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Supreme Court divided on Voting Rights Act

(CBS News) WASHINGTON -- The Voting Rights Act has been the law of the land for nearly half a century, helping to ensure that minorities are not denied the right to vote. On Wednesday, Shelby County, Ala., challenged the law at the Supreme Court.

The arguments sharply divided the justices: The court's conservative majority appeared poised to strike down at least part of the act and eliminate the current federal oversight of voting in the South.

At issue is a decades-old provision in the law that requires nine states, mostly in the South, to get approval from the federal government before changing voting laws or procedures.

Justice Antonin Scalia called it a "racial entitlement."

Chief Justice John Roberts asked if the government believed "the citizens in the South are more racist than citizens in the North." Roberts said current data on voter turnout revealed more problems in Massachusetts than in Mississippi.

Congress did not rely on current data when, in 2006, it reauthorized the Voting Rights Act. It continued to rely on rates of minority voter registration and turnout in the elections of 1964, 1968 and 1972.

Will the Voting Rights Act survive the Supreme Court?
Proposed changes to Voting Rights Act stir controversy in Alabama

Alabama attorney Frank Ellis said Congress should look at the modern-day South.

Frank Ellis

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CBS News

"We ask for some recognition that we and these other converted jurisdictions have made great strides over the last 48 years," Ellis said.

The liberal justices strongly defended the law, saying Congress had thousands of pages of evidence documenting discrimination.

"Discrimination is discrimination, and what Congress said is it continues," Justice Sonia Sotomayor said.

Justice Stephen Breyer said, "The disease is still there ... it's gotten a lot better, a lot better, but it's still there."

Debo Adegbile

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CBS News

That's why civil rights attorney Debo Adegbile said the provision is as necessary today as a generation ago.

"The problems are much more serious, much more repetitive, there is a much greater continuity in certain places than others," Adegbile said.

The liberal justices -- and the Obama administration -- say the court should defer to Congress, which they say is was better situated to make judgments about discrimination in voting. But based on the arguments today, it does appear a majority of the conservative judges are ready to tell Congress it's going to have to make some changes in that law.

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Arias Prosecutor Too Combative, Experts Say

He has barked, yelled, been sarcastic and demanded answers from accused murderer Jodi Arias this week.

And in doing so, prosecutor Juan Martinez and his aggressive antics may be turning off the jury he is hoping to convince that Arias killed her ex-boyfriend Travis Alexander in June 2008, experts told ABCNews.com today.

"Martinez is his own worst enemy," Mel McDonald, a prominent Phoenix defense attorney and former judge, told ABC News. "He takes it to the point where it's ad nauseam. You have difficulty recognizing when he's driving the point home because he's always angry and pushy and pacing around the courtroom. He loses the effectiveness, rather than build it up."

"He's like a rabid dog and believes you've got to go to everybody's throat," he said.

"If they convict her and give her death, they do it in spite of Juan, not because of him," McDonald added.

Martinez's needling style was on display again today as he pestered Arias to admit that she willingly participated in kinky sex with Alexander, though she previously testified that she only succumbed to his erotic fantasies to please him.

Arias, now 32, and Alexander, who was 27 at the time of his death, dated for a year and continued to sleep together for another year following their break-up.

Arias drove to his house in Mesa, Ariz., in June 2008, had sex with him, they took nude photos together and she killed him in his shower. She claims it was in self-defense. If convicted, Arias could face the death penalty.

Jodi Arias, Prosecutor Butt Heads in Cross-Examination Watch Video

Jodi Arias Maintains She 'Felt Like a Prostitute' Watch Video

Jodi Arias Admits to Killing Man, Lying to Police Watch Video

Martinez also attempted to point out inconsistencies in her story of the killing, bickering with her over details about her journey from Yreka, Calif., to Mesa, Ariz., including why she borrowed gas cans from an ex-boyfriend, when she allegedly took naps and got lost while driving, and why she spontaneously decided to visit Alexander at his home in Mesa for a sexual liaison.

