Lupus forces singer Toni Braxton into LA hospital

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LOS ANGELES (AP) — Singer Toni Braxton has been hospitalized in Los Angeles.


The R&B performer says in a Tweet on Friday that she’s been hospitalized because of “minor health issues” related to Lupus. A spokeswoman confirmed the hospitalization but had no other details. “But no worries!,” Braxton wrote to fans. “I will be out any day now.”












The 45-year-old singer of “Un-break My Heart” revealed two years ago she has Lupus, a potentially deadly autoimmune disease that killed Braxton’s uncle. She also suffers from a narrowing of the blood vessels in her heart.


Braxton said in a recent “20/20″ interview that doctors told her the Lupus diagnosis meant her performing career would likely be diminished and the disease helped push her into a recent bankruptcy.


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Online:


http://tonibraxton.com


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On the edge of the “cliff,” U.S. cities like Charleston

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CHARLESTON, South Carolina (Reuters) – For 37 years straight, Joseph P. Riley Jr. has sat behind the mayor’s desk here, shaping this city and its budget.


On a recent afternoon, Riley, 69, reached for a draft copy of next year’s spending plan and wondered aloud about what might get cut should politicians in Washington fail to find an agreement this month, unleashing $ 600 billion worth of spending reductions and tax hikes next year.












Hiring new police officers for the city of 123,000 could be put on hold, Riley said. A new piece of equipment for the fire department would have to wait. Sanitation workers might be in trouble, too.


“The thought that they would allow the economic harm that would ensue if we went over the fiscal cliff is mind-boggling,” said Riley, a Democrat who was elected to his 10th term last year.


Charleston, a beautiful city steeped in history and awash in tourist dollars, would seem at first glance a world apart from the harm that could be caused by the combination of spending cuts and higher taxes. Economists predict its arrival could send the United States hurtling back into a recession.


At its edges, however, Charleston harbors the people who are most vulnerable to Washington’s intransigence, making the city an emblem of a country’s worry and of the powerlessness people feel in the face of Washington’s indecision.


The sting of automatic cuts would be felt acutely by those who work in the defense sector and the poor. They form two prominent groups in Charleston County who may share little but the knowledge that federal belt-tightening is less a nuisance than an existential threat.


In South Carolina, defense spending accounts for $ 15.7 billion in annual economic activity – more than one in 10 dollars spent in the state – and nearly 140,000 jobs.


The Charleston area alone, which includes a large Air Force base and a Navy facility, holds more than 66,000 defense jobs and nearly half of the state’s military economic activity, according to a report released last month by the South Carolina Department of Commerce.


While Charleston, like the rest of the state, has seen a boom in military spending over the last decade, the area has the state’s second-highest concentration of people living in poverty, according to 2010 U.S. census data. More than one in four children live in poverty in the surrounding county.


From the anticipated cuts to the military to the shrinking of the safety net, Charleston shows what’s at stake should the United States fall off the fiscal cliff.


‘DEVASTATION’


A fast-talking engineer originally from Detroit, Michigan, Rebecca Ufkes founded UEC Electronics with her husband in neighboring Hanahan 17 years ago. Walking past employees in blue lab coats assembling components for military vehicles and commercial products last week, Ufkes described the chilling effect the possibility of cuts have had on Charleston’s defense industry.


In September, Ufkes traveled to Washington as a part of a lobbying effort organized by the Aerospace Industry Association, hoping to impress politicians with the dangers facing her 200-person company and its competitors should the anticipated $ 500 billion in defense cuts, over 10 years, come to pass.


She came away encouraged by her state’s largely Republican representation in Washington but frustrated by other lawmakers.


“South Carolina is a very pro-business state,” she said. “They are very keen on economics. It’s just that we are only one of 50 states.”


Ufkes, 48, said she worries not only about the uncertainty that has left defense contractors unsure where to invest but the impending tax increases, which she said will put her company, active in the commercial marketplace as well, at a disadvantage against foreign rivals.


