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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Senate Votes to Confirm Hagel as Defense Secretary

After a tough two-month battle characterized by tough interrogation and a partisan divide, the Senate voted 58-41 to confirm Chuck Hagel -- President Obama's nominee -- as secretary of defense this afternoon.

Only four Republicans broke party lines to vote in Hagel's favor. They included Sens. Thad Cochran of Mississippi, Richard Shelby of Alabama, Mike Johanns of Nebraska and Rand Paul of Kentucky, though Paul had voted against moving forward with the vote earlier today.

Before that cloture vote to close the debate and bring Hagel's nomination to a vote, Senate Majority Leader Harry Reid, D-Nev., warned Republicans against continuing their partisan fight against the nominee.

"Senate Republicans have delayed for the better part of two weeks for one reason: partisanship," Reid said. "Politically motivated delays send a terrible signal to allies around the world, and they send a terrible signal to tens of thousands of Americans serving in Afghanistan, other parts of world and those valiant people who are serving here in the United States. For the sake of national security, it's time to set aside this partisanship."

The measure to move forward passed by a vote of 71-27. It needed at least 60 votes to pass.

Some Republican senators took the time before the vote to take a last stab at Hagel.

John Cornyn, R-Texas, who was one of 15 senators who sent a letter to Obama last week calling for him to withdraw his nomination of Hagel, said Hagel had proved that he's ill-prepared to assume the defense secretary post.

Chuck Hagel as Secretary of Defense: Confirmation Process Watch Video

Obama Taps Sen. Chuck Hagel for Defense Secretary Watch Video

"There's simply no way to sugar coat it," Cornyn said. "Sen. Hagel's performance before the Senate Armed Services Committee was remarkably inept, and we should not be installing a defense secretary who is obviously not qualified for the job and who holds dangerously misguided views on some of the most important issues facing national security policy for our country. Sen. Hagel is clearly the wrong man for the job."

The Senate returned today after a week off from debating Hagel's pros and cons.

Today's was not the first attempt to bring Hagel's nomination to the floor.

Republicans blocked a cloture vote to confirm Hagel on Valentine's Day, pushing the decision back until after their President's Day recess.

Democrats framed that rejection as a filibuster, while Republicans said they needed another week to discuss the candidate's record.

"This is a very controversial nominee. There is a desire to not end debate now," Sen. Lindsey Graham, R-S.C., said that Thursday. "We feel like come back next week, after the break, unless there is some bombshell I'd be ready to move on to vote."

Ten days later, GOP Sens. Tom Coburn of Oklahoma and John McCain of Arizona predicted the Senate would go through with a vote today.

A group of 15 Republicans sent a letter to Obama last week asking him to withdraw Hagel's nomination. Coburn, one of the senators who signed that letter, said the fight among lawmakers over Hagel's qualifications would weaken him should he become secretary.

"I like Chuck Hagel as an individual, but the fact is, in modern times, we haven't had one defense secretary that's had more than three votes against him," Coburn said on "Fox News Sunday" this weekend. "And you're going to have 40 votes against him, or 35 votes. And that sends a signal to our allies as well as our foes that he does not have broad support in the U.S. Congress, which limits his ability to carry out his job."

McCain did not sign that letter.

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Today on New Scientist: 25 February 2013

First fruits of a groundbreaking art-science tie-up

A pioneering collaboration between two of London's most prestigious cultural institutions shows that sci-art has come of age

The great illusion of the self

Your mind's greatest trick is convincing you of your own reality. Discover the elaborate illusions involved and what they mean in our special feature

Stunning seeds: a biological meteor wreathed in flames

Some seeds have a look that evokes all-consuming fire, says an artist who captures their portraits with a flatbed scanner

Armband adds a twitch to gesture control

The Myo band turns electrical activity in the muscles of a user's forearm into gestures for controlling computers and other devices

Treat malware as biology to know it better

Treating computer viruses as a biological puzzle could help computer scientists get a better handle on the wide world of malware

Take my taxi to the moon

Susmita Mohanty, the founder of India's first private space company, Earth2Orbit, wants India to claim bigger piece of the space-launch pie

How electrodes in the brain block obsessive behaviour

Why deep brain stimulation can help people with OCD was a mystery, but now it seems the treatment fixes brain signalling well beyond the stimulated area

Ancient continent hides beneath Indian Ocean

The sands on Mauritius's beaches are older than the island itself, suggesting a hidden continent is the source

New blood test finds elusive fetal gene problem

Take parents' DNA and make a computer model of their fetus's genome - comparison with the real thing will show up problems that other tests miss

Amazon to open market in second-hand MP3s and e-books

A new market for second-hand digital downloads could let us hold virtual yard sales of our ever-growing piles of intangible possessions

People in a vegetative state may feel pain

Scans have revealed activity in areas of the brain responsible for the emotional aspects of pain in people thought to have no subjective awareness

Sewage solutions: Six alternative toilet technologies

Two-and-a-half billion people don't have access to sanitary toilets, but standard designs aren't an option without a sewer network. See some alternatives here

Rusty rocks reveal ancient origin of photosynthesis

Iron oxide in the world's oldest sedimentary rocks suggest photosynthesis evolved 370 million years earlier than we thought, not long after life began

Read More..