"I want to know what you're talking about," Arias said to Martinez at one point.

"No, I'm asking you," he yelled.

Later, he bellowed, "Am I asking you if you're telling the truth?"

"I don't know," Arias said, firing back at him. "Are you?"

During three days of cross examining Arias this week, Martinez has spent hours going back and forth with the defendant over word choice, her memory, and her answers to his questions.

"Everyone who takes witness stand for defense is an enemy," McDonald said. "He prides himself on being able to work by rarely referring to his notes, but what he's giving up in that is that there's so much time he wastes on stupid comments. A lot of what I've heard is utterly objectionable."

Martinez's behavior has spurred frequent objections of "witness badgering" from Arias' attorney Kirk Nurmi, who at one point Tuesday stood up in court and appealed to the judge to have a conference with all of the attorneys before questioning continued. Judge Sherry Stephens at one point admonished Martinez and Arias for speaking over one another.

Andy Hill, a former spokesperson for the Phoenix police department, and Steven Pitt, a forensic psychiatrist who has testified as an expert witness at many trials in the Phoenix area, both said that despite his aggressive style, Martinez would likely succeed in obtaining a guilty verdict.

"When it comes to cross examination, one size does not fit all," said Pitt. "But if you set aside the incessant sparring, what the prosecutor I believe is effectively doing is pointing out the various inconsistencies in the defendant's version of events."

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Pope readies for final audience on resignation eve

VATICAN CITY: Pope Benedict XVI will hold the last audience of his pontificate in St Peter's Square on Wednesday on the eve of his historic resignation as leader of the world's 1.2 billion Catholics.

Tens of thousands of pilgrims are expected at the Vatican to bid a final farewell to an 85-year-old pope who abruptly cut short his pontificate by declaring he was too weak in body and mind to keep up with the modern world.

The Vatican says 50,000 people have obtained tickets for the event but many more may come and city authorities are preparing for 200,000, installing metal detectors in the area, deploying snipers and setting up field clinics.

No parking has been allowed in the zone since 10:00 pm Tuesday, and cars were to be barred entirely from 7:00 am on Wednesday.

The weekly audience, which is exceptionally being held in St Peter's Square because of the numbers expected, is to begin at around 10:30 am (0930 GMT) and usually lasts around an hour with a mixture of prayers and religious instruction from the pope.

Benedict will be the first pope to step down since the Middle Ages -- a break with Catholic tradition that has worried conservatives but kindled the hopes of Catholics around the world who want a breath of new life in the Church.

Rome has been gripped by speculation over what prompted Benedict to resign and who the leading candidates might be to replace him.

Rumours and counter-rumours in the Italian media suggest cut-throat behind-the-scenes lobbying, prompting the Vatican to condemn what it has called "unacceptable pressure" to influence the papal election.

Campaign groups have also lobbied the Vatican to exclude two cardinals accused of covering up child sex abuse from the upcoming election conclave.

The Vatican has said Benedict will receive the title of "Roman pontiff emeritus" and can still be addressed as "Your Holiness" and wear the white papal cassock after he officially steps down at 1900 GMT on Thursday.

Just before that time, the Vatican said Benedict will be whisked off by helicopter to the papal summer residence of Castel Gandolfo near Rome where he will begin a life out of the public eye.

Benedict will wave from the residence's balcony one last time before retreating to a private chapel and, as he has said, a life "hidden from the world".

On the hour he formally loses his powers as sovereign pontiff, the liveried Swiss Guard that traditionally protects popes will leave the residence.

The shock of the resignation and its unprecedented nature in the Church's modern history has left the Vatican sometimes struggling to explain the implications and Benedict's future status -- from the banal to the theological.

Some Catholics find it hard to come to terms with the idea that someone who was elected in a supposedly divinely inspired vote could simply resign.