“Probably the solution is not going to be perfect for UEC,” she said, “but I don’t want it to be devastating. Compromise and devastation are not the same thing.”


With a mug declaring, “Failure is not an option,” sitting on her desk, Ufkes predicted that her company would make it, no matter how devastating the cuts are.


“If we don’t survive,” she said. “I don’t know who will.”


NO ‘GIFTS’


Five miles (eight km) from Ufkes’ cutting-edge electronics manufacturer is the struggling North Charleston neighborhood of Chicora-Cherokee, where Bill Stanfield and his wife, Evelyn Oliveira, arrived fresh out of Princeton Theological Seminary 10 years ago.


They founded Metanoia, a development organization focusing on bettering the community by securing housing loans, planting a garden, and running after-school and summer programs.


Through government services like AmeriCorps, the national volunteer group, and funds from sources like the U.S. Department of Housing and Urban Development, Stanfield said his group received nearly a fifth of its funding from the federal government last year.


With politicians facing immense pressure over limiting cuts to entitlements like the Medicare health insurance program for seniors and the Social Security retirement program, advocates for the poor say they expect painful reductions in spending on education and housing.


“I don’t know if our housing program would survive,” Stanfield, 39, said.


Cuts to education will hit South Carolina hard, where the schools have bled money over the last five years.


According to the left-leaning Center on Budget and Policy Priorities, South Carolina’s cuts to education have been the fifth largest in the country, slicing 18 percent off of per-student spending during that period.


The Obama administration, which Republicans consider a profligate spender, has felt like lean times in neighborhoods like Chicora-Cherokee, Stanfield said.


“You know Mitt Romney said that people voted for Obama because of gifts?” Stanfield said. “There’s this misconception that President Obama has been a gravy train of funding. There was more funding under President Bush of these organizations than under Obama.”


‘GAME OF CHICKEN’


Last month, Riley, the Charleston mayor, went to Washington with a group of fellow city leaders, Democrats and Republicans, to lobby the White House and Congress to save cities from drastic cuts.


Vice President Joseph Biden and Democratic leaders from the House of Representatives and Senate met with the mayors. House Speaker John Boehner and other Republican leaders in Congress declined their invitation, Riley said.


While Riley supports Obama’s proposal to increase taxes on income earned over $ 250,000, a sticking point in the negotiations, he and other mayors cautioned that ending the tax-free status of municipal bonds would strangle cities’ access to needed capital.


Riley returned to Charleston feeling like a deal, which could prevent the harshest blows from hitting his city, its residents and jobs, was in the offing. Now, he said, he is not so sure.


“It looks like it’s a game of chicken,” he said, “and there are signals that they are going to go through with it.”


(Reporting By Samuel P. Jacobs Editing by Fred Barbash and Eric Beech)


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North Korea considers delaying controversial rocket launch

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SEOUL, South Korea (AP) — North Korea may postpone the controversial launch of a long-range rocket that had been slated for liftoff as early as this week, state media said Sunday, as international pressure on Pyongyang to cancel the provocative move intensified.


Scientists have been pushing forward with final preparations for the launch from a west coast site, slated to take place as early as Monday, but are considering "readjusting" the timing, an unidentified spokesman for the Korean Committee for Space Technology told North Korea's state-run Korean Central News Agency.


It was unclear whether diplomatic intervention or technical glitches were behind the delay. A brief KCNA dispatch said scientists and technicians were discussing whether to set new launch dates but did not elaborate.


Word of a possible delay comes just days after satellite photos indicated that snow may have slowed launch preparations, and as officials in Washington, Seoul, Tokyo, Moscow and elsewhere urged North Korea to cancel a liftoff widely seen as a violation of bans against missile activity.


Commercial satellite imagery taken by GeoEye on Dec. 4 and shared Friday with The Associated Press by the 38 North and North Korea Tech websites showed the Sohae site northwest of Pyongyang covered with snow. The road from the main assembly building to the launch pad showed no fresh tracks, indicating that the snowfall may have stalled the preparations.


