Obama Admin to Court: End Calif. Gay Marriage Ban











In a historic argument for gay rights, President Barack Obama on Thursday urged the Supreme Court to overturn California's same-sex marriage ban and turn a skeptical eye on similar prohibitions across the country.



The Obama administration's friend-of-the-court brief marked the first time a U.S. president has urged the high court to expand the right of gays and lesbians to wed. The filing unequivocally calls on the justices to strike down California's Proposition 8 ballot measure, although it stops short of the soaring rhetoric on marriage equality Obama expressed in his inaugural address in January.



California is one of eight states that give gay couples all the benefits of marriage through civil unions or domestic partnership, but don't allow them to wed. The brief argues that in granting same-sex couples those rights, California has already acknowledged that gay relationships bear the same hallmarks as straight ones.



"They establish homes and lives together, support each other financially, share the joys and burdens of raising children, and provide care through illness and comfort at the moment of death," the administration wrote.






Justin Sullivan/Getty Images








The brief marks the president's most expansive view of gay marriage and signals that he is moving away from his previous assertion that states should determine their own marriage laws. Obama, a former constitutional law professor, signed off on the administration's legal argument last week following lengthy discussions with Attorney General Eric Holder and Solicitor General Donald Verrilli.



In a statement following the filing, Holder said "the government seeks to vindicate the defining constitutional ideal of equal treatment under the law."



Obama's position, if adopted by the court, would likely result in gay marriage becoming legal in the seven other states: Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island.



In the longer term, the administration urges the justices to subject laws that discriminate on sexual orientation to more rigorous review than usual, as is the case for claims that laws discriminate on the basis of race, sex and other factors.



The Supreme Court has never given gay Americans the special protection it has afforded women and minorities. If it endorses such an approach in the gay marriage cases, same-sex marriage bans around the country could be imperiled.



Friend-of-the-court briefs are not legally binding. But the government's opinion in particular could carry some weight with the justices when they hear oral arguments in the case on March 26.



Despite the potentially wide-ranging implications of the administration's brief, it still falls short of what gay rights advocates and the attorneys who will argue against Proposition 8 had hoped for. Those parties had pressed the president to urge the Supreme Court to not only overturn California's ban, but also declare all gay marriage bans unconstitutional.



Still, marriage equality advocates publicly welcomed the president's legal positioning.



"President Obama and the solicitor general have taken another historic step forward consistent with the great civil rights battles of our nation's history," said Chad Griffin, president of the Human Rights Campaign and co-founder of the American Foundation for Equal Rights, which brought the legal challenge to Proposition 8.





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Medicare paid $5.1B for poor nursing home care


SAN FRANCISCO (AP) — Medicare paid billions in taxpayer dollars to nursing homes nationwide that were not meeting basic requirements to look after their residents, government investigators have found.


The report, released Thursday by the Department of Health and Human Services' inspector general, said Medicare paid about $5.1 billion for patients to stay in skilled nursing facilities that failed to meet federal quality of care rules in 2009, in some cases resulting in dangerous and neglectful conditions.


One out of every three times patients wound up in nursing homes that year, they landed in facilities that failed to follow basic care requirements laid out by the federal agency that administers Medicare, investigators estimated.


By law, nursing homes need to write up care plans specially tailored for each resident, so doctors, nurses, therapists and all other caregivers are on the same page about how to help residents reach the highest possible levels of physical, mental and psychological well-being.


Not only are residents often going without the crucial help they need, but the government could be spending taxpayer money on facilities that could endanger people's health, the report concluded. The findings come as concerns about health care quality and cost are garnering heightened attention as the Obama administration implements the nation's sweeping health care overhaul.


"These findings raise concerns about what Medicare is paying for," the report said.


Investigators estimate that in one out of five stays, patients' health problems weren't addressed in the care plans, falling far short of government directives. For example, one home made no plans to monitor a patient's use of two anti-psychotic drugs and one depression medication, even though the drugs could have serious side effects.


In other cases, residents got therapy they didn't need, which the report said was in the nursing homes' financial interest because they would be reimbursed at a higher rate by Medicare.


In one example, a patient kept getting physical and occupational therapy even though the care plan said all the health goals had been met, the report said.