The Vatican has said Benedict will lose his power of divine infallibility -- a sort of supreme authority in doctrinal matters -- as soon as he steps down.

The Vatican has also explained that the personalised gold Fisherman's Ring traditionally used to seal papal documents -- a key symbol of the office -- will be destroyed by a special cardinal, as is customary in Catholic tradition.

Benedict has also chosen to swap his trademark red shoes for a brown pair given to him by artisans in Mexico during a trip last year.

Starting next week, cardinals from around the world will begin a series of meetings to decide what the priorities for the Catholic Church should be, set a start date for the conclave and consider possible candidates for pope.

The conclave -- a centuries-old tradition with an elaborate ritual -- is supposed to be held within 15 to 20 days of the death of the pope, but Benedict has given special dispensation for the cardinals to bring that date forward.

Cardinals have been flying in from around the world including US prelate Roger Mahony, a former archbishop of Los Angeles stripped of all church duties for mishandling and covering up sex abuse claims against dozens of priests.

A total of 115 "cardinal electors" are scheduled to take part after another voter, British cardinal Keith O'Brien said he would not be taking part after allegations emerged that he made unwanted advances towards priests in the 1980s.

- AFP/ck

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Doomed balloon riders nearly landed, then shot upward

STORY HIGHLIGHTS

• NEW: Conflicting reports emerge over company's safety record


• A British passenger and the pilot are hospitalized


• The balloon carried tourists from the UK, Hong Kong, Japan, France and Hungary


• A gas explosion caused the balloon to fall about 300 meters (almost 1,000 feet)

Were you there? Have you taken such a trip before in Egypt? Send us your experiences.

(CNN) -- The view from above southern Egypt is stunning, a contrast of beige desert valley giving way to green farmland, including fields of sugar cane. Tourists soak in the sight by hiring hot air balloons that have large baskets to carry passengers hundreds of feet above the countryside.

Tuesday morning, as one of the balloons prepared to land, an explosion pierced the air, followed by a spreading billow of smoke.

"My first thought was that it was sugar cane that was burning," said Christopher Michel, a photographer who was a passenger in another balloon at the time.

Smoke from the burning sugar cane painted the ancient city of Luxor below with an eerie haziness.

But the concern shown by the balloon pilot and the blaring sirens from emergency vehicles told Michel that something was wrong. He could not imagine the extent: One of the balloons had exploded, and its 21 passengers and operators plummeted about 1,000 feet (300 meters) to the ground.

By Tuesday afternoon, the number of dead had climbed to 19, making it the world's deadliest hot air balloon accident in at least 20 years.

"This juxtaposition of this great beauty and this wonderful country and this horrible tragedy is just really shocking," Michel told CNN. "We all feel terrible."

It was an early, dark morning, Michel said, and uneventful for 45 minutes until they started to descend. He was overlooking mud-brick buildings and fields, with the Valley of the Kings in the distance, when the explosion shattered the quiet of the morning.

It was a gas explosion, state-run EgyNews reported.

Fatal hot air balloon crash

HIDE CAPTION

Passengers in the balloon included 19 foreign tourists: nine from Hong Kong, four from Japan, three from Britain, two from France and one from Hungary, officials said.

An Egyptian pilot and another Egyptian also were on board, Luxor province spokesman Badawi al-Masri said.

Two people -- a Briton and the pilot -- are hospitalized.

Balloon rides offering panoramic aerial views of the Nile River and the ancient temples of Karnak and Hatshepsut are a popular tourist attraction in Luxor, about a nine-hour drive southeast of Cairo.

"You can see Valley of the Kings in the background bordered by farmland," Pauline Liang of Vancouver, Canada, told CNN's iReport last year. "Below were banana farms, and behind us was the city of Luxor. There was a great contrast between desert landscape, lush farmland and urban development."

Tuesday's crash prompted Gov. Izzat Saad of Luxor province to ban all hot air balloon flights until further notice.