However, analysts believed rocket preparations would have been completed on time for liftoff as early as Monday.


North Korea announced earlier this month that it would launch a three-stage rocket mounted with a satellite from its Sohae station southeast of Sinuiju sometime between Dec. 10 and Dec. 22. Pyongyang calls it a peaceful bid to send an observational satellite into space, its second attempt this year.


The launch announcement captured global headlines because of its timing: South Korea and Japan hold key elections this month, President Barack Obama begins his second term next month and China has just formed a new leadership. North Koreans also have begun a mourning period for late leader Kim Jong Il, who died on Dec. 17, 2011.


Last week, U.S. Secretary of State Hillary Rodham Clinton said Washington was "deeply concerned" about the launch, and urged foreign ministers from NATO and Russia to demand that Pyongyang cancel its plans.


U.S. and others said the launch would violate U.N. Security Council resolutions banning North Korea from nuclear and missile activity because the rocket shares the same technology used for firing a long-range missile.


North Korea has unveiled missiles designed to target U.S. soil and has tested two atomic bombs in recent years, but has not shown yet that it has mastered the technology for mounting a nuclear warhead to a long-range missile. Six-nation negotiations to offer North Korea much-needed aid in exchange for nuclear disarmament have been stalled since 2009.


China, the North's main ally and aid provider, noted its "concern" after North Korea declared its plans. It acknowledged North Korea's right to develop its space program but said that had to be harmonized with restrictions including those set by the U.N. Security Council.


In Seoul, officials at the Defense Ministry, Joint Chiefs of Staff and the Foreign Ministry said Sunday they couldn't immediately find what might be behind the possible delay.


North Korea may hold off if Washington actively engages Pyongyang in dialogue and promises to ship stalled food assistance to the country, said Koh Yu-hwan, a professor of North Korean studies at Seoul's Dongguk University.


In February, the U.S. agreed to provide 240,000 metric tons of food aid to North Korea in exchange for a freeze in nuclear and missile activities. The deal collapsed after North Korea attempted to launch a long-range rocket in April. That rocket broke up seconds after liftoff.


Analyst Baek Seung-joo of the South Korean state-run Korea Institute for Defense Analyses in Seoul said China must have sent a "very strong" message calling for the North to cancel the launch plans.


"North Korea won't say it would delay the launch due to foreign pressure so that's why they say scientists and technicians are considering delaying it," he said.


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Protesters surge around Egypt’s presidential palace

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CAIRO (Reuters) – Tens of thousands of Egyptian protesters surged around the presidential palace on Friday and the opposition rejected President Mohamed Mursi‘s call for dialogue to end a crisis that has polarized the nation and sparked deadly clashes.


The Islamist leader’s deputy said he could delay a December 15 referendum on a constitution that liberals opposed, although the concession only partly meets a list of opposition demands that include scrapping a decree that expanded Mursi‘s powers.












“The people want the downfall of the regime” and “Leave, leave,” crowds chanted after bursting through barbed wire barricades and climbing on tanks guarding the palace of Egypt‘s first freely elected president.


Their slogans echoed those used in a popular revolt that toppled Mursi’s predecessor Hosni Mubarak in February 2011.


Vice President Mahmoud Mekky said in a statement sent to local media that the president was prepared to postpone the referendum if that could be done without legal challenge.


The dialogue meeting was expected to go ahead on Saturday in the absence of most opposition factions. “Tomorrow everything will be on the table,” a presidential source said of the talks.


The opposition has demanded that Mursi rescind a November 22 decree giving himself wide powers and delay the vote set for December 15 on a constitution drafted by an Islamist-led assembly which they say fails to meet the aspirations of all Egyptians.


The state news agency reported that the election committee had postponed the start of voting for Egyptians abroad until Wednesday, instead of Saturday as planned. It did not say whether this would affect the timing of voting in Egypt.


Ahmed Said, leader of the liberal Free Egyptians Party, told Reuters that delaying expatriate voting was made to seem like a concession but would not change the opposition’s stance.


