good morning, everybody. busy morning around here this morning. >> that's where we begin. let's head over to washington and president obama's nomination of elena kagan to the supreme court. bill plante has the latest for us. good morning, bill. >> reporter: good morning. the white house says the president made his final choice last night and he called kagan about 8:30 in the evening and then the white house let the others on the short list know that they weren't being called. the nomination comes as no surprise to many people here in washington. kagan's name was at the very top of the president's short list. elena kay began now serves as solicit tore general, the administration's top lawyer. before that, she was dean of varied law, the first woman in both those jobs. and at 50, she is the young he is person president obama was said to be considering. >> she's incredibly well respected for her ability to bring conservatives and liberals together. plus she gives the president someone who can be on the court for a quarter century and be his lega legacy. >> reporter: if she's confirmed, kagan would become the third woman on the current court and repla replace john paul stevens. justice kennedy is considered the crucial swing vote. where are kagan is a moderate with no judicial record. >> i don't think the white house is roer worried whether they can get the person through. instead they want a relatively smooth process so it's not a distraction. they need the country focused on the president's economiced a yen today rather than on large social issues. >> reporter: unlike president obama's other finalists, kagan has never been a judge and her nomination is likely to bring protest prs conservative groups. as dean of harvard law school, she argued against military recruiting on campus because she opposes the don't ask don't tell policy. despite this controversy, court watchers expect the senate to confirm her. >> she's really well-known pie this white house, she was also in the clinton white house. they've had a lot of time to go through her paper record from her previous service in government. and she was just confirmed by the senate. so she's been under the micro scope. >> reporter: she was just confirmed, 61-31, but the tally this time might be a little bit closer because politics is going play a much larger part. harry? >> imagine that. bill plante at the white house. thank you very much. also in washington, our cbs news chief legal correspondent jan crawford and bob schieffer, chief washington correspondent and host of "face the nation." good morning, all. >> good morning. >> jan, let me start with you. why elena kagan? >> at the end of the day, she gave the white house everything that she wanted. she's progressive, even though some people say she may be moderate, but she is a progressive, she will be a leader, she can build coalitions, bring consensus together, and she's 50 years old. so that combined with the fact that she's not going to be a huge fight is what tipped the balance to her. >> so interesting, no real paper trail, no judicial record to speak of. as i was calling through her information, it seemed she was almost as valued for her eq as her i qumt, her ability to get along with other people. >> she has both. she was a professor of mine at the university of chicago law school and she's very engaginen quite dynamic in her personality. and you see that when she's arguing cases before the supreme court. the justices really like her. you should see just it tis scolia, a conservative, and kagan going back and forth. so the white house sees that as a real plus. >> isn't it ironic it appears the president of the united states during his state of the union address specifically chas tices the court for its decision on campaign finance reform and allowing corporations to put as much money in campaigns they want and the person who arpgd against that was elay in kay began. elay in kay began. >> she was on the side of every day americans. the problem for her and why this doesn't quite fit is that she's not really an every day american. she's upper west side new york, princeton, harvard, oxford, so she is part of that elite academic world that republicans this morning already are hammering her as a true washington insider. >> bob schieffer, as this bubbles up and people start to chime in, people talk about her being confirmable and she was just confirmed as solicit tore general, 61-31. what kind of fight do you think will ensue?tore general, 61-31. what kind of fight do you think will ensue? >> a really bitter and vicious one. i would start by saying i think she is imminently qualified. but we're in an election year and especially toxic election year. just this weekend, you saw the very conservative bob bennett, the senator from utah, lose the republican nomination members to the right thought that he was not conservative enough. i think you will see some republican senators, moderates, giving very careful consideration to their vote on el elena kagan. a vote against her would be tea party insurance to let people know that they're moving to the right. the republican party is moving very far to the right. so i think this is going to be she may be confirmed in the end, i think she probably will, but this is going to be a very, very difficult election year argument on capitol hill. >> because there was another candidate who was viewed as being more centrist, as being confirmable in the long run if it, for instance, there is a loss of democratic votes in the senate in this the futuin the future. the president decided this is my best card to play. you think it it will be rangrous, though. >> you're talking about merrick garland. i think most people thought he would be the most easily confirmed. the president chose not to go that way. i think the second most easily confirmed was probably kagan, but that doesn't mean it's not going to be a really drawn out and a tough fight. republicans are going to give very careful consideration to whether they vote for her. not because of her, but because of the situation in this election year. >> and as young as she is and being around if a long time. bob schieffer, thank you. jan crawford, appreciate your expertise.a long time. bob schieffer, thank you. jan crawford, appreciate your expertise. let's turn to the desperate race to stop the massive oil leak in the gulf. so far it has spewed about about 3.5 million gallons and all efforts to plug it have failed. but now bp is hoping a long shot just might do the trick. cbs news correspondent don teague is live in venice, louisiana with the latest there. don, good morning. >> reporter: good morning, maggie. so far, bp says it has spent $350 million dealing with this oil leak and they're spending millions more every day trying to figure out a way to stop the flow of oil. another failure in the effort to stop the flow of leaking oil. a 100-ton dome placed over the leak to contain then sigh gone the oil isn't working because of a buildup of ice crystals. >> we've got more strategies to pursue with the sub sea containment system, what we've referred to as the dome. our whole focus is on containing it oil and fighting it at sea. >> reporter: this week bp hopes to try again with a smaller dome. if f. that doesn't work, they'll try cutting the leaking