marine one heading into san francisco. allen and veronica will pick it up right here at 6:00. captions by: caption colorado comments@captioncolorado.com ♪ ♪ captioning sponsored by cbs >> pelley: knotted in a tie. an evenly divided supreme court blocks the president's immigration reforms. >> i think it is heartbreaking for the millions of immigrants who made their lives here. >> pelley: also tonight, a baltimore cop is cleared of murder charges in the death of freddie gray, the third failure for prosecutors. how safe are they? small s.u.v.s put to the test. after seven decades, an error is corrected in one of our most famous photos. >> i have to admit, the a-ha moment was almost the instant i looked at the two pictures side by side. >> pelley: and led zeppelin is in rock 'n' roll heaven after a jury verdict today.

this is the "cbs evening news" with scott pelley. >> pelley: this is our western edition. president obama's 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 with his plan to spare millions of illegal immigrants from being deported. here's our 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 one-line order by a court divided 4-4, keeping in place the lower court ruling striking down the president's program. the non-decision effectively ends the president's efforts to reform immigration law by

executive action. >> and the fact that the supreme court wasn't able to issue a decision today doesn't just set the system back even further. it takes us further from the country that 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 45-year-old 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, said 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, it's-- it's 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 5-4 against the president, with the sweeping ruling scaling back his use of executive power. >> pelley: and this doesn't mean there will be mass deportations. it's 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 universities 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 applicant's race is considered for one of every three undergraduates. that approach was endorsed by today's 4-3 supreme court decision. justice anthony kennedy writing for the majority argued for american education's 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 studies constitutional issues for the cato institute, a public policy think tank. >> this means that people

benefitting or hurt by u.t. austin's use of race continue to be hurt or benefiting by it. >> reporter: in 42 states public universities consider race when admitting students. eight states prohibit affirmative action admissions. abigail fisher brought the case in 2008, she 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 don't believe that students should be treated differently based on their race. >> reporter: justice samuel alito agreed. his dissent called today's ruling "remarkable and remarkably wrong" and argued u.t. austin's policy "is affirmative action gone wild." sergio cavazos disagrees. >> i think it's about giving us a chance. >> reporter: he's a 20-year-old 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 lot of our schools down there aren't as well funded and

don't have those opportunities and, frankly, we aren't as prepared. >> reporter: he has a mexican father and a nicaraguan mother. scott, he told me today's 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 alleghany 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 caesar

goodson jr.'s action led to freddie gray's death. in april 2015, goodson was driving the van in which the 25- year-old 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 city's top prosecutor, marilyn mosby. six baltimore officers were arrested and charged in freddie gray's death. the first trial ended in a hung jury, the second in an acquittal. 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 an exceedingly rare event.

and it also means there's 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 gray's funeral, baltimore erupted in violence. buildings burned and more than 150 police officers were injured facing off with rioters. mosby's 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. >> they're 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 25-hour sit-in, and it failed to force the republican majority to call a vote on gun control. here's nancy cordes. >> no vote, no break. >> reporter: last night's rebellion gave way to a more subdued sit-in today that petered out completely by 1:00 as democrats conceded 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 votes on two gun measures. >> if you're a suspected terrorist, by god, you shouldn't 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. >> reporter: and adjourned the house until july 5th. today, he called the sit-in a stunt. >> they're sending out fund- raising solicitations, like this one. "house democrats on the house

floor." "your contribution will go to the d.c.c.c. $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 isn't even supported by a bipartisan majority. >> reporter: he argued the pandemonium set a worrisome precedent. >> no bill, no break! >> we're ungridlocked, okay. >> reporter: california's maxine waters disagreed. republicans say there was a way to secure a vote without breaking the rules. >> it is not about the rules. it's about whether or not what we're doing is the right thing to do. we're prepared to break the rules. >> reporter: democrats are

vowing to pick the fight back up when they return on july 5. though, they haven't determined, scott, whether that means another sit-in 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 britain's borders and freedom from e.u. regulations. those voting stay believe britain is safer and richer within the e.u. the official vote count won't be until tomorrow. two of britain's most famous rock stars anxiously awaited word today from a los angeles jury that was deciding whether they stole one of their best- known works. the verdict? the song remains the same, and so do the royalties.

