EU leaders in Norway to pick up Nobel Peace Prize






OSLO, Norway (AP) — European Union leaders on Sunday hailed the achievements of the 27-nation bloc, but acknowledged they need more integration and authority to solve problems, including its worst financial crisis, as they arrived in Norway to pick up this year’s Nobel Peace Prize.


Conceding that the EU lacked sufficient powers to stop the devastating 1992-95 Bosnia war, European Commission President Jose Manuel Barroso said that the absence of such authority at the time is “one of the most powerful arguments for a stronger European Union.”






Barroso spoke to reporters with EU Council President Herman Van Rompuy and the president of the EU Parliament, Martin Schulz, in Oslo, where the three leaders were to receive this year’s award, granted to the European Union for fostering peace on a continent ravaged by war.


Nobel committee chairman Thorbjoern Jagland will present the prize, worth $ 1.2 million, at a ceremony in Oslo City Hall, followed by a banquet at the Grand Hotel, against a backdrop of demonstrations in this EU-skeptic country that has twice rejected joining the union.


About 20 European government leaders, including German Chancellor Angela Merkel, French President Francois Hollande and British Deputy Prime Minister Nick Clegg, will be joining the ceremonies. They will be celebrating far away from the EU’s financial woes in a prosperous, oil-rich nation of 5 million on the outskirts of Europe that voted in 1972 and 1994 in referendums to stay out of the union.


The decision to award the prize to the EU has sparked harsh criticism, including from three peace laureates — South African Archbishop Desmond Tutu, Mairead Maguire of Northern Ireland and Adolfo Perez Esquivel from Argentina — who have demanded the prize money not be paid out this year. They say the bloc contradicts the values associated with the prize because it relies on military force to ensure security.


The leader of Britain’s Independence Party, Nigel Farage, in a statement described rewarding the EU as “a ridiculous act which blows the reputation of the Nobel prize committee to smithereens.”


Hundreds of people demonstrated against this year’s prize winners in a peaceful torch-lit protest that meandered through the dark city streets to Parliament, including Tomas Magnusson from the International Peace Bureau, the 1910 prize winner.


“This is totally against the idea of Alfred Nobel who wanted disarmament,” he said, accusing the Nobel committee of being “too close to the power” elite.


Dimitris Kodelas, a Greek lawmaker from the main opposition Radical Left party, or Syriza, said a humanitarian crisis in his country and EU policies could cause major rifts in Europe. He thought it was a joke when he heard the peace prize was awarded to the EU. “It challenges even our logic and it is also insulting,” he said.


The EU is being granted the prize as it grapples with a debt crisis that has stirred deep tensions between north and south, caused soaring unemployment and sent hundreds of thousands into the streets to protest austerity measures.


It is also threatening the euro — the common currency used by 17 of its members — and even the structure of the union itself, and is fuelling extremist movements such as Golden Dawn in Greece, which opponents brand as neo-Nazi.


Barroso acknowledged that the current crisis showed the union was “not fully equipped to deal with a crisis of this magnitude.”


“We do not have all the instruments for a true and genuine economic union … so we need to complete our economic and monetary union,” he said, adding that the new measures, including on a banking and fiscal union, would be agreed on in coming weeks.


He stressed that despite the crisis all steps taken had been toward “more, not less integration.”


Van Rompuy was optimistic saying that EU would come out of the crisis stronger than before. “We want Europe to become again a symbol of hope,” he said.


The EU says it will donate the prize money to projects that help children in conflict zones and will double it with EU funds.


The European Union grew from the conviction that ever-closer economic ties would ensure century-old enemies like Germany and France never turned on each other again, starting with the creation in 1951 of the European Coal and Steel Community, declared as “a first step in the federation of Europe.”


In 60 years it has grown into a 27-nation bloc with a population of 500 million, with other nations eagerly waiting to join, even as its unity is being threatened by the financial woes.


While there have never been wars inside EU territory, the confederation has not been able to prevent European wars outside its borders. When the deadly Balkans wars erupted in the 1990s, the EU was unable by itself to stop them. It was only with the help of the United States and after over 100,000 lives were lost in Bosnia was peace eventually restored there, and several years later, to Kosovo.