He said the core opposition demand was to freeze Mursi’s decree and “to reconsider the formation and structure of the constituent assembly”, not simply to postpone the referendum.


The opposition organized marches converging on the palace which elite Republican Guard units had ringed with tanks and barbed wire on Thursday after violence between supporters and opponents of Mursi killed seven people and wounded 350.


Islamists, who had obeyed a military order for demonstrators to leave the palace environs, held funerals on Friday at Cairo’s al-Azhar mosque for six Mursi partisans who were among the dead. “With our blood and souls, we sacrifice to Islam,” they chanted.


“ARM-TWISTING”


In a speech late on Thursday, Mursi had refused to retract his November 22 decree or cancel the referendum on the constitution, but offered talks on the way forward after the referendum.


The National Salvation Front, the main opposition coalition, said it would not join the dialogue. The Front’s coordinator, Mohamed ElBaradei, a Nobel peace laureate, dismissed the offer as “arm-twisting and imposition of a fait accompli”.


Murad Ali, spokesman of the Brotherhood’s Freedom and Justice Party (FJP), said opposition reactions were sad: “What exit to this crisis do they have other than dialogue?” he asked.


Mursi’s decree giving himself extra powers sparked the worst political crisis since he took office in June and set off renewed unrest that is dimming Egypt’s hopes of stability and economic recovery after nearly two years of turmoil following the overthrow of Mubarak, a military-backed strongman.


The turmoil has exposed contrasting visions for Egypt, one held by Islamists, who were suppressed for decades by the army, and another by their rivals, who fear religious conservatives want to squeeze out other voices and restrict social freedoms.


Caught in the middle are many of Egypt’s 83 million people who are desperate for an end to political turbulence threatening their precarious livelihoods in an economy under severe strain.


“We are so tired, by God,” said Mohamed Ali, a laborer. “I did not vote for Mursi nor anyone else. I only care about bringing food to my family, but I haven’t had work for a week.”


ECONOMIC PAIN


A long political standoff will make it harder for Mursi’s government to tackle the crushing budget deficit and stave off a balance of payments crisis. Austerity measures, especially cuts in costly fuel subsidies, seem inevitable to meet the terms of a $ 4.8-billion IMF loan that Egypt hopes to clinch this month.


U.S. President Barack Obama told Mursi on Thursday of his “deep concern” about casualties in this week’s clashes and said “dialogue should occur without preconditions”.


The upheaval in the most populous Arab nation worries the United States, which has given billions of dollars in military and other aid since Egypt made peace with Israel in 1979.


The conflict between Islamists and opponents who each believe the other is twisting the democratic rules to thwart them has poisoned the political atmosphere in Egypt.


The Muslim Brotherhood’s spokesman, Mahmoud Ghozlan, told Reuters that if the opposition shunned the dialogue “it shows that their intention is to remove Mursi from the presidency and not to cancel the decree or the constitution as they claim”.


Ayman Mohamed, 29, a protester at the palace, said Mursi should scrap the draft constitution and heed popular demands.


“He is the president of the republic. He can’t just work for the Muslim Brotherhood,” Mohamed said of the eight-decade-old Islamist movement that propelled Mursi from obscurity to power.


(Additional reporting by Omar Fahmy; Writing by Edmund Blair and Alistair Lyon; Editing by Giles Elgood)


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T-Mobile to Offer Cheapest iPhone 5 in 2013

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T-Mobile, the smallest of the “big four” wireless carries in the United States, already offers the country’s cheapest iPhone service — if you have an unlocked iPhone. And according to Engadget’s Brad Molen, more than a million unlocked iPhones are on T-Mobile‘s network already.


Now, T-Mobile has announced that it will “add Apple products to its portfolio in the coming year,” according to parent company Deutsche Telekom AG. And while that could mean anything from the new iPad Mini to an as-yet-unreleased Apple product of some kind, many expect T-Mobile to finally get the iPhone, making it the last major carrier in the United States to get it.












