Captioning sponsored by cbs this is the cbs evening news with scott pelley. Pelley president obamas attempt to impose Immigration Reform by executive action was blocked today by judicial action. A tie in the Supreme Court was a defeat for the president who had sidestepped congress withs his plan to spare millions of Illegal Immigrants from being deported. Heres chief Legal Correspondent jan crawford. The People United will never be defeated. Reporter protesters gathered in front of the court, waiting for the justices to announce the case. But instead of a decision, there was deadlock, a oneline order by a court divided 44, keeping in place the Lower Court Ruling striking down the president s program. The nondecision effectively ends the president s efforts to reform Immigration Law by executive action. And the fact that the Supreme Court wasnt able to issue a decision today doesnt just set the system back even further. It takes us further from the country we aspire to be. Reporter the president announced the program in 2014 after congress failed to pass Immigration Reform. There are actions i have the Legal Authority to take as president. Reporter the executive action would have shielded up to 4 million Illegal Immigrants from deportation, parents with children who are here legally, like 45yearold isabelle from honduras. Two of her three children were born in the u. S. , and today they all were outside the court. She says she lives in constant fear of immigration officials. Reporter but opponents argue the president ran roughshod over congress and had no Constitutional Authority to act on his own and lower courts agreed. Mike hethmon, senior counsel at the Immigration Reform law institute, sailed the program would have encouraged more illegal immigration. The president s idea that he can unilaterally not enforce our laws because of some perceived political benefit, its its a dangerous and abhorrent idea, and thank goodness, you know, we have this this guidance, as limited as it is, from the Supreme Court. Reporter the president used the case to argue a court of eight justices was unworkable. He again urged Senate Republicans to confirm judge Merrick Garland to replace the late justice antonin scalia. But garland could not have been confirmed in time to hear this case. And, scott, if Justice Scalia were still on the court, the decision probably would have been 54 against the president , with the sweeping ruling scaling back his use of executive power. Pelley and this doesnt mean there will be mass deportations. Its just a return to the status quo. Jan crawford reporting from the court. Jan, thank you. In another major case today, the court ruled that universitieses may consider race in student admissions. The case involved a suit against the university of texas, and Mark Strassmann is in austin. Reporter at the university of texas in austin, an applicants race is considered for one of every three undergraduates. That approach was endorsed by todays 43 Supreme Court decision. Justice Anthony Kennedy writing for the majority argued for american educations need to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity. This was a serious challenge to the use of race in university admissions. Reporter ilya shapiro studieses constitutional fooshz the cato institute, a Public Policy think attention. This means that people about thing or hurt by u. T. Austins use of race continue to be hurt or benefiting from it. Reporter eight state prohibit affirmative action admissions. Abigail fisher sued u. T. Austin after the school rejected her, she claims in favor of minority applicants with lower grades and test scores as she argued last year. Like most americans i dont believe that students should be treated differently based on their race. Reporter Justice Samuel alito agreed. His dissent called todays ruling remarkable and remarkably wrong and argued u. T. Austins policy is affirmative action anyone wild. Sergio cavazos disagrees. I think its about giving us a chance. Reporter hes a 20yearold senior at u. T. Austin. You grew up in south texas, lower income, spanish speaking. Do kids there need this kind of help to get into a school like this . Absolutely. And a the lot of our schools down there arent as well funded and dont have those opportunities and, frankly, we arent as prepared. Sergio cavazos told me todays Supreme Court decision will help his younger sister who intends to apply to u. T. Austin next year. Pelley Mark Strassmann on the u. T. Campus tonight. Mark, thank you. Well severe storms pounded the middle Atlantic States today in ravenswood, west virginia, a toddler was swept away by floodwaters. The governor declared a flood emergency. 40,000 homes and businesses lost power. In allegheny county, virginia, streets turned into river. Police were warning people to stay off the roads. Today, a judge found that the only Baltimore Police officer charged with murder in the death of freddie gray was not guilty on all charges. Three of the six officers have now been tried, none convicted, and justice correspondent jeff pegues is in baltimore. Reporter prosecutors failed to prove that officer Ceasar Goodson jr. s actioning led to freddie grays death. In april 2015, goodson was driving the began in which the 25yearold was handcuffed, shackled, but not seat belted in. Gray suffered a severed spinal cord and died a week later. Today, judge Barry Williams ruled that there was no evidence that the defendant knew or should have known of the distress mr. Gray may have been in. And failing to seat belt a detainee in a transport van is not inherently criminal conduct. The ruling was the third loss for the citys top prosecutor, marilyn mosby. Six baltimore officers were arrested and charged in freddie grays death. The first trial ended in a hung jury, the second in an acquitable. Doug colbert, a law professor at the university of maryland, has attended all three trials. What does that mean for the prosecution . It means that convicting a Police