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U.S. judge names lead plaintiffs in Facebook litigation






NEW YORK (Reuters) – A group of investors including state pension funds in North Carolina and Arkansas will be the lead plaintiffs in securities lawsuits arising out of Facebook Inc’s $ 16 billion initial public offering, a U.S. judge ruled on Thursday.


The investors, in a proposed class-action case, have accused Facebook of misrepresenting its financial condition in the run-up to the May stock offering. They are represented by law firms Bernstein Litowitz Berger & Grossmann and Labaton Sucharow.






The ruling helps set a structure for the Facebook IPO litigation, a headache for the social media company and a nagging reminder of the technical glitches in the highly anticipated stock market debut.


U.S. District Judge Robert Sweet in Manhattan also named lead plaintiffs for lawsuits against NASDAQ OMX Group Inc stemming from the IPO. NASDAQ was sued over allegations that orders to buy and sell Facebook were not properly executed on the first day of trading.


Facebook, which has defended its pre-IPO disclosures, declined to comment on Thursday. A spokesman for NASDAQ declined to comment on the litigation.


Facebook shares made their debut at $ 38 per share, and later fell as much as 50 percent. On Thursday, they closed at $ 26.90, down 2.6 percent.


Sweet consolidated the cases and picked lead plaintiffs to head up most of the 42 lawsuits before him arising out of the IPO.


Under a federal law governing securities lawsuits, courts routinely select a lead plaintiff in class actions. The lead plaintiff typically is the shareholder with the biggest losses, though judges have discretion to pick a different investor.


The plaintiff group picked to lead 31 cases alleging securities violations against Facebook includes the North Carolina Retirement Systems, Arkansas Teacher Retirement System, the Fresno County Employees’ Retirement Association and Banyan Capital Master Fund Ltd.


The group has collectively claimed a combined $ 7.1 million in losses.


“Its members are large, institutional investors with experience representing shareholder classes in similar litigation with the resources to pursue the action,” Sweet said.


In the securities lawsuits against NASDAQ, the judge said First New York Securities LLC, T3 Trading Group LLC, and Avatar Securities LLC would act as co-lead plaintiffs. The group traded a combined $ 316 million in Facebook shares the day of the IPO, the decision said.


The case is In re Facebook, Inc, IPO Securities and Derivative Litigation, U.S. District Court, Southern District of New York, MDL No. 12-2389.


(Reporting by Nate Raymond; Editing by Martha Graybow)


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TNT’s “Leverage” could end this month, producer warns












LOS ANGELES (TheWrap.com) – This could end up being a very un-merry Christmas for “Leverage” fans.


Dean Devlin, executive producer of the TNT drama, penned an open letter to the show’s viewers on Thursday, telling them that he and fellow “Leverage” executive producer John Rogers crafted the show’s Season 5 finale – airing December 25 – as a series finale, because it just might be.












TNT has not yet decided whether it will renew the series, which stars Timothy Hutton as the leader of a squad of shady characters who use their skills to right corporate and government injustices. And judging from the tone of Devlin’s letter, he’s not terribly confident that they will.


“As of the writing of this letter, we still do not know if there will be a season six of our show. Just as we didn’t know when we created the last three episodes which are about to air,” Devlin wrote. “Because of this uncertainty, John Rogers and I decided to end this season with the episode we had planned to make to end the series, way back when we shot the pilot. So, the episode that will air on Christmas is, in fact, the series finale we had always envisioned.”


Of course, should “Leverage” get the go-ahead for a sixth season, Devlin notes, “Everyone involved with the show, from the cast, the crew, the writers and producers, would like nothing more than to continue telling these stories. But, in case we do not get that opportunity we felt that, creatively, after 77 episodes, we owed it to you, our fans, to end the show properly.”


The December 25 episode, according to Devlin, is “the most powerful episode we’ve ever done.”


So far this season, “Leverage” has averaged 3.5 million total viewers, down 11 percent from last season’s average, with 1.3 million in the 18-49 demographic most important to advertisers, an 18 percent decline from last season.


