Julianna, thank you. The cbs overnight news will be in a major change of policy, medicare will now pay for end of Life Counseling for terminal patients. And our doctor jon lapook has more on this. Reporter amy berman is a Health Policy foundation. So five years ago when diagnosed with a rare form of Breast Cancer she knew to do her what did you find . Its the worst form of breast nobody survives it. When your Doctors First discussed your treatment plan, did they ask you what do you want . One doctor was perfection. She said we can try to hold back the cancer but not do things that are unnecessary. I went to another dr. And this other doctor wanted to do the complete opposite kind of care, wanted to throw everything at the cancer, even though it wasnt going to change the outcome. Reporter berman chose only those treatments that ease pain. I really wanted to focus on living the best possible quality of life. Reporter dr. Diane meyer directs the center to advance palliative care, an emerging field of medicine that addresses a patients quality life. At the outset of a serious illness its very important to talk to patients and families about what they can expect. What is the Natural History of time frame. Reporter now that medicare will reimburse doctors for advance Care Planning and end of be more time for those discussions. Without those conversations decisions for us. Aggressive care. For somebody else it might be more aggressive care. Right. Its whatever it is that that person is hoping to do for their own health. Reporter the cancer has spread. But berman is continuing to work and play, living the best life she possibly can. Studies suggest patients who receive the kind of specialized care that focuses on quality of life and Pain Management have fewer hospital and Office Visits and may even live longer. Dr. Jon lapook for us tonight. Jon, thank you. The Supreme Court heard arguments today in the case of a black man sentenced to death in georgia for murdering a white woman. At issue is whether the prosecution illegally excluded blacks from the jury. Heres our chief legal correspondent, jan crawford. Reporter timothy fosters jury was all white, but prosecutors denied racial bias when they struck every africanamerican from the pool of prospective jurors. Then ten years ago defense prosecutors notes. What we really found was an arsenal of smoking guns. Reporter veteran Death Penalty attorney steven bright is representing foster. The notes were shocking in terms of just how explicit the racial factor was. Reporter the names of the potential africanamerican jurors were highlighted, and in this list of possible jurors titled definite nos, the top five people were black. In the Supreme Court monday georgias Deputy Attorney general argued prosecutors had valid reasons for excluding africanamerican jurors in the 1987 trial, and it flagged the black prospective jurors to make sure they were following new Supreme Court guidelines handed down in a landmark 1986 case to prevent Racial Discrimination in jury selection. But a majority of the justices appeared skeptical. Liberal Justice Elena kagan said the case seemed as clear a violation as the court is ever going to see of the courts 1986 guidelines. Conservative Justice Samuel alito, a former u. S. Attorney, also seems troubled, asking what about the giving a reason for dismissing one juror that she was close in age to the defendant . She was in her 30s. He was 18 or 19. Now today some 30 years later antiDeath Penalty groups say that Racial Discrimination in jury selection may be less obvious but it still persists. Scott, the court in this case is unlikely to address those bigger concerns. Jan crawford at the Supreme Court tonight. Jan, thank you. We have been searching at the broadcast for solutions to gun violence in our series voices against violence. Recently we brought you the view of a gun rights advocate, larry pratt of gun owners of america. Tonight another perspective and another voice. My name is kai kloepfer. Im an 18yearold innovator from boulder, colorado and i spent the last three years of my life developing a smart gun that only works for the owner. The smart gun works by identifying the users fingerprint before the firearm is able to fire. This means that when a child finds an unsecured firearm in the house and picks up picks it up and starts to play with it it doesnt turn into a lifealtering accident. It all started for me with the aurora theater shooting. Living in boulder, colorado the theater in aurora where that shooting occurred is only 45 minutes away from my house and impacted not only me but the Colorado Community as a whole. The Smart Gun Technology that ive developed is very secure. The fingerprints are stored on the firearm and encrypted using militarygrade technology. The next main step for me is to take that technology and move it to an actual metal live firearm. Throughout the course of my research into accidental shootings and deaths in the United States, i learned that every 30 minutes in the United States on average a child dies or is injured by a firearm. A Technology Like this can legitimately save thousands of lives every single year in the United States. And im in a position to make that possible. The view of kai kloepfer. Still ahead on the broadcast, it was one of the craziest endings in football. How the refs blew it. How Fred Thompson helped bring down law and order on a president who broke the law. And what happened after the cabbie got clobbered. The cbs overnight news will be right back. laughs thats fun. That is fun. Its already dry it doesnt feel wet no wait time. This is great. My skin feels loved. Its very soft. Theres no white stuff. Its everything i love about dove. Can i keep it . laughs all the care of dove. Now in a dry antiperspirant spray. I will live the life of now with the skin of then olay total effects vitaminenriched. To fight the 7 signs of aging. In 4 weeks, skin looks up to 10 years younger. 