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Obama Announces Appeals Court Judge Sotomayor As Supreme Court Nominee
President Obama this morning announced Judge Sonia Sotomayor of the Second Circuit Court of Appeals as his nominee to replace retiring Supreme Court Justice David Souter, the New York Times" "The Caucus" reports. Sotomayor, if confirmed, would be the first Hispanic to serve on the court and, with Justice Ruth Bader Ginsburg, bring the number of female justices currently on the court to two. White House officials said the president made his decision over the Memorial Day weekend after narrowing his list of candidates to four. s close to the selection process said the other candidates included Federal Appeals Judge Diane Wood, Homeland Security Secretary Janet Napolitano and Solicitor General Elena Kagan (Zeleny, "The Caucus," New York Times, 5/26). According to the Washington Post, Obama has set a deadline of having Sotomayor confirmed before the Senate"s five-week recess that begins Aug. 7 (Shear et al., Washington Post, 5/26). Sotomayor, a graduate of Princeton University and Yale Law School, joined the federal district court in 1992 after being nominated by former President George H.W. Bush. Former President Clinton nominated her to the appeals court in 1997, and she was confirmed in 1998 (Baker/Zeleny, New York Times, 5/26). The Post reports that many analysts considered Sotomayor a likely pick to replace Souter, who announced his retirement earlier this month (Washington Post, 5/26). According to the Times, Sotomayor"s past statements that her ethnicity and gender are important factors in serving as a judge "could generate debate" during the nomination process. In a 2002 lecture, Sotomayor said, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn"t lived that life" (New York Times, 5/26). Both liberal and conservative advocates were quick to release statements on the selection after the announcement this morning. Doug Kendall, president of the liberal Constitution Accountability Center, said, "We already know that she is a brilliant lawyer who is committed to ruling based on the Constitution and the law, not on her own personal political views." Wendy Long, counsel to the conservative Judicial Confirmation Network, said in an e-mail to reporters that Sotomayor "is a liberal judicial activist of the first order who thinks her own personal political agenda is more important than the law as written. She thinks that judges should dictate policy, and that one"s sex, race and ethnicity ought to affect the decisions one renders from the bench" (Washington Post, 5/26). According to Politico, of the nominees Obama was considering, Sotomayor was the one that Republicans indicated "they would complain most loudly about." However, the Democratic control of the Senate makes it unlikely that Republicans could block her confirmation, Politico reports (Allen/Martin, Politico, 5/26). Over the weekend, Senate Minority Whip Jon Kyl (R-Ariz.), a member of the Senate Judiciary Committee, said that senators from both parties "reserve the right to not only oppose a nomination, but also prevent the vote on a nomination" (Wilson, The Hill, 5/25). Kyl also said that although the GOP likely does not have enough votes for a filibuster, he would attempt to delay the nomination if Obama chose someone outside what he considers the mainstream. He said, "We will distinguish between a liberal judge on one side and one who doesn"t decide cases on the merits but, rather, on the basis of his or her preconceived ideas" (Washington Times, 5/25). Obama Discusses Nomination in C-SPAN InterviewIn an interview on Friday with C-SPAN, Obama said he would like to choose a Supreme Court justice who has "a little bit of a common touch" and a "practical sense of how the world works," the Post reports. Obama added that he "continue[s] to believe" that "empathy" is an important quality in a justice, despite Republican criticism that his emphasis on the quality means that he seeks a judge with an "activist" agenda, the Post reports
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Senate Finance Committee To Discuss Public Plan Options; House Energy And Commerce Committee Discusses State, Regional Plans
The Senate Finance Committee on Thursday will meet to discuss the inclusion of a public insurance plan in its health care reform legislation, the Des Moines Register reports (Beaumont, Des Moines Register, 5/14). Supporters of the public plan say it would allow middle-income workers a choice between their employer coverage and coverage offered by the government. The insurance industry and Republican lawmakers oppose such a plan.The Finance Committee will consider a plan similar to Medicare but that would feature slightly higher reimbursement rates for providers. The plan would either be operated by the government or government-contracted private firms. Another option would allow each state to develop and oversee its own public coverage plan. The committee also will consider a proposal from Sen. Charles Schumer (D-N.Y.) that would allow a new public plan to compete with private insurers by requiring that the public plan be financed by premiums rather than tax dollars, that it follow the same solvency rules that apply to private firms and that it keep a reserve fund to cover liabilities. Schumer"s plan also would allow doctors and hospitals the choice of participating. The public plan also would be required to follow the same consumer protection rules as private firms (Alonso-Zaldivar/Werner, AP/Contra Costa Times, 5/14). The panel also is expected to discuss employer or individual mandates (Edney, CongressDaily, 5/14).Committee ranking member Chuck Grassley (R-Iowa), who has said he believes a public plan would eventually eliminate private insurance and force U.S. residents out of their employer-sponsored plans, said the committee meeting will reveal the likelihood of Republicans uniting against a public option. "We will have an idea how controversial it is and how strong people feel about it on both sides," Grassley said. He added, "I think before I would write it off completely, I would want to look at what those possible compromises are" (Des Moines Register, 5/14). House Energy and Commerce Committee
News of the day
WHO Stops Tracking H1N1 Cases
"In a move that caught many public health experts by surprise, the WHO quietly announced Thursday that it would stop tracking swine flu cases and deaths around the world," the New York Times reports. According to the newspaper, the announcement "perplexed some experts, and even baffled a WHO spokesman, Gregory Hartl," who "earlier in the day ò€¦ had confirmed Argentina, with 137 swine flu deaths since June, had surpassed Mexico, where the epidemic began in February, as the country with second largest number of swine flu deaths." While the last WHO updated indicated nearly 95,000 people worldwide had been infected with H1N1, "[m]any epidemiologists have pointed out that, in reality, millions of people have had swine flu, usually in a mild form, so the numbers of laboratory-confirmed cases were actually meaningless" while tests "overwhelmed national laboratories," according to the New York Times (McNeil, 7/16).
Diagnostics