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Pfizer/Bristol drug cuts recurrence of blood clots – study












(Reuters) – A new blood clot preventer from Pfizer Inc and Bristol-Myers Squibb Co reduced the risk of recurrence of clots in veins and lungs and death by 80 percent with no increase in major bleeding in a study testing extended use of the drug.


In the year-long trial of 2,486 patients who had been previously treated for the condition known as venous thromboembolism (VTE) the drug, apixaban, met the combined primary goal by significantly reducing the recurrence of blood clots and death from any cause compared with a placebo, according to data presented at the American Society of Hematology (ASH) meeting in Atlanta, Georgia.












The rate of recurrence or death was 11.6 percent in the placebo group compared with 3.8 percent for those who got 2.5 milligrams of apixaban and 4.2 percent for the 5 mg dose of the drug. The results were also published in the New England Journal of Medicine.


The incidence of major bleeding, always a concern with blood thinners, was extremely low in all three arms of the trial, researchers said – 0.5 percent for placebo, 0.2 percent for the low dose of apixaban and 0.1 percent for the higher dose.


“Usually when you have an effective antithrombotic you have to pay a price in terms of bleeding. This was not the case in this study,” Dr. Giancarlo Agnelli, the study’s principal investigator, said in a telephone interview.


“There was no evidence at all of increased major bleeding and this is extremely important because you are comparing an active drug with placebo,” he said.


There was a slightly higher rate of clinically relevant nonmajor bleeding, such as nose bleeds that required medical attention, observed in patients taking the higher dose of apixaban at 4.2 percent compared with the low dose and placebo, researchers said.


Apixaban belongs to a new class of blood thinners that aim to replace decades old and difficult to use warfarin. The drug, which will be sold under the brand name Eliquis, is widely considered to be one of the most important new medicines for Pfizer and Bristol-Myers, both of which saw their top selling products lose patent protection in the past year.


AWAITING U.S. APPROVAL


It is approved in Europe and awaiting a U.S. approval decision for preventing blood clots and strokes in patients with atrial fibrillation – a type of irregular heart beat – and is also being tested against warfarin as a primary treatment for VTE with data expected next year.


A rival drug from Bayer and Johnson & Johnson called Xarelto is already approved for both conditions, but based on clinical data analysts have said they believe Eliquis is the best class.


An approval for extended use in VTE patients, during which they would take the drug for at least a year after initial treatment, could significantly boost future sales.


“The evidence is for one year. The next step would be to see whether this clinical benefit is extended after one year,” Agnelli said.


VTE consists of deep vein thrombosis, typically blood clots in the legs, and pulmonary embolism, which are dangerous clots in the lungs. Clots that begin in the extremities can travel to the heart and lungs and can be fatal. VTE is typically treated with warfarin for three to six months.


After that, “there is quite a remarkable level of uncertainty about whether to extend or not,” explained Agnelli, professor of internal medicine at the University of Perugia in Italy, who presented the data at the ASH meeting.


“Extended treatment might be clinically relevant because the recurrence rate after stopping treatment can be 10 percent in the first year,” Agnelli said. “Reducing the recurrence of VTE means reduced hospitalization costs and in some cases fewer fatal events.”


Physicians have been looking for alternatives to warfarin, which must be closely monitored to keep levels therapeutic but not toxic. The new drugs do not require monitoring or the dietary and lifestyle changes necessary with warfarin. But they still face an uphill battle as warfarin is far less expensive, and doctors have a comfort level using a drug that has been around for more than half a century despite the challenges.


Patients in the study had received treatment with warfarin for six to 12 months before starting the one-year extension trial that aimed to show further treatment could reduce recurrence rates and to see if the lower dose of apixaban was a viable option.


“It is quite clear that the lower dose is as effective as the higher. For the first time we showed that by reducing the dose of an antithrombotic agent in this clinical setting we can have the same efficacy with no major bleeding,” Agnelli said.


“This is actually something that could change clinical practice,” he added.