If T-Mobile does, and it continues to offer its $ 30 “Unlimited Web & Text with 100 Minutes” plan, that may make T-Mobile’s iPhone the cheapest one out there — even if it costs hundreds of dollars more up front than on AT&T.


Subsidies aren’t just for big corporations


Most of the big-name wireless carriers in the United States offer what are called “subsidized” smartphones, meaning you don’t pay their whole cost up front. Instead, you pay a discounted price (which can be as little as $ 0.01), but are locked into a wireless contract for up to 2 years. Wireless customers who switch before their contract is up have to pay an “early termination fee,” which can go over and above the actual cost of the smartphone.


Buy now, save later


With prepaid smartphone plans, on the other hand, you pay the whole cost of the phone up front and afterward it’s yours to keep (whether its SIM card is locked into one network or not). And with the announcement that T-Mobile is going prepaid-only starting next year, that means any iPhone the company carries will be of the unsubsidized variety.


Apple currently sells the 16 GB iPhone 5 for $ 649, contract-free, on its website. It also sells the 16 GB iPhone 4S for $ 549, however, while contract-free carrier Virgin Mobile sells the same phone unsubsidized for $ 449 with a $ 35 per month data plan — not too much more expensive than T-Mobile’s.


Lessons of the past


It’s hard to say how much T-Mobile would offer an iPhone 5 for if the device landed on its network. Virgin Mobile started out charging more up front and offering a $ 30 plan, while Cricket currently sells the contract-free iPhone 5 for $ 499 but its service starts at $ 55.


Assuming T-Mobile continues to offer its current “web exclusive” $ 30 unlimited plan for a hypothetical iPhone 5 on its network, it’s not likely to be discounted much if at all from Apple’s asking price. Just paying for 5 GBs of data per month from AT&T would cost $ 1,200 over 2 years, however, plus the $ 199 cost of a subsidized iPhone (and you have to pay for voice minutes and texting on top of that). Meanwhile, it’s possible right now to buy an unlocked iPhone 5 from Apple and get 2 years of T-Mobile’s $ 30 service for $ 1,369. That includes 5 GBs of data before connection speed throttling, plus unlimited texting and 100 voice minutes per month.


​Looking to the future


T-Mobile offers the cheapest iPhone 5 service right now. And if the “Apple products” T-Mobile is getting next year include the iPhone 5, T-Mobile customers may see even better offerings coming their way in the near future.


Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.


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‘Borderlands 2,’ ‘Dishonored’ win at Spike VGAs

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LOS ANGELES (AP) — The cartoony post-apocalyptic shoot-’em-up sequel “Borderlands 2″ and the stealthy first-person game “Dishonored” were among the early winners at the Spike Video Game Awards on Friday.


“Borderlands 2″ was picked as best shooter and multiplayer game, while “Dishonored” was awarded with the best action-adventure game trophy at the gaming extravaganza.












The ceremony honors outstanding achievements within the gaming industry over the past year.


“The Avengers” star and shooter fan Samuel L. Jackson hosted the 10th annual ceremony at Sony Pictures Studios — his fourth time as the show’s emcee.


This year’s ceremony was scheduled to screen never-before-seen footage from such upcoming titles as “The Last Us,” ”South Park: The Stick of Truth” and “Castlevania: Lords of Shadow 2.” It will also serve as the launch pad for newly announced game “The Phantom Pain.”


For the first time, the VGAs were streamed on Xbox Live, the online service for Microsoft’s Xbox 360 console. During the ceremony, online viewers could vote on show components such as what songs and clips would be played during the ceremony.


___


Online:


http://www.spike.com/events/video-game-awards


___


Follow AP Entertainment Writer Derrik J. Lang on Twitter at http://www.twitter.com/derrikjlang


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NJ residents go home after toxic chemicals cleared

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PAULSBORO, New Jersey (Reuters) – Residents of New Jersey evacuated after a freight train derailment last week spewed toxic vinyl chloride began returning home on Friday as tests of the air came back clean, a Coast Guard official said.