Babies With Mild Facial Paralysis From Forceps Typically Do Not Need Treatment

Mild facial nerve paralysis caused by the use of forceps during birth generally resolves on its own and does not require treatment, according to a report in the July issue of Archives of Otolaryngology-Head & Neck Surgery, one of the JAMA/Archives journals. Facial nerve palsy (inability to move some facial muscles) occurs in approximately 0.8 to 7.5 of 1,000 births overall and 8.8 of every 1,000 births in which forceps are used, according to background information in the article. "Previous observations indicate that while most cases of facial nerve palsy caused by birth trauma implicate the use of forceps, up to 33 percent occur in spontaneous vaginal delivery without instrumentation," the authors write. The injury is caused when the forceps blade or a bone in the mothers" pelvis puts pressure on the baby"s head in the area of the facial nerve. Melanie Duval, M.D., of McGill University, Montreal, Quebec, Canada, and Sam J. Daniel, M.D., M.Sc., F.R.C.S.C., of McGill University and Montreal Children"s Hospital, reviewed the medical records of 28 babies with facial nerve palsy caused by forceps use between 1989 and 2005. In all 28 cases, the palsy was classified as mild to moderate. "Except in one neonate, no treatment was initiated in any of the patients," the authors write; one child received a 14-day course of oral prednisone, a corticosteroid. "All 21 neonates with adequate long-term follow-up recovered fully after an average period of 24 days." "There is discrepancy in the literature on the investigations and/or treatment options to be undertaken in facial palsy owing to birth trauma," the authors conclude. Some authors recommend surgery to explore the nerve, whereas most consider observation to be sufficient in uncomplicated cases. The current results add to evidence that the recovery rate is high without treatment. "This confirms that corticosteroid treatment or surgery should be withheld in neonates presenting with uncomplicated facial nerve palsy resulting from forceps trauma." Arch Otolaryngol Head Neck Surg. 2009;135[7]:634-636. Archives of Otolaryngology-Head & Neck Surgery


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