The Office of Inspector General's report was based on medical records from 190 patient visits to nursing homes in 42 states that lasted at least three weeks, which investigators said gave them a statistically valid sample of Medicare beneficiaries' experiences in skilled nursing facilities.


That sample represents about 1.1 million patient visits to nursing homes nationwide in 2009, the most recent year for which data was available, according to the review.


Overall, the review raises questions about whether the system is allowing homes to get paid for poor quality services that may be harming residents, investigators said, and recommended that the Centers for Medicare & Medicaid Services tie payments to homes' abilities to meet basic care requirements. The report also recommended that the agency strengthen its regulations and ramp up its oversight. The review did not name individual homes, nor did it estimate the number of patients who had been mistreated, but instead looked at the overall number of stays in which problems arose.


In response, the agency agreed that it should consider tying Medicare reimbursements to homes' provision of good care. CMS also said in written comments that it is reviewing its own regulations to improve enforcement at the homes.


"Medicare has made significant changes to the way we pay providers thanks to the health care law, to reward better quality care," Medicare spokesman Brian Cook said in a statement to AP. "We are taking steps to make sure these facilities have the resources to improve the quality of their care, and make sure Medicare is paying for the quality of care that beneficiaries are entitled to."


CMS hires state-level agencies to survey the homes and make sure they are complying with federal law, and can require correction plans, deny payment or end a contract with a home if major deficiencies come to light. The agency also said it would follow up on potential enforcement at the homes featured in the report.


Greg Crist, a Washington-based spokeswoman for the American Health Care Association, which represents the largest share of skilled nursing facilities nationwide, said overall nursing home operators are well regulated and follow federal guidelines but added that he could not fully comment on the report's conclusions without having had the chance to read it.


"Our members begin every treatment with the individual's personal health needs at the forefront. This is a hands-on process, involving doctors and even family members in an effort to enhance the health outcome of the patient," Crist said.


Virginia Fichera, who has relatives in two nursing homes in New York, said she would welcome a greater push for accountability at skilled nursing facilities.


"Once you're in a nursing home, if things don't go right, you're really a prisoner," said Fichera, a retired professor in Sterling, NY. "As a concerned relative, you just want to know the care is good, and if there are problems, why they are happening and when they'll be fixed."


Once residents are ready to go back home or transfer to another facility, federal law also requires that the homes write special plans to make sure patients are safely discharged.


Investigators found the homes didn't always do what was needed to ensure a smooth transition.


In nearly one-third of cases, facilities also did not provide enough information when the patient moved to another setting, the report found.


___


On the Web:


The OIG report: http://1.usa.gov/VaztQm


The Medicare nursing home database: http://www.medicare.gov/NursingHomeCompare/search.aspx?bhcp=1&AspxAutoDetectCookieSupport=1


___


Follow Garance Burke on Twitter at —http://twitter.com/garanceburke.


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Japan's factory output up 1.0% in January






TOKYO: Japan's factory output for January rose a smaller-than-expected 1.0 per cent from the previous month, official data showed on Thursday.

The rise was weaker than a 1.5 per cent expansion expected by the market and a revised 2.4 per cent increase in December.

But the ministry maintained a positive view, saying in a monthly report: "Industrial production has bottomed out and shows some signs of picking up."

- AFP/ck



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CBI seeks more documents, looks at tweaking of specifications

NEW DELHI: The CBI on Wednesday said it had sought more documents related to the AgustaWestland helicopter deal from the defence ministry as it prepares to question suspected beneficiaries about alleged kickbacks received in the Rs 3,600 crore deal.

The agency will also seek all documents related to changes made in the specifications of 12 VVIP choppers by the office of former IAF chief S P Tyagi to allegedly benefit Italian firm Finmeccanica, sources said.

The agency has also sought the reply given by Finmeccanica to the questions raised by the ministry, CBI sources said. They added the agency was focusing on the circumstances in which the requirements were tweaked in the defence ministry to allegedly suit Finmeccanica and its subsidiary AgustaWestland.

They said files related to alterations in the helicopter's specifications will help the agency identify defence ministry officials who could be questioned. A CBI team is in touch with defence ministry officials who have been asked to produce these files at the earliest, they said.

The CBI is also likely to seek documents from the corporate affairs ministry on the shareholding pattern of Aeromatrix and IDS Infotech, allegedly involved in the kickbacks trail.