Exactly one week after a bridge collapsed, derailing seven of the 82 Conrail freight-train cars crossing the Mantua Creek in southern New Jersey, residents who were ordered out of more than 200 homes nearest the wreck were allowed back into their homes on Friday afternoon.












Coast Guard Captain Kathy Moore said air tests in Paulsboro showed no further evidence of vinyl chloride, which had leaked from a gash in one tanker that tumbled into the waterway that feeds into the Delaware River near Philadelphia.


At the time of the wreck, authorities said 12,000 gallons (45,425 liters) of vinyl chloride had escaped.


Groups of residents were being led to their homes by law enforcement and air quality officials. The Coast Guard also offered in-home air quality checks to any resident seeking further assurance that their home is safe.


One of those set to return home Friday was Yasmen Stafford, 19, the mother of 6-month-old twin boys who has been living in a motel for the last week.


“I just want to get settled back in and get back to my regular routine,” said Stafford as she waited at the Paulsboro volunteer fire department for an escort by a police officer and air quality specialist.


Koren Warrington, 39, who has also been living in a nearby hotel, confessed she was a “little nervous” about returning home, fearing her home would smell of toxic chemicals.


Paulsboro Mayor Jeff Hamilton said 680 people from some 204 houses had been evacuated after the train crash. He said he knew of nobody that has reported an air quality problem upon returning home.


Vinyl chloride is a highly toxic and flammable industrial chemical. Exposure to it can cause respiratory problems, coughing and light-headedness, said Lawrence Ragonese, spokesman for the state Department of Environmental Protection.


The failed rail-bridge is near both residential and commercial sections of the town of 6,100 people, which is also home to two oil refineries as well as chemical plants.


Conrail is jointly owned by rail operators CSX Corp and Norfolk Southern Corp.


(Editing by Barbara Goldberg, Todd Eastham and Leslie Adler)


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Court takes on same-sex marriage: What’s at stake

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In a historic step that rivals other Supreme Court moves into the center of America’s cultural character, the justices on Friday agreed to consider the constitutionality of federal and state laws that deny marriage rights or marital benefits to same-sex couples. But the move carried with it the potential for stopping short of settling the core constitutional issue.



The court’s orders Friday afternoon said the justices would hear claims that states do not violate the Constitution when they allow marriage only for one man and one woman, and that the federal government does violate the Constitution when it denies benefits to same-sex couples who are already legally married under state laws. Those are the key questions on gays’ and lesbians’ right to marry.


At the same time, however, the court gave itself the option of postponing answers to those key questions. It raised a series of procedural issues that could mean that neither of the cases it granted would provide a definitive outcome. Which way it ultimately would choose to move is not predictable at this point. (Constitution Daily on Monday will provide a fuller analysis of what the court has said it would do.)


Last summer, as cases on same-sex marriage were reaching the Supreme Court, the justices were told that what was at stake was “the defining civil rights issue of our time.” That was a comment from two lawyers whose own fame–and past differences in court–have added to the high visibility of those cases: Theodore B. Olson and David Boies.


Once the opposing lawyers in the court’s celebrated decision in Bush v. Gore, settling a presidential election, Olson and Boies have joined forces to help speed up an already unfolding timetable of court rulings on whether gays and lesbians will be able to marry.  They won one of the most sweeping rulings ever issued by a court, when a federal judge in San Francisco two years ago struck down California’s ban on such marriages, “Proposition 8.”


But, years before those titans of the bar joined the fight, lawyers in gay rights organizations had been pressing the marriage issue in their own lawsuits. They, too, saw it as a defining issue of the day. They actually had two parallel campaigns going in the courts: open marriage to homosexual partners, and open the military to gays and lesbians, who could serve without hiding their sexual identities.


As the court now moves into the marriage issue, the fight over gays in the military already has been won. Congress repealed that ban, and the services are now welcoming gays and lesbians without trying to regulate their private lives.


