Religious Groups and Employers Battle Contraception Mandate

Shawn Thew/European Pressphoto Agency

President Obama, with his health secretary, Kathleen Sebelius, offering a compromise on the contraception mandate last year.

In a flood of lawsuits, Roman Catholics, evangelicals and Mennonites are challenging a provision in the new health care law that requires employers to cover birth control in employee health plans — a high-stakes clash between religious freedom and health care access that appears headed to the Supreme Court.

In recent months, federal courts have seen dozens of lawsuits brought not only by religious institutions like Catholic dioceses but also by private employers ranging from a pizza mogul to produce transporters who say the government is forcing them to violate core tenets of their faith. Some have been turned away by judges convinced that access to contraception is a vital health need and a compelling state interest. Others have been told that their beliefs appear to outweigh any state interest and that they may hold off complying with the law until their cases have been judged. New suits are filed nearly weekly.

“This is highly likely to end up at the Supreme Court,” said Douglas Laycock, a law professor at the University of Virginia and one of the country’s top scholars on church-state conflicts. “There are so many cases, and we are already getting strong disagreements among the circuit courts.”

President Obama’s health care law, known as the Affordable Care Act, was the most fought-over piece of legislation in his first term and was the focus of a highly contentious Supreme Court decision last year that found it to be constitutional.

But a provision requiring the full coverage of contraception remains a matter of fierce controversy. The law says that companies must fully cover all “contraceptive methods and sterilization procedures” approved by the Food and Drug Administration, including “morning-after pills” and intrauterine devices whose effects some contend are akin to abortion.

As applied by the Health and Human Services Department, the law offers an exemption for “religious employers,” meaning those who meet a four-part test: that their purpose is to inculcate religious values, that they primarily employ and serve people who share their religious tenets, and that they are nonprofit groups under federal tax law.

But many institutions, including religious schools and colleges, do not meet those criteria because they employ and teach members of other religions and have a broader purpose than inculcating religious values.

“We represent a Catholic college founded by Benedictine monks,” said Kyle Duncan, general counsel of the Becket Fund for Religious Liberty, which has brought a number of the cases to court. “They don’t qualify as a house of worship and don’t turn away people in hiring or as students because they are not Catholic.”

In that case, involving Belmont Abbey College in North Carolina, a federal appeals court panel in Washington told the college last month that it could hold off on complying with the law while the federal government works on a promised exemption for religiously-affiliated institutions. The court told the government that it wanted an update by mid-February.

Defenders of the provision say employers may not be permitted to impose their views on employees, especially when something so central as health care is concerned.

“Ninety-nine percent of women use contraceptives at some time in their lives,” said Judy Waxman, a vice president of the National Women’s Law Center, which filed a brief supporting the government in one of the cases. “There is a strong and legitimate government interest because it affects the health of women and babies.”

She added, referring to the Centers for Disease Control and Prevention, “Contraception was declared by the C.D.C. to be one of the 10 greatest public health achievements of the 20th century.”

Officials at the Justice Department and the Health and Human Services Department declined to comment, saying the cases were pending.

A compromise for religious institutions may be worked out. The government hopes that by placing the burden on insurance companies rather than on the organizations, the objections will be overcome. Even more challenging cases involve private companies run by people who reject all or many forms of contraception.

The Alliance Defending Freedom — like Becket, a conservative group — has brought a case on behalf of Hercules Industries, a company in Denver that makes sheet metal products. It was granted an injunction by a judge in Colorado who said the religious values of the family owners were infringed by the law.

“Two-thirds of the cases have had injunctions against Obamacare, and most are headed to courts of appeals,” said Matt Bowman, senior legal counsel for the alliance. “It is clear that a substantial number of these cases will vindicate religious freedom over Obamacare. But it seems likely that the Supreme Court will ultimately resolve the dispute.”

The timing of these cases remains in flux. Half a dozen will probably be argued by this summer, perhaps in time for inclusion on the Supreme Court’s docket next term. So far, two- and three-judge panels on four federal appeals courts have weighed in, granting some injunctions while denying others.

One of the biggest cases involves Hobby Lobby, which started as a picture framing shop in an Oklahoma City garage with $600 and is now one of the country’s largest arts and crafts retailers, with more than 500 stores in 41 states.

David Green, the company’s founder, is an evangelical Christian who says he runs his company on biblical principles, including closing on Sunday so employees can be with their families, paying nearly double the minimum wage and providing employees with comprehensive health insurance.

Mr. Green does not object to covering contraception but considers morning-after pills to be abortion-inducing and therefore wrong.