The agency has registered a preliminary enquiry against 11 people including former IAF chief S P Tyagi, his three cousins, European middlemen and four companies. Two Indian firms allegedly used to route bribe money are among these four companies.

Tyagi has refuted all allegations against him. The agency has also got some documents from Finmeccanica on the basis of which it has started a probe in the matter.

CBI sources said during the preliminary enquiry, the agency's powers in summoning and carrying out searches were limited and it was trying to complete the enquiry as early as possible so that a clear view of alleged corruption could emerge based on which future course of action would be taken.

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Holder Says Sequester Makes America Less Safe












The looming budget sequestration will make Americans less safe, Eric Holder says—and anyone who says otherwise isn't telling the truth.


"This is something that is going to have an impact on the safety of this country," the U.S. attorney general told ABC's Pierre Thomas on Wednesday in a wide-ranging, exclusive interview.


"And anybody that says otherwise is either lying or saying something that runs contrary to the facts," Holder said.


In his interview with ABC News, Holder reiterated warnings that if automatic spending cuts are triggered on Friday, the Justice Department will be handicapped in some of its most vital missions to prevent terrorist attacks and crime.


"The Justice Department is going to lose nine percent of its budget between now and September 30th. We're going to lose $1.6 billion. There are not going to be as many FBI agents, ATF agents, DEA agents, prosecutors who are going to be able to do their jobs," Holder said. "They're going to be furloughed. They're going to spend time out of their offices, not doing their jobs."


Portions of the interview will air Wednesday, February 27 on "ABC World News"






Patrick Semansky/AP Photo











Eric Holder Says Homegrown Terror Threat Equals International: Exclusive Watch Video









Eric Holder Remembers Newtown, His Worst Day on the Job: Exclusive Watch Video







President Obama's Cabinet members have been warning for weeks that budget sequestration, which will begin Friday unless Obama and Republicans reach a deficit-reduction deal to avoid it, will leave their agencies shorthanded and could bring about disastrous consequences. Homeland Security Secretary Janet Napolitano and Transportation Secretary Ray LaHood have both appeared at the White House press briefing room to warn that furloughs for border-patrol agents, TSA agents and air-traffic controllers will mean weakened border and port security, longer waits in airport security lines, and logjammed air travel.


Holder, for his part, warned in a Feb. 1 letter to the Senate Appropriations Committee that cuts to the FBI, the ATF, the U.S. Marshals Service, and U.S. Attorneys would limit the department's capacity to investigate crimes. Cuts at the Bureau of Prisons, Holder wrote, would mean lockdowns and potential violence, with fewer staff members on hand. In a separate letter, FBI Director Robert Mueller warned that counterterrorism operations would be affected, with the possible elimination of some joint terrorism task forces with state and local police. Limited surveillance and slower response times would mean unwatched targets and the possibility that individuals on terrorism watch lists could gain entry to the U.S.


"FBI's ability to proactively penetrate and disrupt terrorist plans and groups prior to an attack would be impacted," Mueller wrote.


To Holder, the problem is simple.


"If you don't have prosecutors and agents doing what we expect them to do, and we won't if this thing actually takes place, we are going to be a nation that is going to be less safe. And that is simple fact," Holder said.


Some Republicans have claimed the Obama administration is exaggerating the sequester's purported consequences as a ploy to campaign for tax hikes. On "Fox News Sunday" this week, Sen. Tom Coburn, R-Okla., posited that federal agencies enjoy enough flexibility to avoid the worst consequences of the cuts.


On Wednesday, Holder acknowledged that the Justice Department will do what it can to avoid compromised security, while maintaining that furloughs can't be avoided.






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Vt. lye victim gets new face at Boston hospital


BOSTON (AP) — A Vermont woman whose face was disfigured in a lye attack has received a face transplant.


Doctors at Boston's Brigham and Women's Hospital say 44-year-old Carmen Blandin Tarleton underwent the surgery earlier this month.


A team worked 15 hours to transplant the facial skin, including the neck, nose, lips, facial muscles, arteries and nerves.


The 44-year-old Tarleton, of Thetford, Vt., was attacked by her former husband in 2007. He doused her with industrial strength lye. She suffered chemical burns over 80 percent of her body. The mother of two wrote a book about her experience that describes her recovery.