UN calls for independent inquiry into Palestinian death

UNITED NATIONS: The United Nations called Monday for an independent inquiry into the death of a Palestinian in Israeli custody, warning that mounting tensions risk an eruption of violence in the occupied territories.

The Palestinians also demanded an independent investigation in a letter to the UN Security Council, which said that Arafat Jaradat, who died at the weekend, could have been tortured.

UN Middle East peace envoy Robert Serry made the call for an investigation in a statement after talks with Palestinian prime minister Salam Fayyad on the Jaradat's death.

Serry noted that Israeli and Palestinian experts had examined the body.

"The United Nations expects the autopsy to be followed by an independent and transparent investigation into the circumstances of Mr Jaradat's death, the results of which should be made public as soon as possible," the envoy added.

Jaradat was detained on February 18 and died five days later.

Israeli prison authorities said Jaradat appeared to have died of a heart attack. But the Palestinian minister of prisoner affairs, Issa Qaraqaa, citing the preliminary findings of the joint autopsy, reported bruises on Jaradat's body, muscle damage and broken ribs.

A letter sent by Palestinian UN ambassador Riyad Mansour to the Security Council said the autopsy revealed that Jaradat "was subjected to severe beatings, abuse and medical negligence during his captivity, possibly amounting to torture."

The letter said Jaradat had six broken bones in his neck, spine, arms and legs, along with other injuries.

Israel has said the prisoner could have suffered broken bones in attempts to resuscitate him after the heart attack.

"This horrific incident is further proof of the inhumane treatment systematically meted out by Israel against Palestinians in its jails," added the letter, which called for an "impartial investigation" and Security Council action to make Israel abide by humanitarian law.

Thousands attended the Jaradat's West Bank funeral on Monday and some militants have threatened revenge for his death.

Serry's statement said "mounting tensions present a real risk of destabilisation".

UN leader Ban Ki-moon expressed concern last week about the deteriorating state of Palestinian hunger strikers in Israeli jails and said that the rights of all Palestinian detainees must be fully respected.

-AFP/sb

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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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Arias Had No Remorse: Prosecutor

Prosecutor Juan Martinez hammered alleged murderer Jodi Arias today with accusations that she felt no remorse when she lied over and over again about killing her ex-boyfriend, Travis Alexander.

"Ma'am you have a problem with telling the truth don't you?" Martinez asked as his first question today, the 11th day Arias has been on the stand explaining her role in Alexander's death.

"Not typically," Arias responded.

Martinez then took Arias through a series of lies she admittedly told in the days after she stabbed and shot Alexander to death on June 4, 2008, lying to friends, investigators and even Alexander's grandmother, going so far as to send a dozen irises to his grandmother expressing her sympathy.

See the Evidence in the Jodi Arias Murder Trial

Arias, 32, has testified that she killed Alexander in self-defense during a violent argument and lied about it out of "shame."

But prosecutors say that the 27 stab wounds, a slashed throat, and two bullets she fired at Alexander's head prove that she murdered him. She could face the death penalty if convicted.

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

Today Martinez tried to raise doubts about Arias' earlier testimony in which she depicted Alexander as an increasingly menacing and sexually demanding lover by grilling her about the lies she told after she killed Alexander.

Martinez pointed out that Arias lied to Detective Esteban Flores of the Mesa, Ariz., police department as he investigated Alexander's death. She initially denied to the detective that she was at Alexander's Mesa, Ariz., home when he was killed, and later said he was murdered by a pair of masked intruders.

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

Jodi Arias Remains Calm Under Cross-Examination Watch Video

Jodi Arias Doesn't Remember Stabbing Ex-Boyfriend Watch Video

"You told (Flores) you would help him, but that was a lie right? You weren't there to tell the truth. You were there for another purpose: to make sure he didn't get the truth.... You were hoping, ma'am, that (Flores) would believe what you were saying so you could walk out of jail," Martinez said.

Arias argued with Martinez, claiming that she lied to investigators out of shame, and lied to friends immediately after the death out of confusion.

"My mind wasn't right during all that period," Arias said referring to the hours immediately following the killing when she drove through the Arizona desert and made phone calls to ex-boyfriend Matthew McCartney and new love interest Ryan Burns.