Officer in this country is exceedingly rare event. And it also means theres a great deal of empathy and understanding of the Police Officer and much less so of the people who find themselves suffering injury, and in this case, losing their lives. Reporter after grays funeral, baltimore erupted in violence. Buildings burned and more than 150 Police Officers were injured facing off with rioters. Mosbys decision to charge the officers calmed the shaken city and was supported by residents like lois edwards. But now she doubts whether anyone will be convicted. Theyre not going to do nothing to them officers. And i feel like something should be done because a life was taken. Reporter critics of the prosecution say these acquittals are proof of a rush to judgment. Scott, what the judge in this case viewed as a lack of evidence could influence the trials to come. Pelley jeff pegues on the freddie gray story from the beginning. Jeff, thank you. Well, today, House Democrats ended their 25hour sitin, and it failed to force the republican majority to call a vote on gun control. Heres nancy cordes. No vote, no break. Reporter last nights rebellion gave way to a more subdued sitin today that petered out completely by 1 00 as democrats concede their ploy had not worked. The fight is not over. This is just one step. Reporter they had threatened to occupy the house floor indefinitely unless republicans allowed vote on two gun measures. If youre a suspected terrorist, by god, you shouldnt get a gun reporter but in the middle of the night, the speaker wrapped up house business over the din. Those in favor say aye. Those opposed say no. And adjourned the house until july 5. Today, he called the sitin a stunt. Theyre sending out fundraising solicitations, like this one. House democrats on the house floor. Your contribution will go to the dccc. 15. This is not a publicity stunt. This is a reckoning. Reporter democrats likened their cause to the civil rights struggle we shall overcome reporter republicans argued democrats are trying to restrict the right to bear arms. Why not just hold the vote like the senate did earlier this week . It would have taken, what, 15 minutes . We have a process for this. This is a bill that isnt even supported by a bipartisan majority. Reporter he argued the pandemonium set a worrisome precedent. No bill, no break were ungridlocked, okay. Reporter californias Maxine Waters disagreed. Republicans say there was a way to secure a vote without breaking the rules. It is not about the rules. Its about whether or not what were doing is the right thing to do. Were prepared to break the rules. Reporter democrats are vowing to pick the fight back up when they return on july 5. Though, they havent determined, scott, whether that means another sitin or some other form of congressional disobedience. Pelley nancy cordes all over capitol hill today. Nancy, thank you. Tonight, exit polls of voters suggest that Great Britain will stay in the European Union, but it is too close to be certain. The u. K. Is one of 28 nations in the European Union where people and trade move freely, like a United States of europe. Those voting leave want control of britains borders and freedom from e. U. Regulations. Those voting stay believe britain is safer and richer within the e u. The official vote count wont be until tomorrow. Two of britains most famous rock starses anxiously awaited word today from a los angeles jury that was deciding whether or not they stole one of their bestknown works. The verdict . The song remains the same, and so do the royalties. Heres john blackstone. Reporter for fans of led zeppelin, the bands attorney, Peter Anderson was a rock star himself today. Nice job you protected the best song ever. Reporter the jurys verdict that stairway to heaven was not stolen ended the challenge to one of rock n rolls iconic hits written more than 25 years ago by jimmy page and robert plant. In court today, page and plant smiled when the jury ruled they had not copied part of taurus, a song written by randy wolf in the mid1960s for his group spirit. But in court, the jury never actually heard taurus. We were handicapped. We had a foot stapled to the floor, a hand tied behind our back. Were working in this alternate reality where the song that jimmy page and robert plant had access to the jurors never got to hear. Reporter the only thing the judge aloud the jury to hear was this a guitar playing from sheet music for taurus filed for copyright in the 1960s. The jury did not hear taurus like this. As recorded by randy wolf and spirit in 1968. Wolf died in 1997. His sister, janet, carried a picture of him to court. Has randy been vindicated in any way by this trial do you think . We did win because people are going to know who my brother is now, and they can listen for themselves. Reporter but the big difference remains millions of dollars in royalties for stairway will continue flowing to led zeppelin. John blackstone, cbs news, los angeles. Pelley coming up next on the cbs evening news, new tests reveal a danger to passengers in small s. U. V. S. And later, this photo helped rally a nation but it turns out there was something wrong with the caption. Ing to relieve my pn and protect my joints from further damage. This is humira helping me go further. Humira works for many adults. It targets and helps to block a specific source of inflammation that contributes to ra symptoms. Doctors have been prescribing humira for over 13 years. 