There is virtually no chance that Congress–at least Congress as presently constituted–would pass legislation to open marriage to homosexuals on a nationwide basis. That is simply not politically possible and, besides, there is a question about whether Congress could impose such a requirement upon states, which traditionally have defined who can marry.


And, since the politics of gay rights do not suggest that a constitutional amendment to permit same-sex marriages will even be attempted, the path to such marriages remains either in state legislatures, with the voters of the states, or with the courts.


Recent Constitution Daily Stories


What’s the court doing with same-sex marriage cases?
Constitution Check: Would an Obama victory turn the Supreme Court sharply to the left?
Constitution Check: Will the politics of 2012 influence the constitutionality of gay marriage?


The campaign to pursue same-sex marriage through the courts has been marked, at times, by disagreements about what was the best strategy, and what was the best time to try to advance the cause. While supporters of same-sex marriage have had some control over the process, it has not been entirely a matter of their choice. Rigorous efforts challenging same-sex marriage have been made, in politics and in the courts, and have succeeded most of the time with the voters.


Still, it has been widely assumed that, sooner or later, the issue probably would be resolved as a constitutional matter by the Supreme Court. It has had rulings on gay rights in recent years, but it has never issued a full-scale ruling on the issue of marriage for homosexual couples.


Whether the review that is now beginning will lead to a sweeping new ruling, or only one that is limited in scope, will only become clear as the time for decision approaches.


Since the same-sex marriage cases began arriving at the court last summer, a total of 11 have now been placed on the docket. At a conference Friday morning, the court had before it 10 of those petitions, and the justices were examining them to decide which issues they were ready to confront.


Lyle Denniston is the National Constitution Center’s Adviser on Constitutional Literacy. He has reported on the Supreme Court for 54 years, currently covering it for SCOTUSblog, an online clearinghouse of information about the Supreme Court’s work.

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Toronto mayor to stay in power pending appeal of ouster

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TORONTO (Reuters) – Toronto Mayor Rob Ford can stay in power pending an appeal of a conflict of interest ruling that ordered him out of his job as leader of Canada’s biggest city, a court ruled on Wednesday.


Madam Justice Gladys Pardu of the Ontario Divisional Court suspended a previous court ruling that said Ford should be ousted. Ford’s appeal of that ruling is set to be heard on January 7, but a decision on the appeal could take months.












Justice Pardu stressed that if she had not suspended the ruling, Ford would have been out of office by next week. “Significant uncertainty would result and needless expenses may be incurred if a by-election is called,” she said.


If Ford wins his appeal, he will get to keep his job until his term ends at the end of 2014. If he loses, the city council will either appoint a successor or call a special election, in which Ford is likely to run again.


“I can’t wait for the appeal, and I’m going to carry on doing what the people elected me to do,” Ford told reporters at City Hall following the decision.


Ford, a larger-than-life character who took power on a promise to “stop the gravy train” at City Hall, has argued that he did nothing wrong when he voted to overturn an order that he repay money that lobbyists had given to a charity he runs.


Superior Court Justice Charles Hackland disagreed, ruling last week that Ford acted with “willful blindness” in the case, and must leave office by December 10.


Ford was elected mayor in a landslide in 2010, but slashing costs without cutting services proved harder than he expected, and his popularity has fallen steeply.


He grabbed unwelcome headlines for reading while driving on a city expressway, for calling the police when a comedian tried to film part of a popular TV show outside his home, and after reports that city resources were used to help administer the high-school football team he coaches.


The conflict-of-interest drama began in 2010 when Ford, then a city councillor, used government letterhead to solicit donations for the football charity created in his name for underprivileged children.


Toronto’s integrity commissioner ordered Ford to repay the C$ 3,150 ($ 3,173) the charity received from lobbyists and companies that do business with the city.


Ford refused to repay the money, and in February 2012 he took part in a city council debate on the matter and then voted to remove the sanctions against him – despite being warned by the council speaker that voting would break the rules.


He pleaded not guilty in September, stating that he believed there was no conflict of interest as there was no financial benefit for the city. The judge dismissed that argument.