"It's like I wasn't accepting it in my mind... because I never killed anyone before," she said.

Martinez also suggested that Arias tried to find out the status of the investigation into Alexander's death so that she could know if she were about to be arrested. When a friend of Alexander's called her to report the news about Alexander's death, Arias asked about details into the investigation, the prosecutor said. She also called Alexander's Mormon bishop and asked him what he knew about the case, and then asked friends and family members what they knew, according to Martinez.

"You needed to see what you needed to know to make sure you weren't charged. What purpose would there be for that information other than to benefit you?" Martinez asked. "You called [the bishop] at 3 a.m. You call him and spoke to him because you wanted to get the information about what he knew about the investigation. That was going to help you."

Timeline of the Jodi Arias Trial

Martinez also went over lies that Arias told to her friend, Leslie Udy, and Ryan Burns, both of whom she saw in Utah the day after killing Alexander. She talked to both about Alexander as if he were still alive. Martinez pointed out that Arias even made out with Burns in his bedroom during their visit.

But Arias claimed that it was Burns who lied about their encounter.

"And with Mr. Burns, didn't you get on top of him and grind on him?" Martinez asked.

Arias said she was on top of Burns at one point, but they did not "grind."

"Well, when you were romantic kissing, he did put his hand between your legs, didn't he?" Martinez said, referring to Burns' own testimony in court weeks earlier.

"No," Arias said. "It could be that he's full of crap...when he says he got near my vaginal area."

"This is the person who lied to him, to (friends), to Detective Flores, and yet you're telling us someone else is full of crap," Martinez asked incredulously.

"When it comes to that, yes," she said.

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Ancient continent hides beneath Indian Ocean

The sands of Mauritius are hiding a secret: deep beneath them lurks an ancient continent.

Trond Torsvik and colleagues at the University of Oslo, Norway, analysed grains of zircon found on the island's beaches, measuring the balance of lead and uranium isotopes to work out their age. This showed some formed almost 2 billion years ago – although the volcanic island is no more than 65 million years old.

So where did the grains come from? Torsvik thinks they are from fragments of continental crust beneath Mauritius that melted as the volcanic island formed. The team have named the proposed continent Mauritia.

It's a reasonable idea, says Michael Wysession at Washington University in St. Louis, Missouri. "It's hard to imagine how zircons could be there any other way."

Journal reference: Nature Geoscience, DOI: 10.1038/ngeo1736

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Castro picks 'young' new heir to take regime into future

HAVANA: Cuban President Raul Castro on Sunday won re-election to what he pledged will be his last term, and finally unveiled a 52-year-old political heir he wants to bring the regime into the future.

"This will be my last term," Castro, 81, told lawmakers after the National Assembly reelected him and named a new regime number two -- Council of State Vice President Miguel Diaz-Canel, 52.

Choosing the former military man and professor from Villa Clara, who has represented the president on foreign trips in recent months, "marks a final step in configuring the country's future leadership, through the slow and orderly transfer of the main leadership positions to new generations," Castro said.

This is not the transition Cuba's nemesis, the United States, has fruitlessly spent decades and millions of dollars seeking.

Washington has long prodded neighbor Cuba to open up to a multiparty system and market economics, much of the time during the more than 40-year rule of revolution icon Fidel Castro.

Through the Cold War and now for over two decades after it, the United States has kept trying to isolate Cuba to press for democratic change.

It has had a full trade embargo on Havana, the only one-party Communist regime in the Americas, since 1962 to pressure the communist island to open up democratically and economically.

Cuba finally appears poised to have new leadership lined up -- if only it can continue to prop up its dysfunctional economy while keeping the regime afloat.

In addition to depending on Venezuelan aid, Cuba has so far failed to discover oil in its waters that experts say lies beneath the seabed off its Gulf of Mexico coast.

The fate and future of the Cuban regime also depends on the health of Venezuelan President Hugo Chavez, Cuba's main economic supporter and political ally, who is recovering from cancer surgery.

There is no guarantee a successor would feed Cuba's economy as much as Chavez.

Diaz-Canel, who turns 53 in April, is an electrical engineer by training, a former education minister and the president's de facto political heir seeking to project the Americas' only one-party Communist regime into the future.

Since March, Diaz-Canel has been one of the eight vice presidents on the Council of Ministers.

He took the number two spot from Jose Ramon Machado Ventura, 82, who relinquished the post but remains among Cuba's vice presidents.

Diaz-Canel, as political heir, cuts a starkly different profile from the revolutionary leadership, whose members are mostly in their 80s.

If he comes to lead Cuba, he would be the first leader of the regime whose entire life has been under the Castro regime that started in January 1959.

Barring any changes, Diaz-Canel would succeed Raul Castro, who will be 82 in June, if the president serves out his term through 2018.