It was the fifth face transplant at the Boston hospital.


Physicians are planning to discuss the case Wednesday at the hospital.


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Batman to lose son Robin






NEW YORK: Batman may be able to save the world, but he'll lose his sidekick Robin -- who in his current incarnation as his son -- in the upcoming Batman Incorporated comic book series.

DC Comics said the caped crusader's acrobatic young assistant, Batman alter ego Bruce Wayne's son Damian, will die in Wednesday's issue number eight.

"This master theme of damaged and ruined families was nowhere more in evidence than in the creation of Damian, the first 'Son of Batman' to be acknowledged in the canon," series writer Grant Morrison said in a statement.

"In many ways this has been Damian's story as much as it has been the story of Bruce Wayne and it's a story that had its end planned a long time ago -- for what son could ever hope to replace a father like Batman, who never dies?"

The good news for those who might miss Robin is that this is the comics universe and characters who are killed can easily return. Even a previous incarnation of Robin was killed and resurrected before.

"You can never say never in a comic book," Morrison told the New York Post. "Batman will ultimately always have a partner."

-AFP/gn



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Amarnath Yatra registration from March 18

JAMMU: Jammu and Kashmir governor and chairman of Shri Amarnath Shrine Board, N N Vohra, on Tuesday reviewed the arrangements made for the Amarnath Yatra which is scheduled to take place from June 28- 21.

He was told that 422 branches of different banks spread across the nation will start registration for the Yatra from March 18.

The Board's CEO Navin Chaudhary briefed Vohra about all the measures taken for registration of Yatris on March 18 which will be managed through 422 outlets as compared to 276 provided last year. He further stated that 121 Branches of J&K Bank, 50 Branches of YES Bank, 101 Branches of State Bank of India, 100 Branches of Punjab National Bank and 50 Branches of HDFC Bank will be used for registration. The list of bank branches, application form and compulsory health certificate format and names of doctors have been uploaded on www.shriamarnathjishrine.com.

Vohra asked Chaudhary to issue clear advisories from time to time to Yatris about the requirements. He further asked him to meet Union Ministry of Information and Broadcasting, Doordarshan, and All India Radio officials to ensure an early launch of the awareness campaign.

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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 Testimony: Prosecution's Cross-Examination Watch Video









Jodi Arias Remains Calm Under 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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Koop, who transformed surgeon general post, dies


With his striking beard and starched uniform, former Surgeon General Dr. C. Everett Koop became one of the most recognizable figures of the Reagan era — and one of the most unexpectedly enduring.


His nomination in 1981 met a wall of opposition from women's groups and liberal politicians, who complained President Ronald Reagan selected Koop, a pediatric surgeon and evangelical Christian from Philadelphia, only because of his conservative views, especially his staunch opposition to abortion.


Soon, though, he was a hero to AIDS activists, who chanted "Koop, Koop" at his appearances but booed other officials. And when he left his post in 1989, he left behind a landscape where AIDS was a top research and educational priority, smoking was considered a public health hazard, and access to abortion remained largely intact.


Koop, who turned his once-obscure post into a bully pulpit for seven years during the Reagan and George H.W. Bush administrations and who surprised both ends of the political spectrum by setting aside his conservative personal views on issues such as homosexuality and abortion to keep his focus sharply medical, died Monday at his home in Hanover, N.H. He was 96.


An assistant at Koop's Dartmouth College institute, Susan Wills, confirmed his death but didn't disclose its cause.


Dr. Richard Carmona, who served as surgeon general a decade ago under President George W. Bush, said Koop was a mentor to him and preached the importance of staying true to the science even if it made politicians uncomfortable.


"He set the bar high for all who followed in his footsteps," Carmona said.


Although the surgeon general has no real authority to set government policy, Koop described himself as "the health conscience of the country" and said modestly just before leaving his post that "my only influence was through moral suasion."


A former pipe smoker, Koop carried out a crusade to end smoking in the United States; his goal had been to do so by 2000. He said cigarettes were as addictive as heroin and cocaine. And he shocked his conservative supporters when he endorsed condoms and sex education to stop the spread of AIDS.


Chris Collins, a vice president of amFAR, the Foundation for AIDS Research, said many people don't realize what an important role Koop played in the beginning of the AIDS epidemic.