pipe, then placing a new pipe over it that will redirect the gushing oil to container ships. finally, they will try to clog the well in a procedure called top kill. >> they'll take a bunch of debris, shredded up tire, golf paul, and under high pressure shoot it into the preventer itself and see if they can clog it up. >> reporter: with the first tar balls washing up on an alabama island beach over the weekend, there is even greater urgency to contain the oil slick which is hovering just offshore in the gulf of mexico. here in louisiana, officials are considering their own long shot now. they are considering using dredges to build new barrier islands that would hopefully block that oil from reaching marshes and other sensitive area ps. >> as longs as they keep trying. thank you, don. turns out accused times square bomber faisal shahzad with a not acting alone after all. key have links to the same terrorist group that's been hiding osama bin laden. bob orr is in washington with the latest on that. good morning. >> reporter: well, for the past week, faisal shahzad's told a consistent story, that is he hasslings to foreign terrorists in pakistan. now the u.s. government says that is true. a terror group which shares turf with code and other islamic radicals is connected to the times square attack. in the hours after the botched attack, the pack is an thi taliban claimed responsibility. u.s. officialsed a first dismissed the boast. but now investigators say they have evidence conclusively linking shahzad to the foreign terror group. >> he was trained by them and received funding from them, he was basically directed here to the yubd to carry out this attack. >> reporter: sha sard, a pakistani native who became a u.s. citizen last spring, continues to cooperate with interrogator interrogators. he claims he met numerous terror operatives, but officials say he apparently was sponsored by the pakistani taliban and that presents a troubling new threat. >> a pakistani taliban, which had been focused on pakistan, have now shown thaws they can attack the united states. >> reporter: the interrogation of shahzad has also renewed the debate about terror suspension and miranda warnings. as in the case of the underwear bomber, the fbi began questioning shahzad before reading him his rights. that's legal under what's called a public safety exception. but eric holder said officials may need even more flexibility in terrorism cases. >> i think that we have to think about perhaps modifying the rules that interrogators have and somehow coming up with something that is flexible. >> reporter: officials have still not explained what the evidence is that they have linking shahzad to the pakistani taliban, but a number of his associates are in custody in pakistan, including a friend with very close ties to terrorists. in addition, it's now clear that the unemployed shahzad clearly had help in paying for the attack. harry? >> bob orr in washington. thanks so much. right now it's time to head to the news desk and betty nguyen who is in for erica hill. good morning, everybody. it might be good news for wall street as stock markets overseas headed to higher ground this morning. cbs news business and economics correspondent rebecca jarvis is at the new york stock exchange. >> reporter: optimism reigns around the globe this morning. take a look at how the things traded overnight. the nikkei closed higher by 1.6%, trading under way in europe and it's even more optimistic picture. the cac is higher by almost 9% and futures indicate the market will open higher by 4%. why all this positive different in the markets? greece has gotten its bailout package. $1 trillion in europe now dedicated to bail out the banks and keep countries like greece and others from defaulting on their debts. here in the united states, the focus is also on why we saw that precipitous decline last week on thursday when the dow fell almost 1,000 points in a single session. lawmakers and regulators are looking into the cause of those rapid declines. betty? >> rebecca jarvis at the new york stock exchange. thank you. entertainer lena horne was among the brightest of american stars for 70 years. yesterday she died at age 92. cbs' michelle gielan reports. ♪ stormy weather >> reporter: lena horne, legendary singer, actress and passionate champion of civil right, spent much of her life struggling to find her place in the world. >> you've got to stick with it, you got to outdo it, outthink about, sing about, everything because somebody else will then get a chance. >> reporter: in the 1940s, horne was one of the first black form frchlers to front a white band, and amongst the first to sign a hollywood contract. she starred in the first all black movie musical, stormy weather, the title song became her signature number. she made 22 films including more than a dozen musicals, but often only in singing parts that could easily be cut on fout southern audiences. she embraced civil rights and joined the 1963 march on washington. in a 1999 interview, she talked about her struggles with racism saying it was damm fight everywhere i was, every place i worked in new york, in hollywood, all over the world. in her later year, she received tremendous acclaim winning four grammys, including a 1989 life time achievement award. in a famous 1981 interview, she told "60 minutes" ed bradley it has all been worth it. >> i believe in my real self now, yes. >> but it took you a while to find that. >> yes. well, some people are late bloomers. ♪ >> and dallas braden of the oakland athletics was perfect. the lefty pitched the 19th perfect game in major league baseball history beating tampa bay 4-0. and on mother's day, he got a teary hug from his grandmother who helped raise him. con grat lapgratulations to him. dave price is here, good morning. >> nice to see you, betty. let's take a look at our weather headlines for the morning. got a lot going on that's a quick look at our weather picture. people in the northeast putting the heat on last night. >> it was cold. >> in may. >> it was cold. thank you, dave. coming up here this morning, so just who is elay in kay began, president obama's pick for the supreme court? we'll hear from her former classmate and longtime friend, former new york governor eliot spitzer. also this morning, a new warning for parents about the dangers of drop-side cribs. and she is taking britain by storm. we'll talk exclusively with the great granny who could be the next susan boyle. you're watching "the early show" on cbs. depression is a serious medical condition it can 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[barking] v8. what's your number? back in 1977, elena kagan, president obama's choice replace justice stevens on the supreme court, was a freshman at harvard where she went on to be the first dean of the law school. her classmate at the time, eliot spitzer, went on to be governor of new york. he joins us exclusively this morning to give us a little insight. they've been friends for 30 years. we'll hear more about elena kagan from he will got spitzer in just a minute. >> announcer: this this portion of "the early show" sponsored by master card. there are some things money conditions buy. for everything else, there's mastercard. 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