(Reporting by Bill Berkrot; Editing by Jilian Mincer, Berard Orr)


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Egypt terror leader possibly linked to Benghazi attack arrested


Dec 8, 2012 2:16pm







ap benghazi US consulate attack jt 121020 wblog Egypt Terror Leader Possibly Linked to Benghazi Attack Arrested

Mohammad Hannon/AP Photo


The leader of an Egyptian terrorist cell that planned attacks in Egypt and may be linked with the storming of the U.S. consulate in Benghazi, Libya on Sept. 11 has been arrested by Egyptian intelligence officers, according to an official close to Egypt’s intelligence agency and a senior U.S. official.


Mohammad Jamal Abdo Ahmed had become one of Egypt’s most dangerous terrorists and led a small cell of Egyptians that collected suicide vests, bombs and grenades before their Cairo safe house was raided by intelligence officials in late October, according to the U.S. official.


PHOTOS: Benghazi: US Consulate Attack Aftermath


Most of the cell’s targets were Egyptian, but both the U.S. and Egyptian officials said Ahmed admitted to traveling to Libya and assisting Ansar al Sharia, which U.S. officials suspect organized the attack on the consulate that killed U.S. Ambassador to Libya Chris Stevens.


READ: More on the Political Fallout From the Benghazi Attack


Until now, neither the United States nor Egypt has determined exactly what role Ahmed played in the attack in eastern Libya, according to both officials.


Ahmed may have also been planning attacks on U.S. targets in Egypt and neighboring countries, the U.S. official said, and had aspirations to join al Qaeda.


Ahmed, who is Egyptian, was arrested two weeks ago in eastern Egypt in the Sharqiyah province, the Egyptian official said.


Egyptian officials continue to question him and he will remain in custody for another 15 days, according to the Egyptian official.


His arrest was first reported by the Wall Street Journal.


READ: Four Americans Slain in Libya ‘Come Home’



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Anger at Australian radio station over royal hoax












LONDON (AP) — It started out as a joke, but ended in tragedy.


The sudden death of a nurse who unwittingly accepted a prank call to a London hospital about Prince William‘s pregnant wife Kate has shocked Britain and Australia, and sparked an angry backlash Saturday from some who argue the DJs who carried out the hoax should be held responsible.












At first, the call by two irreverent Australian DJs posing as royals was picked up by news outlets around the world as an amusing anecdote about the royal pregnancy. Some complained about the invasion of privacy, the hospital was embarrassed, and the radio presenters sheepishly apologized.


But the prank took a dark twist Friday with the death of nurse Jacintha Saldanha, a 46-year-old mother of two, three days after she took the hoax call. Police have not yet determined Saldanha‘s cause of death, but people from London to Sydney have been making the assumption that she died because of stress from the call.


King Edward VII’s Hospital, where the former Kate Middleton was being treated for acute morning sickness this week, wrote a strongly-worded letter to the 2DayFM radio station’s parent company Southern Cross Austereo, condemning the “truly appalling” hoax and urging it to take steps to ensure such an incident would never happen again.


“The immediate consequence of these premeditated and ill-considered actions was the humiliation of two dedicated and caring nurses who were simply doing their job tending to their patients,” the letter read. “The longer term consequence has been reported around the world and is, frankly, tragic beyond words.”


The hospital did not comment when asked whether it believed the prank call had directly caused Saldanha’s death, only saying that the protest letter spoke for itself.


DJs Mel Grieg and Michael Christian, who apologized for the prank on Tuesday, took down their Twitter accounts after they were bombarded by thousands of abusive comments. Rhys Holleran, CEO of Southern Cross Austereo, said the pair have been offered counseling and were taken off the air indefinitely.


No one could have foreseen the tragic consequences of the prank, he stressed.


“I spoke to both presenters early this morning and it’s fair to say they’re completely shattered,” Holleran told reporters on Saturday.


“These people aren’t machines, they’re human beings,” he said. “We’re all affected by this.”


Details about Saldanha have been trickling out since the duty nurse’s body was found at apartments provided by the private hospital, which has treated a line of royals before, including Prince Philip, who was hospitalized there for a bladder infection in June.