Conflicting reports emerged about the company that operated the doomed balloon, Sky Cruise.

The head of the country's civil aviation authority said the company was licensed and working legally, EgyNews reported.

The agency has begun an investigation of the incident, Mohammed Ibrahim Sharif said.

According to Sharif, a fire broke out in the balloon while the workers were trying to land it, just feet from the ground. The balloon then shot upwards again, he said.

The balloon's basket was divided into four parts, he said, each holding five passengers.

Meanwhile, Luxor's chamber of tourism said the company had previous violations, EgyNews reported.

Several balloon companies had terminated contracts with the local meteorological service after the Egyptian revolution, Tharwat Agami, chairman of the chamber of tourism, said.

Sky Cruise and other companies were known to violate safety and security instructions by flying out of East Luxor, instead of the recommended West Luxor, he said.

Comparing it to a previous hot air balloon experience in another country, Michel noted that there was no safety briefing before the Luxor balloons lifted off the ground, but added that he felt safe during the trip.

From what he could tell, the doomed balloon was not overloaded, he said on his Twitter account.

Luxor is among Egypt's top tourist draws. Visitors go to see ancient temples and tombs, and travel sites often recommend the hot air balloon trips.

The last hot air balloon accident in Luxor occurred in 2009, when 16 foreign tourists were injured after a balloon struck a cell phone transmission tower.

Until Tuesday's incident, the deadliest accident in recent memory took place in 1989, when 13 people were killed as two hot air balloons collided in Australia.

Egyptian government spokesman Alaa Hadidi announced that the Cabinet will form a committee from the Ministry of Civil Aviation to investigate Tuesday's accident, EgyNews said.

CNN's Housam Ahmed and Hamdi Alkhshali, along with journalist Adam Makary in Cairo, contributed to this report.

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Debate over Voting Rights Act changes in Ala.

(CBS News) -- On Wednesday, the Supreme Court will hear a challenge to the landmark Voting Rights Act of 1965. Both sides agree the south have changed in the past half-century. At issue is, has it changed enough?

In Shelby County, Alabama, the question is whether the state's racist past must forever define it.

(Watch: Voting Rights Act challengers take aim at "Section 5", below)

Fifty years ago, Alabama was the cradle of the civil rights movement, where protestors endured fire hoses, arrests and bombings in the fight for equality. One result was the Voting Rights Act.

One provision of the Act, Section 5, still requires all or part of 16 states, mostly in the south, to get approval from the Justice Department before changing voting procedures or electoral maps.

"Section five, which is what we are attacking, was never intended by congress to be permanent," said Frank Ellis, a Shelby County lawyer who is at the center of the battle to eliminate Section 5, and force the federal government to treat Alabama and other covered states like the rest of the country.

"They are still using the same criteria to determine whether these 16 states that are covered, they are still using the same test that they used in 1965," Ellis said.

"Things have changed in the South," he said. "This is a dynamic society."

But Ernest Montgomery says things have not changed enough. He was on the city council in Calera, Alabama when city officials, facing a population boom, redrew his district map. He lost the election to a white candidate. Under Section 5, the Justice Department ordered a new election and Montgomery won.

The minority representation in his district under the old map was about 67% African American, according to Montgomery. With the new map, that number dropped to about 28%.

Voting Rights Act faces Supreme Court challenge

Voting Rights Act Section 5 "not the only tool" to protect voting rights, Obama says

VIDEO: SCOTUS to hear challenge to Voting Rights Act

Shelby County Pastor Harry Jones calls it discrimination.

"I think it was designed to dilute the power of the minority community," Jones said. "It did just that."

Opponents like Ellis say they are not attacking the entire Voting Rights Act. If there's intentional discrimination, people can sue, just like they do in Michigan, Ohio and other states that aren't by Section Five.