A careful speaker, the lanky Diaz-Canel also has been a leader of the Communist Youth Union, and went on an international "mission" to Nicaragua during the first leftist Sandinista government.

He rose up the ranks, leading the party in Villa Clara in central Cuba, before being chosen to lead it in Holguin province in the east.

Diaz-Canel was then bumped up to the Politburo in 2003.

There was more new blood among the five vice presidents on the Council of State, in the person of Mercedes Lopez Acea, 48, the former leader of the Communist Party's Havana provincial assembly.

Raul Castro became Cuba's interim president when Fidel took ill in 2006. He formally became president in 2008.

The National Assembly, whose members ran for office in October unopposed, also chose Esteban Lazo, 68, as their new speaker.

Seen as an ideological hardliner, he is also the regime's most prominent Afro-Cuban leader.

"The choice of Lazo to lead the National Assembly confirms that the approach to any ideological change is a really cautious one.

Lazo has been all about ideological orthodoxy," said professor Arturo Lopez-Levy, at the University of Denver in the US state of Colorado.

On Friday, Raul Castro surprised some by joking publicly about resigning.

"I am going to resign. I am about to turn 82. I have the right to retire. Don't you believe me?" Castro said.

-AFP/sb

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Jimmie Johnson comes out on top

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

Daytona 500: The best photos

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STORY HIGHLIGHTS

• Jimmie Johnson led 17 laps, says he was confident in his car


• Danica Patrick becomes first woman to lead green-flag lap at the race


• Dale Earnhardt Jr. was a runner-up for the third time in four years


• Some fans injured in Saturday incident were scheduled to attend race, official says

(CNN) -- Racing at the Daytona International Speedway can be like playing the lottery against 42 other drivers who all have a ticket, all seem to have an equal shot at winning.

While luck can certainly help, so does experience, something Jimmie Johnson put to use as the laps wound down in NASCAR's season-opening and most prestigious race of the season.

Johnson won the Daytona 500 on Sunday, edging out Dale Earnhardt Jr., who finished second for the third time in four years.

Johnson, who won the race for the second time, led 17 laps on the track where speeds are limited by a restrictor plate. The result is close racing, with cars separated by hundredths of a second.

It's a race that often involves a big wreck near the end, so Sunday drivers were content to line up one by- ne and go around and a round and around for the first 180 laps. Then Johnson took over.

"I had a lot of confidence leading the train," Johnson said of being the first car in line as drivers raced around the 2 1/2-mile track. "I knew I had a fast car."

Bleacher Report: Johnson finds way to win

His crew chief, Chad Knaus said that despite the uncertainty of racing this season with the latest generation of NASCAR cars -- which are lighter and sleeker -- they knew for weeks what they wanted to do.

"Jimmie did a great job of following that plan," said Knaus, who sat out the team's 2006 Daytona 500 win because of a suspension.

Bleacher Report's snap reaction

Danica Patrick through the years

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Danica Patrick, the first woman to win the pole position at the Daytona 500, led three times, including five laps under green -- also becoming the first woman to lead a lap at the race not under a yellow flag caution. She finished eighth, the highest finish ever for a female driver at the race.

"At the end of the day, it was a solid day," she said. "We stayed basically in the top 10 all day, so it was nice."

Crew chief Tony Gibson beamed after the race.

"She did great under pressure," he said.

Bleacher Report: Danica Patrick proves her chops

Earnhardt did his best to earn his second win in the "Great American Race," but his last-lap charge came up short. With just over a mile to go, Earhardt, followed by veteran driver Mark Martin, went low on the track. With Martin's car pushing Earnhardt's the two pushed into contention, but Johnson maneuvered in front of his teammate Earnhardt.

The 54-year-old Martin crossed the finish line third.

"We just kinda ran out of steam out of (turn) four," Earnhardt said. "We made a good move, but there just was not enough race track."

Some of the fans who were injured by flying debris Saturday during a crash late in the Nationwide Series Drive4COPD 300 were to attend the Daytona 500, speedway president Joie Chitwood said Sunday morning.

At least 28 fans were injured when more than a dozen cars piled up in the final curve of Saturday's race. Some of the debris went over a 22-foot-high fence that was built in 2010, and some of it went through holes as the fence was mangled when a car slammed into it and bounced back onto the track.

Saturday's wreck occurred when several closely packed cars were jostling for position at top speeds of about 175 mph. They got tangled up, setting off a dangerous chain reaction that ensnared several vehicles.

Driver Kyle Larson's vehicle ended up flying into a fence that separates the track from spectators. The car broke into pieces, including tires and a fiery engine.

Larson walked away from the crash, even after the front part of his No. 32 car was gone. He and the other nine drivers involved told reporters that they were checked at a medical tent on the Daytona infield and released.

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