The nurse, who was originally from India, had lived with her partner Benedict Barboza and a teenage son and daughter in Bristol, in southwestern England, for the past nine years. The hospital praised her as a “first-class nurse” who was well-respected and popular among colleagues during her four years working there.


Just before dawn on Tuesday, Saldanha was looking after her patients when the phone rang. A woman pretending to be Queen Elizabeth II asked to speak to the duchess, and, believing the caller, Saldanha transferred the call to a fellow nurse caring for the duchess, who spoke to the two DJs about Kate’s condition live on air.


During the call — which was put online and later broadcast on news channels worldwide — Grieg mimicked the Britain’s monarch’s voice and asked about the duchess’ health. She was told Kate “hasn’t had any retching with me and she’s been sleeping on and off.” Grieg and Christian, who pretended to be Prince Charles, also discussed with the nurse when they could travel to the hospital to check in on Kate.


Three days later, officers responding to reports that a woman was found unconscious discovered Saldanha, who was pronounced dead at the scene. Police didn’t release a cause of death, but said they didn’t find anything suspicious. A coroner will make a determination on the cause.


In the aftermath of Saldanha’s death, some speculated about whether the nurse was subject to pressure to resign or about to be punished for the mistake. Royal officials said Prince William and Kate were “deeply saddened,” but insisted that the palace had not complained about the hoax. King Edward VII’s Hospital also maintained that it did not reprimand Saldanha.


“We did not discipline the nurse in question. There were no plans to discipline her,” a hospital spokesman said. He declined to provide further details, and did not respond to questions about the second nurse’s condition.


The Australian Communications and Media Authority, which regulates radio broadcasting, said it has received complaints about the prank and is discussing the matter with the Sydney-based station, which yanked its Facebook page after it received thousands of angry comments.


Holleran, the radio executive, would not say who came up with the idea for the call. He only said that “these things are often done collaboratively.” He said 2DayFM would work with authorities, but was confident the station hadn’t broken any laws, noting that prank calls in radio have been happening “for decades.”


The station has a history of controversy, including a series of “Heartless Hotline” shows in which disadvantage people were offered a prize that could be taken away from them by listeners.


Saldanha’s family asked for privacy in a brief statement issued through London police.


Flowers were left outside the hospital’s nurse’s apartments, with one note reading: “Dear Jacintha, our thoughts are with you and your family. From all your fellow nurses, we bless your soul. God bless.”


Officials from St. James’s Palace have said the duchess is not yet 12 weeks pregnant. The child would be the first for her and William.


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Google launches Snapseed photo editor on Android, makes iOS version free












After acquiring the makers of Snapseed in September, Google (GOOG) on Thursday released the popular photo application for Android smartphones and tablets. Google also updated the iOS version of the app to add Google+ integration and some new filters, and it cut the price of the original app from $ 4.99 to free. Snapseed is a simple yet powerful photo editor from Nik Software that allows users to enhance images with various tweaks and gesture-based touch ups, along Instagram-like filters. Snapseed is available now for the iPhone, iPad and Android smartphones and tablets.


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Nurse who took prank call about royal Kate found dead












LONDON (Reuters) – A nurse who answered a prank call at the London hospital that was treating Prince William‘s pregnant wife Kate for morning sickness has been found dead, the hospital said on Friday, in a suspected suicide.


The death comes days after the King Edward VII hospital apologized for being duped by an Australian radio station and relaying details about Kate’s condition which made headlines around the globe.












“It is with very deep sadness that we confirm the tragic death of a member of our nursing staff, Jacintha Saldanha,” John Lofthouse, the King Edward’s chief executive told reporters outside the central London hospital.


“We can confirm that Jacintha was recently the victim of a hoax call to the hospital. The hospital had been supporting her throughout this difficult time.”


Police said they had been called at 9:35 a.m. (4:35 a.m. EDT) about a woman found unconscious at an address near the hospital. The woman was pronounced dead after ambulance staff arrived.


Police said the death was being treated as unexplained but they we’re not looking for anyone else, indicating the nurse had taken her own life.