“Our family is now being forced to choose between following the laws of the land that we love or maintaining the religious beliefs that have made our business successful and have supported our family and thousands of our employees and their families,” Mr. Green said in a statement. “We simply cannot abandon our religious beliefs to comply with this mandate.”

The United States Court of Appeals for the 10th Circuit last month turned down his family’s request for a preliminary injunction, but the company has found a legal way to delay compliance for some months.

Read More..

Riots Grip Egyptian City After Soccer Verdict

\n\n\n';
}
s += '\n\n\n';
}
document.write(s);
return;
}
google_ad_client = 'ca-nytimes_display_html';
google_ad_channel = 'test_22';
google_ad_output = 'js';
google_max_num_ads = '3';
google_ad_type = 'image,flash,html';
google_image_size = '336x280';
google_safe = 'high';
google_targeting = 'site_content';
if (window.nyt_google_contents) { google_contents = nyt_google_contents; }
else if (window.nyt_google_hints) { google_hints = nyt_google_hints; }
// -->

Read More..

E.U. Privacy Proposal Lays Bare Differences With U.S.

BERLIN — Europe’s push to extend consumer protection to the digital economy has become the target of what observers are calling an unprecedented lobbying assault in Brussels by Silicon Valley technology companies and the U.S. government.

All the major U.S. tech companies have directed their Brussels-based lobbyists to follow the proposals as they work their way through the European Parliament. Together, the new laws could give 500 million consumers the ability to block many forms of online Web tracking and targeted advertising.

But in an unusual display of direct diplomacy, the U.S. Commerce Department is also lobbying on behalf of the Obama administration, which is concerned that sweeping new privacy controls could hurt the U.S. tech industry in Europe.

So it was no surprise when three U.S.-based representatives of the American Civil Liberties Union, the Consumer Federation of America and the Friends of Privacy U.S.A, an offshoot of the London-based Privacy International, weighed in themselves during the past week with a different message: Europe needs to pass tough new restrictions to save the digital economy, not destroy it.

The proposal, made last February by Viviane Reding, the E.U. justice commissioner, has brought into the open how much Europe and the United States differ on privacy rights and their role in the digital economy.

Barry Steinhardt, the chairman of Friends of Privacy, founded just last year, called it a “titanic clash.”

“The rest of the world is looking to see who will prevail because the Asians, Latin Americans and Africans all need to do business with the U.S. and Europe,” Mr. Steinhardt said. “So this is extraordinarily important for Americans.”

Mr. Steinhardt, Susan Grant, the director of protection for the consumer federation, and Ben Wizner, a lawyer who focuses on speech, privacy and technology at the A.C.L.U., met with a handful of European members of Parliament. They included Jan Albrecht, a German lawmaker who is the prime sponsor of the proposal, and Sean Kelly, an Irish conservative who has sponsored amendments to allow global businesses to continue with unfettered data mining in Europe.

In interviews, the three said they had taken the unusual step of lobbying directly in Europe to counter the activities of American technology businesses and the U.S. Commerce Department, which has led an effort to weaken or remove provisions of the European legislation that would let people block or limit standard Web tracking.

“We are here to correct the record,” Mr. Wizner said. “Certainly the U.S. government has been making misleading statements about the state of electronic privacy law in the U.S., how consumer protections are as strong in the U.S. as in Europe. But that is simply not the case.”

Mr. Wizner said the United States had no equivalent to Europe’s general data protection law. U.S. law, he said, guarantees consumer privacy only in specific cases, like medical and financial records, but permits online companies to conduct unfettered data mining with only take-it-or-leave-it privacy controls.

Under the proposals, Web businesses would be unable to perform basic collecting and profiling of individual computer users unless they gave their explicit consent as part of policies that allow them to specify what kinds of information could be collected and for what purpose. Businesses would also have to permanently remove and delete personal information from users upon request, and national regulators would gain the ability to fine companies up to 2 percent of their annual sales for not complying.

The proposals are before the European Parliament and a council of 27 E.U. justice ministers, which are attempting to put together consensus positions. Parliament is expected to complete its draft by late April and would then enter negotiations with the justice ministers over the remainder of the year, with adoption expected in early 2014.

The outcome of the debate is critical to U.S. technology companies, which typically generate a third or more of their sales in the 27-nation European Union, often commanding greater, and more lucrative, market shares than in the United States.

Read More..

F.D.A. to Vote on Restricting Hydrocodone Products Like Vicodin

Trying to stem the scourge of prescription drug abuse in the United States, an advisory panel of experts to the Food and Drug Administration plans to vote Friday on whether to toughen restrictions on hydrocodone products like Vicodin, the most widely used narcotic painkillers in the country.