7 in 1 from the worlds 1 olay. Your geico motorcycle, video replays were supposed to end bad calls by referees. Mark strassmann reports that did not happen when duke played miami saturday night. Lets go to the video. Reporter youre watching a robbery in progress. Miami had received the lastminute kickoff trailing duke by three points. Time expired as hurricane players lateraled the ball eight times. Eight. For the winning score. A final play for the ages. Can you believe what you just saw . Reporter but the refs blew it. The play is still under review. Reporter they huddled with a replay official for nine minutes. Its a legal play. Touchdown. Game is over. Reporter miamis miracle was a mirage. Hurricane player mark walton lateraled the ball with his knee touching the ground just a few feet away from an official. Duke coach david cutcliffe. I thought the guy was down and i said pictures will prove me right. Reporter look closer. Knee down, play over, game over. The Atlantic Coast conference, or acc, agreed. The last play of the game was not handled appropriately. It also ruled the now suspended officials had missed four calls on that play alone. So duke wins, right . Wrong. Dan wolken covers sports for usa today. There is currently no mechanism in the ncaa rulebook to overturn the result of a game in this circumstance. Once everyone leaves the field and the officials declare the game over, its over. Reporter which is why duke fans will always see this stadium as the scene of the crime. Mark strassmann, cbs news, atlanta. The vw emissions scandal expands to a legendary brand. Today the epa said it has discovered Cheating Software on more volkswagen diesel models. These include the 2014 vw touareg, the 2015 porsche cayenne, and 2016 audi quattro. The fraudulent software reduces tested but allows emissions to grow to nine times the legal limit when no one is looking. Theres a full list of the models at cbsnews. Com. An assault on an uber driver in orange county, california was captured on video, and Mireya Villarreal is following this. Let me tell you something, you little [ bleep ]. [ bleep ]. Reporter this is what happened during uber driver edward cabans last ride on friday night. He had just asked this apparently drunk passenger to get out of his car. It was terrifying. I just got blows to the side of my head. And im, you know, fumbling with the pepper spray. [ bleep ]. You [ bleep ]. [ bleep ]. Reporter passenger benjamin golden, a Marketing Executive for taco bell, was arrested by Costa Mesa Police and charged with assault and disorderly conduct. Taco bell fired him tonight, saying it offered and encouraged him to seek professional help. Caban picked the 32yearold passenger up from a bar. From the beginning he says the man was belligerent and refused to give him a dropoff address. I dont feel like he would have stopped if i didnt spray him. The way that he was coming at me. I was afraid he was going to start strangling me. Get out of my car. Sir get out of my car or i will call the police. Reporter it appears golden is about to leave. Let me tell you something, you little [ bleep ]. Reporter when riders sign up for uber, they agree to a code of conduct. Uber also has a ratings system for riders designed to keep drivers safe. I definitely dont plan on driving for uber anymore. You know, im looking for a job right now. Reporter uber would not tell us how many other drivers have they would also not share anything on their safety but scott, we did find out benjamin golden has been banned Mireya Villarreal in los angeles. Mireya, thank you. Fred thompson died yesterday of cancer. The lawyer turned actor, politician, and tv pitch man was 73, and nancy cordes remembers. Implicated attorney parkins. Reporter the year was 1973. Thompson was 30 and serving as chief counsel to republicans on the Senate Watergate committee. He was the first to reveal in a televised hearing the existence of secret white house tapes. Are you aware of any devices that were installed in the executive Office Building office of the president . Yes, sir. Reporter thompson, a loyal republican, later said he had assumed the tapes would prove that president nixon did nothing wrong. Instead the tapes documented crimes and coverups and led to nixons resignation. I shall resign the presidency effective at noon tomorrow. Reporter thompsons transition to acting was accidental. He was asked to play himself in a 1985 movie about a Corruption Case he won in tennessee. It turned out he was a natural. Things are liable to get a little dicey around here. Reporter but thompson missed Public Service and ran for the senate in 1994, representing tennessee for nine years. In 2007 he set his sights even higher. Im running for president of the United States. All right there you have it. Reporter he was seen initially as the man to beat. But voters noticed he seemed ambivalent. Even thompson joked about it with us on the trail. Are you sure you have the fire in the belly to do this . I have the fire in the belly. All right. Reporter he dropped out early and may have been miscast for that role. When under attack circle the wagons. Reporter but will be remembered for so many others. Nancy cordes, cbs news, washington. And thats the overnight news for