here's john blackstone. >> reporter: for fans of led zeppelin, the band's attorney, peter anderson was a rock star himself today. >> nice job! >> you protected the best song ever. >> reporter: the jury's verdict that "stairway to heaven" was not stolen ended the challenge to the origins of one of rock 'n' roll's 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 mid-1960s 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. >> reporter: francis mallofiy is the attorney for wolf's trust. >> we're 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 allowed 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.

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>> pelley: we were surprised to learn today that some cars with top safety rankings for drivers may not be so safe for passengers. here's our transportation correspondent kris van cleave. >> reporter: the insurance institute for highway safety re-tested 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 driver's side but acceptable for passengers. >> they lived. >> reporter: subaru has stressed it's crash safety in commercials, but the forester earned a marginal ranking for front passengers, as did the nissan rogue. the 2015 toyota rav 4 earned the lowest ranking, poor. the passenger side showed 13

more inches of intrusion into the cabin and its door open, increasing the risk of ejection. in 2014, nearly 1,700 front seat passengers were killed in frontal crashes. i.i.h.s. senior research engineer becky mueller. does that mean car makers are building their cars so they pass your test as opposed to applying what you've 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 we're 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 government's five-star safety ranking. scott, subaru says it is reviewing the results. toyota tells us it has begun adding some additional front passenger protections to vehicles in the 2016 model year. >> pelley: kris van cleave for us tonight. kris, thank you very much. some big names are in line for kennedy center honors. we'll tell you about them next. them next.

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marine colonel 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 shows 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 war bond tour 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 ten 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. >> we're looking at all the various straps and things holding things on. >> 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 bradley in the famous photo. >> the a-ha 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 infantry men gear. and the cuffs of his pants are rolled down over his boots; bradley's cuffs were rolled up. if john bradley is not in that picture, that raises obvious questions of, who is the sixth american in 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 it's-- it's swinging back and forth, and it's very, very evident when you see it in the film. >> reporter: there was only one marine there with a strap like that.

>> so here's harold schultz, and there's 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 today's world, today's fame- driven world. >> reporter: bradley, who was later wounded and received the navy cross, did raise a flag that day, but two hours later, it was replaced by the larger, more visible one, which became immortal. that flag is on display at the marine corps museum. bradley's name will come off, and schultz's 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, quantico, virginia. >> pelley: heroes, each and everyone. that's 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

access.wgbh.org area.. tomorrow he'll share the stage with some oe biggest name president obama touching down in the bay area. and tomorrow, he will share the stage with some of the biggest names in tech. but right now, expect big traffic delays in san francisco. good evening, i'm allen martin. >> i'm veronica de la cruz. president obama is in the bay area for the global entrepreneur summit in stanford tomorrow. he stepped off air force one with congresswoman anna eshoo and greeted by sam liccardo and dave cortese. he was only on the ground for a couples minutes to shake hands before getting on marine one to go to san francisco. kpix 5 reporter andria borba is

live at crissy fiel in san francisco where the president is about t land. >> reporter: we are waiting for the president. there has been a crowd gathered here watching. the president is expected here any moment now. we are waiting for him to touch down here on crissy field. this is area has been locked down since we got here around 3:30 this afternoon. this is a live look at the ospreys landing on crissy field right now. once the president is in town, there will be street closures, fifth closed from traffic to mission to folsom. howard closed from fourth to 5th street. they will open again tomorrow at 3 p.m. now, the president will be in town for the global entrepreneur summit 2016. he will be in good company. secretary of state john kerry will be there, facebook ceo zuckerberg, ther