William and Kate, who left the hospital on Thursday, said they were “deeply saddened” by the death of the nurse, who was married with two children.


“Their Royal Highnesses were looked after so wonderfully well at all times by everybody at King Edward VII Hospital, and their thoughts and prayers are with Jacintha Saldanha’s family, friends and colleagues at this very sad time,” a statement from William’s office said.


CONFIDENTIAL DETAILS


The radio station launched its stunt in the wake of a frenzy of media attention in Britain and worldwide after officials announced Kate was pregnant with a future British king or queen.


Two presenters from Australia’s 2Day radio station called the hospital early on Tuesday British time, pretending to be William’s grandmother Queen Elizabeth and his father, the heir-to-the throne Prince Charles.


Despite unconvincing accents, presenters Michael Christian and Mel Greig were put through to the ward where Kate was being treated and were given details about how she was faring.


Saldanha had answered the call as it was early morning and there were no receptionists on duty, and had passed it to a nurse on the ward. Saldanha, who had worked at the hospital for four years, had not been facing any disciplinary action, a source said.


“She was an excellent nurse and well-respected and popular with all of her colleagues,” Lofthouse said.


William’s office said there had been no royal complaint about the breach of confidentiality, although the hospital said it was reviewing its “telephone protocols”.


“On the contrary, we offered our full and heartfelt support to the nurses involved and hospital staff at all times,” a royal spokesman said.


William’s father, Prince Charles, had made light of the intrusion, joking to reporters after the incident: “How do you know I’m not a radio station?’


The private hospital is one of Britain’s most exclusive and has a history of treating members of the royal family, including the Queen’s husband Philip who was admitted in June for a bladder infection after taking part in a jubilee pageant on the Thames river.


PRESENTERS “SHOCKED”


The prank call and its tragic aftermath comes as Britain’s own media scrambles to agree a new system of self regulation and avoid state intervention following a damning inquiry into reporting practices.


A recording of the call was widely available on the Internet and many newspapers printed a transcript of the call.


The Australian radio station and its owner Southern Cross Austereo said the presenters were shocked and would stay off their show until further notice out of respect for Saldanha’s death.


“Southern Cross Austereo (SCA) and 2Day FM are deeply saddened by the tragic news of the death of nurse Jacintha Saldanha from King Edward VII’s Hospital and we extend our deepest sympathies to her family.


“Chief Executive Officer Rhys Holleran has spoken with the presenters, they are both deeply shocked and at this time we have agreed that they not comment about the circumstances,” an SCA statement said.


The two presenters deleted their Twitter accounts shortly after the news broke and there was widespread condemnation of their actions on the social media website.


“Remember that #RoyalPrank …? Yeah, the girl you humiliated is dead. You must feel great,” one wrote.


Facebook tribute pages swiftly set up after the nurse’s death attracted messages of sympathy, some echoing calls for the radio station to pay compensation to her family and for the presenters to resign.


Saldanha’s body was removed from the red brick, five-storey building where it was found, and transferred to a small private ambulance, shortly after the hospital confirmed her death, a Reuters reporter at the scene said.


She had been staying in staff accommodation in the building, away from her family in the city of Bristol, western England, a source said.


Her family said they were deeply saddened and asked for media to respect their privacy “at this difficult time”, in a statement released by police.


(Additional reporting by Peter Schwartzstein and Michael Holden; Editing by Louise Ireland)


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Supreme Court to hear “pay-for-delay” drug case












(Reuters) – The Supreme Court on Friday agreed to decide whether brand-name drug companies may pay money to generic drug rivals to keep their lower-priced products off the market, a practice estimated to cost consumers and the government billions of dollars each year.


The arrangements, known as “pay-for-delay” or “reverse payments,” have for more than a decade vexed antitrust enforcers including the Federal Trade Commission, which have been stung until recently by a series of court decisions allowing such practices.












In a typical case, a generic rival challenges the patent of a brand-name competitor, which then pays the rival a sum of money to drop its challenge. Defenders of the practice call it a legitimate means to resolve patent litigation.