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Arias Liked Some Kinky Sex, She Admits

Though accused murderer Jodi Arias said she sometimes felt "like a prostitute" at the hands of her ex-boyfriend, Travis Alexander, she admitted today that she often enjoyed their sex life and even suggested sex acts they could try.

Prosecutor Juan Martinez, after a day of aggressive questioning and bickering with Arias, asked her about her own suggestions for her sex life with Alexander, including a phone conversation in which she suggested using sexual lubricant.

Arias, 32, is accused of killing Alexander, but claims it was in self-defense.
Timeline of the Jodi Arias Trial

"You introduced KY Jelly into the relationship to make it more sexually enjoyable, right? When we're talking about the level of experimentation, it looks like both of you were experimenting together sexually. So when we hear things like, 'I felt like a prostitute,' that's not exactly true, is it?" Martinez said.

"It was often mutual," Arias said. "I didn't feel like a prostitute during, just after."

Jodi Arias Admits to Killing Man, Lying to Police Watch Video

Jodi Arias Testimony: Prosecution's Cross-Examination Watch Video

Martinez showed the jury a text message Arias sent offering to perform oral sex on Alexander, comparing it to a statement she made on direct testimony saying that she once felt like a prostitute when Alexander tossed a piece of chocolate at her and walked away without a word after she performed oral sex.

"How is it you can say you 'felt like a prostitute' when you're moving the relationship ahead like this?" Martinez asked. "The act itself is the same thing, and here you're requesting it. The geography is different, but that aside, isn't it the same act? And you're requesting it?"

"When he (ejaculated) and left afterward I felt like a prostitute. When we mutually went through things together I didn't," she said.

Arias also admitted that she sent Alexander a topless photo of herself after he sent her photos of his penis, and that she only did it after she had her breasts enhanced surgically.

Catching Up on the Trial? Check Out ABC News' Jodi Arias Trial Coverage

The testimony came as Martinez continued his efforts to discredit Arias' testimony on the stand, including her statements that she often succumbed to Alexander's sexual fantasies so she wouldn't hurt his feelings. Martinez has focused on portraying Arias as a liar for much of his direct examination.

Arias is charged with murder for killing her ex-boyfriend Travis Alexander at his home in Mesa, Ariz., in June 2008. She claims she killed him in self defense and that he had been increasingly violent and sexually demanding in the months before the confrontation. She also claimed he was interested in young boys.

The prosecution claims she killed him in a jealous rage. She could face the death penalty if convicted of first degree murder.

Jodi Arias Trial See Tempers Flare

Earlier in the day,tempers flared between Arias and prosecutor Martinez as the prosecutor tried to detail Arias' history of spying on her boyfriends, but Arias complained that his aggressive style of questioning made her "brain scramble."

Arias and Martinez, who have sparred throughout two prior days of cross-examination, spent more than 10 minutes bickering over Martinez's word choices and his apparent "anger."

The morning's testimony, and Martinez's points about Arias' alleged spying, were largely interrupted by the spats.

"Are you having trouble understanding me?" Martinez yelled.

"Yes because sometimes cause you go in circles," Arias answered.

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Motor Racing: Ecclestone wants Melbourne race for '50 years'

SYDNEY: Formula One ringmaster Bernie Ecclestone said Tuesday he would happily sign a contract for Melbourne to host the Grand Prix for 50 years, declaring "everybody loves Australia".

The sport has a contract with Melbourne until 2015 but beyond that it is up in the air, and other cities have expressed interest in snapping up the event which Ecclestone has previously said is the "least viable" on the F1 calendar.

Ecclestone said he hoped to travel to Melbourne for the season-opening 2013 race on March 17, in a year in which negotiations on a new contract are set to begin.

"Everybody loves Australia, loves Australian people and it's good to be there because it's the first race, it's nice, it's relaxed," he said in an official Australian Grand Prix podcast.

"We hope we're going to be in Melbourne forever, although I understand we do get a little bit of criticism and I don't know why.