The recommendation, which the F.D.A. would likely follow, would limit access to the drugs by making them harder to prescribe, a major policy change that advocates said could help ease the growing problem of addiction to painkillers.

The change would have sweeping consequences for doctors, pharmacists and patients. Under the new rules, refills without a new prescription would be forbidden, as would faxed prescriptions and those called in by phone. Only written prescriptions from a doctor would be allowed and pharmacists and distributors would be required to store the drugs in special vaults. The vote comes after similar legislation in Congress failed last year, after intense lobbying by pharmacists and drugstores.

Prescription drugs account for about three-quarters of all drug overdoses in the United States, with the number of deaths more than tripling since 1999, according to federal data. Since 2008, deaths from overdoses have outpaced deaths from car accidents.

The F.D.A. convened the panel, made up of scientists and other experts, after a request by the Drug Enforcement Administration, which contends that the drugs are among the most frequently abused painkillers in the country.

“This is the federal government saying, ‘we need to tighten the reins on this drug,'” said Scott R. Drab, associate professor of pharmacy and therapeutics at the University of Pittsburgh. “Pulling in the rope is a way to rein in abuse, and consequently, addiction.”

At a two-day hearing at F.D.A. headquarters in Silver Spring, Md., many speakers opposed the change, including advocates for nursing home patients, who said older, frail residents needing pain medication would be required to make the arduous trip to a doctor’s office to continue using hydrocodone products. Other experts questioned how effective the change would be. Oxycodone, another highly abused painkiller, has been in the more restrictive category since it came on the market, but the limited access does not seem to have stemmed abuse, they said.

But others including parents who had lost their children to prescription drug abuse, as well as doctors and pharmacists, testified, sometimes emotionally. . Senator Joe Manchin, a Democrat of West Virginia, where the scourge has been particularly deadly, made an impassioned plea for tougher restrictions.

“When I go back to West Virginia, I hear how easy it is for anybody to get their hands on hydrocodone drugs,” Mr. Manchin said on Friday. “For underage children, these drugs are easier to get than beer or cigarettes.”

He added that the current, less restrictive status “is fueling the prescription drug epidemic today.”

Dr. James P. Rathmell, chief of the division of pain medicine at Massachusetts General Hospital, said hydrocodone products have similar biological effects as oxycodone products, and should unquestionably be in the same category of restrictiveness.

“Knowing what we know today, it was a mistake,” Dr. Rathmell said, referring to hydrocodone products being placed in the looser category when they came to market. “It should be corrected.”

Dr. Timothy Deer, chief doctor at the Center for Pain Relief in Charleston, W.Va., said that he feared for older patients, particularly in rural areas, who would have to drive great distances to get prescriptions renewed. But, he said, hydrocodone products have been by far the most widely prescribed painkiller because the restrictions were so loose. And on balance, particularly in a hard-hit state like his, the public health benefits of a recommendation to toughen restrictions on the drug probably outweigh the harm of additional burdens on legitimate pain patients.

“At the end of the day, the benefits of reducing abuse will outweigh the harm to legitimate pain patients,” he said. “This will likely reduce the amount of drug falling into the wrong hands.”

Read More..

F.D.A. to Vote on Restricting Hydrocodone Products Like Vicodin

Trying to stem the scourge of prescription drug abuse in the United States, an advisory panel of experts to the Food and Drug Administration plans to vote Friday on whether to toughen restrictions on hydrocodone products like Vicodin, the most widely used narcotic painkillers in the country.

The recommendation, which the F.D.A. would likely follow, would limit access to the drugs by making them harder to prescribe, a major policy change that advocates said could help ease the growing problem of addiction to painkillers.

The change would have sweeping consequences for doctors, pharmacists and patients. Under the new rules, refills without a new prescription would be forbidden, as would faxed prescriptions and those called in by phone. Only written prescriptions from a doctor would be allowed and pharmacists and distributors would be required to store the drugs in special vaults. The vote comes after similar legislation in Congress failed last year, after intense lobbying by pharmacists and drugstores.

Prescription drugs account for about three-quarters of all drug overdoses in the United States, with the number of deaths more than tripling since 1999, according to federal data. Since 2008, deaths from overdoses have outpaced deaths from car accidents.

The F.D.A. convened the panel, made up of scientists and other experts, after a request by the Drug Enforcement Administration, which contends that the drugs are among the most frequently abused painkillers in the country.

“This is the federal government saying, ‘we need to tighten the reins on this drug,'” said Scott R. Drab, associate professor of pharmacy and therapeutics at the University of Pittsburgh. “Pulling in the rope is a way to rein in abuse, and consequently, addiction.”