In a rare apology after last week’s court ruling, he said the matter began “because I love to help kids play football”.


Ford faces separate charges in a C$ 6 million libel case about remarks he made about corruption at City Hall, and is being audited for his campaign finances. The penalty in the audit case could also include removal from office.


(Reporting by Claire Sibonney; Editing by Janet Guttsman, Russ Blinch, Nick Zieminski; and Peter Galloway)


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Apple, Samsung spar in court, ruling to come

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SAN JOSE, California (Reuters) – Apple Inc and Samsung Electronics squared off again in court on Thursday, as the iPhone maker tried to convince a U.S. district judge to ban sales of a number of the South Korean company’s devices and defended its $ 1.05 billion jury award.


Apple scored a sweeping legal victory in August at the conclusion of its landmark case against its arch-foe, when a U.S. jury found Samsung had copied critical features of the iPhone and iPad and awarded it damages.












Both sides re-convened on Thursday. U.S. District Judge Lucy Koh listened to a range of arguments on topics from setting aside the jury’s findings on liability to alleged juror misconduct and the requested injunction.


The hearing concluded with Koh promising to rule at a later date.


Twenty-four of Samsung’s smartphones were found to have infringed on Apple’s patents, while two of Samsung’s tablets were cleared of similar allegations.


Koh began by questioning the basis for some of the damages awarded by the jury, putting Apple’s lawyers on the defensive.


“I don’t see how you can evaluate the aggregate verdict without looking at the pieces,” Koh said.


Samsung’s lawyers argued the ruling against it should be “reverse engineered” to be sure the $ 1.05 billion was legally arrived at by the jury and said that on that basis, the amount should be slashed. Apple countered that the ruling was reasonable.


“Assuming I disagree with you, what do I do about Captivate, Continuum, Droid Charge, Epic 4G, and Gem?” Koh asked Apple’s lawyers, referring to the jury’s calculation of damages regarding some of Samsung’s devices.


FIERCEST RIVAL


Samsung is Apple’s fiercest global business rival and their battle for consumers’ allegiance is helping shape the landscape of the booming smartphone and tablet industry — a fight that has claimed several high-profile victims, including Nokia.


While the trial was deemed a resounding victory for Apple, the company has since seen its market value shrink as uncertainty grows about its ability to continue fending off an assault by Samsung and other Google Inc Android gadgets on its home turf.


Apple’s stock has nosedived 18 percent since the August 24 verdict, while Samsung’s has gained around 16 percent.


Most of the devices facing injunction are older and, in some cases, out of the market.


Such injunctions have been key for companies trying to increase their leverage in courtroom patent fights.


In October, a U.S. appeals court overturned a pretrial sales ban against Samsung’s Galaxy Nexus smartphone, dealing a setback to Apple’s battle against Google Inc’s increasingly popular mobile software.


Some analysts say Apple’s willingness to license patents to Taiwan’s HTC could convince Koh it does not need the injunction, as the two companies could arrive at a licensing deal.


Apple is also attempting to add more than $ 500 million to the $ 1 billion judgment because the jury found Samsung willfully infringed on its patents. A Samsung lawyer argued against willful damages and said the base amount for calculating any potential willful damages should be just $ 10 million.


Samsung wants the verdict overturned, saying the jury foreman did not disclose that he was once in litigation with Seagate Technology, a company that Samsung has invested in.


“He should have been excused for cause,” said Samsung lawyer Charles Verhoeven. “Such a juror was a juror in name only.”


The juror misconduct charge is “unlikely to have much traction,” said Christopher Carani, a partner at Chicago-based intellectual property law firm McAndrews, Held & Malloy, Ltd.


Both Apple and Samsung have filed separate lawsuits covering newer products, including the Samsung Galaxy Note II. That case is pending in U.S. District Court in San Jose and is set for trial in 2014.


(Reporting By Noel Randewich; Editing by Kim Coghill)


Tech News Headlines – Yahoo! News


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