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With Liberty Mutual new car replacement, well replace the full value of your car. See Car Insurance in a whole new light. Liberty mutual insurance. Pelley we were surprised to learn today that some cars with top safety rankings for drivers may not be so safe for passengers. Heres our transportation correspondent kris van cleave. Reporter the Insurance Institute for Highway Safety retested seven small s. U. V. S with overall top safety pick status to see how the passenger side would handle a crash simulating hitting a pole with 25 of the car at 40 miles an hour. The 2016 Hyundai Tucson was the only one to earn a good ranking for both driver and front passenger protection. Three s. U. V. S scored good on the drivers side but acceptable for passengers. They lived. Reporter subaru has stressed the crash safety in commercials, but the forester earned a marginal ranking for front passengerrers, as did the nissan rogue. The 2015 twoept rav 4 earned the lowest ranking, 4. The passenger side showed 14 more inches of intrusion into the cabin and its door open, increasing the risk of ejection. In 2014, nearly 1700 front seat passengerring were killed in frontal crashes. Does that mean car makers are building their cars so they pass your test as opposed to applying what youve learned from those tests across the board . We knew from the beginning that manufacturers would focus their efforts on the side of the car that were testing. But the time has come to finally apply those same design improvements to the driver and the passenger sides. Reporter now, this test is not part of the governments fivestar safety ranking. Scott, subaru says it is reviewing the results. Toyota tells us it has begun add something additional front passenger protections to vehicle in addition the 2016 model year. Pelley kris van cleave for us tonight. Thank you very much. Some big names are in line for Kennedy Center honors. Well tell you about them next. Wopen up a lot of dawn. 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Pelley today, the coast guard recovered a second body believed to be from a sailboat missing off floridas gulf coast. Debris from the boat and two kayaks have been recovered. Ace kimberly, his two sons and a daughter, left sarasota on sunday. They later radioed that they were in rough seas and a thunderstorm. A panel with the c. B. C. Has reversed itself saying there is no evidence flu mist works. The spray was thought to be the best vaccine to protect children, but the panel says doctors should go back to flu shots. Today, washingtons Kennedy Center announced its honorees, actor al pacino, gospel and blues singer marvis staples. Argentine pianist martha argerich. Singer and songwriter james taylor. And the eagles. Plans to honor the eagles last year were put off because Founding Member glenn frey was ill. He died in january. The honorees will be celebrated at a december gala that is always broadcast by cbs. 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In todays terms, says retired marine cornell mary reinwald, it went viral and stayed viral. When you see that picture and you see the American Flag and the framing of that picture and it shoals victory. It shows the fighting spirit of the marine corps. Reporter 6,000 marines lost their lives in the battle for iwo jima, including three of the men identified in the photo. Three others were brought home on orders of president roosevelt. The photo had become so famous, that he wanted the flag raisers to go out on a were bond tower to help raise more money for the war effort. Reporter one of them was john bradley, a Navy Corpsman who fought alongside the marines. Now seven decades later and more than 10 years after bradley passed away, the marine corps has made an astonishing discovery about the men in this photo. John bradley was not one of the flag raisers. Were looking at all the various straps and Things Holding things to. Reporter the proof is in photos taken that day and analyzed by forensic specialist Michael Plaxton for a documentary on the smithsonian channel. Here is john bradley and here is the figure identified as can bra in the famous photo. The aha moment was almost the instant i looked at the two pictures side by side. Reporter bradley was wearing pouches in which he carried his medical equipment. The marine in the photo is wearing standard infrantry men gear. And the cuffs of his pants are rolled down over his boots. Bradleys cuffs were rolled up. If john bradley is not in that picture that raises obvious question of howhois the sixth more than that picture. This is the more difficult part of the exercise was, well, who is that guy . Reporter a freeze frame taken from the film of the flag raising provided the first clue. And the first thing i noticed about this man was that his helmet liner strap is hanging down beside his face, and its its swinging back and forth, and its very, very evident when you see it in the film. Reporter there was only one marine there with a strap like that. So heres harold schultz, and theres that loose liner strap. Reporter schultz survived the war but for the rest of his life never said publicly he was in the picture. Which is incredible in todays world, todays famedriven world. Reporter bradly, who was later wounded and received the navy cross, did raise a flag that day, but to hours later, it was replaced by the larger, more visible one which became immortal. That flag is on display at the marine corps museum. Bradleys name will come off, and schultzs will go on. The record stands corrected, but the truth of shared struggle and ultimate victory captured in that split second remains unchanged. David martin, cbs news, qawnt quo, virginia. Pelley heroes each and everyone. Thats the cbs evening news for tonight. For all of us at cbs, news all around the world, good night. Captioning sponsored by cbs captioned by Media Access Group at wgbh behind ben aflecks ne profanity linked rant. Why some are saying he was drunk on air and what happened just before the cameras started rolling . Then do you miss being on your old show . Ouch. Dont. Michaels first sit down interview since leaving what he is saying about kelly now. Stars summer slim down secrets. Britney, oprah, kim k. The stars dishing diet tips. Throw back thursday wit teenage tyra banks as she teps into the middle of a new super model show down. Here we go again, right . Now for june 23rd, 2016, this is entertainment tonight. Ben afleck goes bais