"At the time, he really changed the national conversation, and he showed real courage in pursuing the duties of his job," Collins said.


Even after leaving office, Koop continued to promote public health causes, from preventing childhood accidents to better training for doctors.


"I will use the written word, the spoken word and whatever I can in the electronic media to deliver health messages to this country as long as people will listen," he promised.


In 1996, he rapped Republican presidential hopeful Bob Dole for suggesting that tobacco was not invariably addictive, saying Dole's comments "either exposed his abysmal lack of knowledge of nicotine addiction or his blind support of the tobacco industry."


Although Koop eventually won wide respect with his blend of old-fashioned values, pragmatism and empathy, his nomination met staunch opposition.


Foes noted that Koop traveled the country in 1979 and 1980 giving speeches that predicted a progression "from liberalized abortion to infanticide to passive euthanasia to active euthanasia, indeed to the very beginnings of the political climate that led to Auschwitz, Dachau and Belsen."


But Koop, a devout Presbyterian, was confirmed after he told a Senate panel he would not use the surgeon general's post to promote his religious ideology. He kept his word.


In 1986, he issued a frank report on AIDS, urging the use of condoms for "safe sex" and advocating sex education as early as third grade.


He also maneuvered around uncooperative Reagan administration officials in 1988 to send an educational AIDS pamphlet to more than 100 million U.S. households, the largest public health mailing ever.


Koop personally opposed homosexuality and believed sex should be saved for marriage. But he insisted that Americans, especially young people, must not die because they were deprived of explicit information about how HIV was transmitted.


Koop further angered conservatives by refusing to issue a report requested by the Reagan White House, saying he could not find enough scientific evidence to determine whether abortion has harmful psychological effects on women.


Koop maintained his personal opposition to abortion, however. After he left office, he told medical students it violated their Hippocratic oath. In 2009, he wrote to Senate Majority Leader Harry Reid, urging that health care legislation include a provision to ensure doctors and medical students would not be forced to perform abortions. The letter briefly set off a security scare because it was hand delivered.


Koop served as chairman of the National Safe Kids Campaign and as an adviser to President Bill Clinton's health care reform plan.


At a congressional hearing in 2007, Koop spoke about political pressure on the surgeon general post. He said Reagan was pressed to fire him every day, but Reagan would not interfere.


Koop, worried that medicine had lost old-fashioned caring and personal relationships between doctors and patients, opened his institute at Dartmouth to teach medical students basic values and ethics. He also was a part-owner of a short-lived venture, drkoop.com, to provide consumer health care information via the Internet.


Koop was born in the New York City borough of Brooklyn, the only son of a Manhattan banker and the nephew of a doctor. He said by age 5 he knew he wanted to be a surgeon and at age 13 he practiced his skills on neighborhood cats.


He attended Dartmouth, where he received the nickname Chick, short for "chicken Koop." It stuck for life.


Koop received his medical degree at Cornell Medical College, choosing pediatric surgery because so few surgeons practiced it.


In 1938, he married Elizabeth Flanagan, the daughter of a Connecticut doctor. They had four children, one of whom died in a mountain climbing accident when he was 20.


Koop was appointed surgeon-in-chief at Children's Hospital in Philadelphia and served as a professor at the University of Pennsylvania School of Medicine.


He pioneered surgery on newborns and successfully separated three sets of conjoined twins. He won national acclaim by reconstructing the chest of a baby born with the heart outside the body.


Although raised as a Baptist, he was drawn to a Presbyterian church near the hospital, where he developed an abiding faith. He began praying at the bedside of his young patients — ignoring the snickers of some of his colleagues.


Koop's wife died in 2007, and he married Cora Hogue in 2010.


He was by far the best-known surgeon general and for decades afterward was still a recognized personality.


"I was walking down the street with him one time" about five years ago, recalled Dr. George Wohlreich, director of the College of Physicians of Philadelphia, a medical society with which Koop had longstanding ties. "People were yelling out, 'There goes Dr. Koop!' You'd have thought he was a rock star."


___


Ring reported from Montpelier, Vt. Cass reported from Washington. AP Medical Writers Lauran Neergaard in Washington and Mike Stobbe in New York contributed to this report.


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