"We're happy with Melbourne. I'd be happy to sign a 50-year contract. So we don't have a problem with Melbourne."

Ecclestone revealed that other Australian states had contacted him in attempts to poach the event from Victoria, but he indicated he was determined to keep the race in the southern state's capital.

"We get proposals from other parts, but we're happy in Melbourne," he said.

Ahead of the 2012 race Ecclestone floated the idea of a "divorce from our friends in Melbourne" and "walking away from Australia" when the contract expires.

"The race itself, from our point of view, is probably the least viable of all the races we have," he said then.

Ecclestone also said last year he was keen on a night race, which would fit better with European timezones, helping to sell TV rights there.

Such a move would likely be opposed by residents who live around Melbourne's Albert Park circuit, as well as costing the Victorian state government more to stage.

Last year's race cost taxpayers A$56.7 million (US$58.2 million) -- more than the revenue it generates -- with A$30 million of that reportedly going to Ecclestone for the right to host the race.

Ecclestone said the fee was "purely what the race cost" and included bringing six jumbo jets full of freight transportation to Australia.

Melbourne has hosted the Grand Prix since 1996.

- AFP/ck

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Weatherman blacks out on live TV

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9/11 families upset over "Zero Dark Thirty" recordings

(CBS News) NEW CANAAN, Conn. - "Zero Dark Thirty" took just one minor award at the Oscars last night. There was a lot of debate about the way the film depicted torture during the hunt for Osama bin Laden.

Turns out that wasn't the only controversy.

The film starts with actual voices of victims of September 11, recorded as they made their last phone calls. For Mary and Frank Fetchet, it brings back painful memories. One of those voices was their son Brad, who worked on the 89th floor of the World Trade Center's South Tower.

Mary Fetchet

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CBS News

"When I arrived home I found Brad's message on our phone, and, of course, these were his last words in my view, because we never heard from him again," Mary said.

"Losing a loved one so horribly -- the ongoing anguish we've been going through -- it's a treasured remembrance, it's a treasured message. It's ours," Frank said.

They say that treasured remembrance was used in the film without their permission.

"My first thought was, 'isn't anything sacred anymore?'" Mary said.

The Fetchets used the recording in testimony for the September 11 Commission, and it has appeared in broadcast TV news reports. But the couple says this is different.

"I used it in situations where I wanted to convey Brad's story," Mary said. "None of those situations were used for promotional or professional or commercial endeavors."

Kathryn Bigelow defends "Zero Dark Thirty" torture scenes
Sony exec: "Zero Dark Thirty" does not advocate torture
Watch: "Zero Dark Thirty" director Kathryn Bigelow talks torture, art

The film has grossed more than $90 million worldwide. In a statement, the film distributor, Sony, and studio, Annapurna Pictures, say "Zero Dark Thirty" is a "tribute" to the victims of September 11 and "before the film's release, (they) initiated contact with a number of family members of the victims of the 9/11 attacks."

Frank said the statement wasn't enough. "To say they've reached out to families -- yeah, reached to say, 'come to the preview' after the film is already completed," he said.

Harry Ong

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CBS News

Harry Ong's sister Betty was a flight attendant who was killed on American Airline Flight 11.

"We were never given any notification or asked for permission to use Betty's voice, unlike many documentary companies," Ong said.

"We're asking that they apologize and that they recognize that they used Betty's voice and Brad's and others at liberty."

After the film was released, the Fetchets and Ongs asked Sony and Annapurna for donations to their September 11 charities in exchange for the use of their loved ones' voices. But the filmmakers had already decided to donate to the national 9/11 Memorial Museum.

"The real driver in all of this is getting this record set straight. I'm incensed by it," Frank Fetchet said. "Others run the risk of going through the same thing, so I think this should put a line in the sand that says, 'it's not right.'"

The Fetchets hope that by speaking out, they'll prevent other victims of tragedies from experiencing similar surprises.

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