The court accepted an appeal by the FTC, which had challenged annual payments of $ 31 million to $ 42 million by Solvay Pharmaceuticals Inc, now owned by Abbott Laboratories Inc, to stop generic versions of AndroGel, a treatment for the underproduction of testosterone, until 2015.


These payments went to such rivals as Watson Pharmaceuticals Inc, Paddock Laboratories Inc and Par Pharmaceutical Cos, and were intended to help Solvay preserve annual profits estimated at $ 125 million. The 11th U.S. Circuit Court of Appeals in Atlanta upheld the arrangement in April.


(Reporting by Jonathan Stempel in New York; Editing by Kevin Drawbaugh)


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High court to hear key gay-marriage cases


A same sex marriage supporter waves a gay pride flag outside the Supreme Court (Chip Somodevilla/Getty Images)


The Supreme Court announced Friday that it will decide two major gay marriage cases next year that could have a sweeping effect on the rights of same-sex couples to wed. The cases, which likely won't be decided until June, mark the first time the justices will consider arguments for and against same-sex marriage.


The court will review California's gay marriage ban, which passed in a 2008 ballot initiative months after the California's high court had legalized same sex unions and thousands of gay Californians had already tied the knot. Two federal courts have struck down Prop. 8 as discriminatory, leaving the Supreme Court to render a final judgment.


The justices will also hear a challenge to the federal Defense of Marriage Act, a law passed under President Bill Clinton that prevents the federal government from recognizing gay marriages. Windsor v. United States was brought by Edith Windsor, a resident of New York who paid $363,000 in estate taxes after her wife died because the federal government did not recognize their marriage. New York is one of nine states (and the District of Columbia) where gay marriage is legal, so Windsor argues that the federal government is discriminating against her by not recognizing her state-sanctioned marriage.


The Obama administration decided last year to no longer defend the Defense of Marriage Act, so Congress has hired outside counsel to argue on behalf of the law. Recently, two federal appeals courts had struck down the law as unconstitutional, virtually requiring the Supreme Court to take the case to settle the dispute between the courts and Congress.


Legal experts are skeptical that the court would deliver a sweeping ruling deciding whether or not all Americans, regardless of sexual orientation, have a fundamental right to marry. In the DOMA case, it's more likely they will narrowly decide whether the federal government has a legitimate interest in refusing to recognize same-sex married couples who wed in states where gay marriage is legal. (Marriage has traditionally been regulated by the states.) In the Prop 8 case, justices may decide whether a ban on gay marriage is legal in the specific case of California, where gay couples were allowed to marry for several months before the ban passed. Such a narrow decision would not necessarily affect gay marriage bans that have passed in dozens of other states where same-sex marriage was never legal in the first place.


But Ted Olson, a former U.S. solicitor general under George W. Bush  and one of the lead attorneys in the battle against Prop 8, told reporters on Friday that he planned to argue that there's a "fundamental constitutional right to marry for all citizens." His co-counsel, David Boies, called same-sex marriage the civil rights issue of this era. John Eastman, the chair for the anti-gay marriage National Organization for Marriage, said in a statement that he thinks the Supreme Court will uphold Prop 8 and DOMA. "We believe the U.S. Supreme Court will overturn this exercise in judicial activism and stop federal judges from legislating from the  bench on the definition of marriage," Eastman said.


For both cases, court-watchers will have their eyes trained firmly on swing justice Anthony Kennedy, who has a record of ruling in favor of gay rights. In 2003, Kennedy wrote the Court's opinion in Lawrence v Texas, a landmark decision that said the government cannot outlaw anal sex between consenting adults, whatever their sexual orientation. ("The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives and still retain their dignity as free persons," he wrote.) Kennedy also cast the deciding vote striking down a Colorado law that would have prevented local governments from passing laws specifically protecting gay and lesbian civil rights.


Because of Kennedy's history on the issue, many legal experts think there's a good chance the court will strike down DOMA, with Kennedy joining the court's four liberals for the decision. But the workings of the Supreme Court are notoriously hard to predict, and it's still a complete mystery what the nine justices will decide next June.



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