gelernt was the crowds hero. Crowd thank you, thank you, thank you i expected there to be people outside the courtroom after we won, but the walk out and see 1,000 people cheering, just an unbelievable experience. Reporter u. S. District judge ann donnelly also ordered the government to provide the being detained by customs at u. S. Airports. The judge in a nutshell saw through what the government was doing and gave us what we wanted. Reporter but after four days gelernt is frustrated. The government has not provided that list. The government says there are no names to provide since all 109 people held over the weekend have been released, but gelernt believes the 109 number is low and there were actually hundreds more affected. He wants to know who they are and where they are. One thing were going to see from the list when we get it is that people were removed from the country after we filed the case. If thats true, and we believe it is true, we will go back the court and ask those people be brought back to the United States because they could be in real danger. Reporter thats the end goal . I think the end goal is to get our refugee system and our immigration system back to where they were before this muslim ban came out. Reporter lawyers are scheduled to be back in court tomorrow. Scott, it when the judge will determine where both sides stand and what should happen next. Pelley Demarco Morgan, thanks. In another big story, inmates are Holding Hostages inside a maximumsecurity prison in delaware, and chip reid is there. Chip . Reporter well, good evening. This hostage situation began at 10 30 a. M. When a prison guard made an emergency call for immediate assistance after five corrections employees were taken hostage by inmates. Police and swat teams responded quickly. This afternoon one hostage was released with nonlifethreatening injuries, but the other four are believed to still be in there, and we do not know their condition. Law enforcement agencies, including the f. B. I. , are trying to negotiate a peaceful resolution, and we are told there are good negotiations going on. A lawsuit was filed against the smithsonian in 2015 over its treatment of mentally ill patients. That suit was settled in september, and, scott, according to delaware prison system has the fifth highest rate of overcrowding in the nation. Pelley cheiip rd in dover, delaware, thanks. Coming up next on the cbs evening news, airlines are taking no frills to new lows. And later, an inspiring couple reaches new heights. Type 2 diabetes, listen up. Were not professional athletes. But that doesnt mean were giving up. Im in this for me. For me. Along with diet and exercise, farxiga helps lower blood sugar in adults with type 2 diabetes. Lowering a1c by up to 1. 2 points. Do not take if allergic to farxiga. If you experience symptoms of a serious allergic reaction such as rash,. Swelling, difficulty breathing or swallowing,. Stop taking and seek medical help right away. Do not take farxiga if you have severe kidney problems,. Are on dialysis, or have bladder cancer. You have blood or red color in your urine,. Or pain while you urinate. Farxiga can cause serious side effects including dehydration, genital yeast infections in women and men, serious urinary tract infections, low blood sugar, and kidney problems. Stop taking farxiga and call your doctor right away. 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Painter you want this color over the whole house . Pelley just when you thought there were no comforts left in airline travel, airlines are about to launch a new lower class of service. Heres kris van cleve. Reporter american and United Airlines will soon offer a limited number of basic economy fares. They come with a low price and a catch. Welcome aboard. Reporter passengers cant choose a seated, are allowed only one carryon that must under the seat and likely will be the last to board. These basic economy fares are use or lose, no changes new york cabslations, but the airlines say once youre on board the aircraft, it will be basically the same experience as everybody else has in economy, except, of course, no overhead bins and youre probably going to be in a middle seat. No overhead bin access has senator Chuck Schumer calling for a new law. They charge you when you store luggage. They shouldnt charge you for the overhead bin, plain and simple. Reporter these restrictive bargain tickets come as ultra lowfare carriers le spirit are increasingly competing for their customers. When we check roundtrip nonstops from chicago to los angeles in march, spirits bare fare was about 22 below united and beat american by nearly 100. United and american have not announced the new pricing. Sean kennedy represents the airlines. An airline is offering a cheaper product for customers that want the fly, theyre budget conscious. Im not sure why controversy. Reporter it will be a costconscious debate at 3,000 feet over getting just what you paid for. Kris van cleve, cbs news, fort lauderdale. Pelley coming up next, a bacon shortage . Not exactly. Their training is developed by the same company who designed, engineered, and built the cars. Theyve got the parts, tools, and knowhow to help keep your ford running strong. 35,000 specialists all across america. No one knows your ford better than ford. And ford service. 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Pelley the morning headline was enough to make people lose their breakfast. Could there really be a bacon shortage . In a pigs eye. The government reported that frozen pork belly reserves are at their lowest in half a century, but the key word is reserves. Turns out theres still plenty of bacon to go around. And then there were the headlines that the Westminster Dog Show is being open to cats. Well, that gave us pause, until we dug enter it and found out the animals wont be going at it like cats and dogs. The cats wont be competing. Theyll be part of a meet the breed event. And george and barbara bush are feeling better after his bout with knew macedonia and hers with bronchitis. Theyre going to go to the super bowl. Theyve accepted an invitation to preside over the coin toss. Mr. Bush tweeted this message, getting fired up for sunday and the super bowl. Coming up next, when tragedy struck, they were perfect husband and wife. L. Eat more fiber. Flax seeds. Yogurt. Get moving. 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For the strength and energy to get back to doing. Ve. Ensure. Always be you. Pelley we end tonight at the Empire State Building where many a love story has been set but few as remarkable as this. Heres tony dokoupil. Reporter for months Roseann Sdoia and mike materia have been training for the empire state runup, a race to one of the top of the tallest biddings in the world. How do you feel when you come up ha ill probably cry. Ill be bad its over, big time. Reporter a big day for a couple whose relationship can be traced back to a hospital bed. I was sedated until tuesday evening. So when i came out, my mom is like, who is that firefighter. Im like, are you kidding me right now . I was just blown up. Reporter in april 2013, roseann was watching the winners cross the Boston Marathon finish line. I heard the first one go off. At the second location, the backpack was behind me by two, three feet. Reporter the second explosion destroyed her right leg and left her bleeding in the street. Three strangers ran to her aid, one tieing a tourniquet to her leg, but it was mike who held her hand all the way to the hospitals. He was trying to hold the tourniquet, and then me. Trying to keep her calm, and myself calm. Reporter theyve been together ever since, falling alove amid surgery, doctors visits and the long search for a its a whole new world for me in learning how to pick one, and funny enough, we agreed on each and every one of them. Reporter in December Mike surprised roseann with a ring, and tonight to raise money for other challenged athletes, theyll be racing up those Empire State Building steps together. I had a good life before all this happened, and i still want a good life. Reporter not long after her run up the stairs, shell be walking down the aisle. Tony dokoupil, cbs news, new york. Pelley and thats the cbs evening news for tonight. For all of us at cbs news all around the world, good night. If you have to, mitch, go nuclear. I have very serious doubts that neil gorsuch is up to the job. My sons an daughters are stranded. All children are stranded because of this nonsense. We honor the tremendous history of the african americans. This is a story of unimaginable sacrifice, hard work. President trumps black history remarks. What he had to say. We have that coming up. We start with the battle for the Supreme Court. Judge neil gorsuch has six weeks to prepare for his confirmation hearing to become the supreme