this tuesday. For some of you the news continues. For others check back with us just a little bit later for the morning news and of course cbs this morning. From the Broadcast Center in new announcer this is the cbs overnight news. Welcome to the overnight news. Im jericka duncan. Former Florida Governor jeb bush is shaking up his campaign again, trying to claw his way out of the pack for the gop president ial nomination. He unveiled a new campaign slogan, jeb can fix it. Well, bush needs to fix it quick. The latest cbs News New York times poll shows him stuck at just 7 , trailing ben carson, donald trump, and marco rubio. Bush has already cut the salaries of Campaign Staff and says starting today hell be spending more time in the early hampshire, and south carolina. The republican debates havent been kind to bush. Both he and most of the other gop president ial hopefuls are now demanding changes to the debate format. Major garrett reports. Reporter good morning. The rnc pushed aside its lead debate negotiator and gave the job to its current chief operating officer and former top attorney. After the cnbc debate gop president ial campaigns wanted a pound of flesh. Now they have it. That and leverage to change future debates. Almost all republican president ial campaigns sent advisers to the debate strategy session. They emerged united in driving a harder bargain with the tv broadcasters. Barry bennett with ben carsons Campaign Said the Republican National committee will not call the shots. The rnc has sanctioned eight more debates. What were doing is asking those sanctioned broadcast partners to give us some information so we can talk with them and decide what the format is. Reporter the campaigns will push for guaranteed opening and closing statements and commitments to distribute questions more evenly. Ben ginsberg, a longtime rnc legal adviser. Now its time to make a course correction. 15 still leaves you with a 1. 1 trillion hole reporter candidates like carson say they want constraints on debate moderators. We should have moderators who are interested in disseminating the information about the candidates as opposed to, you know, gotcha. You did this. And defend yourself on that. Reporter as for defending, jeb bush after three mediocre debates has had to do plenty of it. Im a grinder. I mean, when i see that im not doing something well, then i reset and i get better. Reporter bush tried unsuccessfully to get the better of ally turned rival marco rubio by attack dozens of senate votes missed while campaigning. A topic bush wont let go. I think hes given up. And i think thats the wrong thing to do. Reporter back to the debates. The Campaign Said there simply isnt enough time to incorporate all the desired changes into the november 10th debate on the fox business channel. There will, however, be longer there will be time for longer answers, norah. 90 seconds instead of 60. The debate format hasnt hurt marco rubios campaign. In fact, it is helping him surge. A poll of likely republican primary voters in New Hampshire shows rubio at 13 , up from just 4 in september. Donald trump remains in the lead with 26 , and ben carson has 16 . Rubio discussed his campaign with John Dickerson of face the nation. In 2008 republicans running, talking about the democrats that were running, there were some senators running, barack obama, hillary clinton. Constantly i heard republicans say theyve never run as much as a lemonade stand, they dont have executive experience, they havent met a payroll, they havent governed. Why doesnt that apply to you now as a candidate well, first of all, the presidencys not a bookkeeping job. I mean, it is not some glorified accounting job. Its the leader of the United States both of its people and of the nation and the government. The job of a president is to craft a vision for americas in the right position and hold them accountable for carrying out your agenda, but also to rally the country behind big causes. Undertaking. It will never happen without not to Mention National security. Is the most important job of a president. In the context of barack obama he has now been president for seven years, he has significant executive experience and hes still making mistakes in my issue with him is not that he didnt have executive experience. Its that his ideas did not work. And thats why i think its important to elect someone to the presidency with the right ideas, ideas that allow the private sector to succeed because thats where you get job creation and economic prosperity, but also someone that understands the risks in the world today and what americas role in the world needs to be. But i guess when and this is obviously something your opponents are bringing up. Jeb bush has said in a fundraising appeal, he says you have no credible experience beyond governing. I guess the question is have you been in a position where youve had to make tough calls, where there are real consequences, and where do you get that strength from . If you were to make the presidency where youd be in those kind of decisions all day long. It is true that the presidencys not like being a u. S. Senator. But its also not like being a governor. There is no office in the world like the United States presidency. What i have shown over the last five years especially is judgment, good judgment, and understanding of the major issues before america, particularly on Foreign Policy. I do not believe theres anyone else in this race that has shown better judgment on the issues before America Today than i have and a better understanding of them, especially on the Foreign Policy