At a two-day hearing at F.D.A. headquarters in Silver Spring, Md., many speakers opposed the change, including advocates for nursing home patients, who said older, frail residents needing pain medication would be required to make the arduous trip to a doctor’s office to continue using hydrocodone products. Other experts questioned how effective the change would be. Oxycodone, another highly abused painkiller, has been in the more restrictive category since it came on the market, but the limited access does not seem to have stemmed abuse, they said.

But others including parents who had lost their children to prescription drug abuse, as well as doctors and pharmacists, testified, sometimes emotionally. . Senator Joe Manchin, a Democrat of West Virginia, where the scourge has been particularly deadly, made an impassioned plea for tougher restrictions.

“When I go back to West Virginia, I hear how easy it is for anybody to get their hands on hydrocodone drugs,” Mr. Manchin said on Friday. “For underage children, these drugs are easier to get than beer or cigarettes.”

He added that the current, less restrictive status “is fueling the prescription drug epidemic today.”

Dr. James P. Rathmell, chief of the division of pain medicine at Massachusetts General Hospital, said hydrocodone products have similar biological effects as oxycodone products, and should unquestionably be in the same category of restrictiveness.

“Knowing what we know today, it was a mistake,” Dr. Rathmell said, referring to hydrocodone products being placed in the looser category when they came to market. “It should be corrected.”

Dr. Timothy Deer, chief doctor at the Center for Pain Relief in Charleston, W.Va., said that he feared for older patients, particularly in rural areas, who would have to drive great distances to get prescriptions renewed. But, he said, hydrocodone products have been by far the most widely prescribed painkiller because the restrictions were so loose. And on balance, particularly in a hard-hit state like his, the public health benefits of a recommendation to toughen restrictions on the drug probably outweigh the harm of additional burdens on legitimate pain patients.

“At the end of the day, the benefits of reducing abuse will outweigh the harm to legitimate pain patients,” he said. “This will likely reduce the amount of drug falling into the wrong hands.”

Read More..

DealBook: Compuware Rejects Elliott's $2.3 Billion Bid

11:46 a.m. | Updated

Compuware said on Friday that its board had rejected a $2.3 billion takeover bid by Elliott Management, arguing that the hedge fund’s offer was too low.

Instead, the business software maker said that it was focused on its own corporate turnaround blueprint, including a three-year plan to cut costs and an effort to spin off its Covisint business communication products arm. It also unveiled plans to pay a 50-cent quarterly dividend, beginning next quarter.

Compuware said that Elliott’s offer of $11 a share, made last month, would not deliver enough value to shareholders, compared to the improvements that its self-help plan would yield.

“We believe that selling the company at $11.00 per share does not take into account our progress returning the business to profitable growth and our future prospects,” Bob Paul, the company’s chief executive, said in a statement.

The decision by Compuware sets up a potential clash with Elliott, which has managed to score some big wins in its battles with technology companies. It bid for Novell, leading the software maker to sell itself to Attachmate for $2.2 billion.

People close to Elliott have argued that the hedge fund was fully prepared to pay the $2.3 billion it had offered for Compuware. But the hedge fund also believed that private equity firms would also express interest.

Though shares in Compuware began rising after Elliott disclosed an 8 percent stake in the company in November, they have remained largely below the $11-a-share offer, implying investor skepticism about a deal being done. The stock closed on Thursday at $10.76.

Jesse Cohn, the Elliott portfolio manager overseeing the hedge fund’s bid, said in a statement: ““This is a good outcome. Compuware has granted our request for access to diligence to confirm an offer for the company. We will immediately reach out to negotiate an appropriate N.D.A. and look forward to moving quickly to engage in diligence with the help of our legal and financial advisors. We remain very interested in the company.”

Read More..

Chinese Officials Fired Over Chongqing Sex Scandal

BEIJING — The young women met the officials for illicit trysts with video cameras hidden in their purses. Every detail of the encounters was recorded. Then a group of men confronted the officials with the video recordings and made demands.

China’s state news media reported on Friday details of a sex extortion ring that brazenly operated “honey traps” in the southwest metropolis of Chongqing for several years. The widening scandal, which first emerged late last year, has led to the dismissals of at least 11 officials of the Communist Party, government or state-owned companies for having sex with women in the ring and then being blackmailed by the men who had set up the snares.

Xi Jinping, China’s new top leader, has vowed to root out official corruption and said this week that “flies,” or relatively low-level bureaucrats, as well as top officials he referred to as “tigers,” must be brought down.

The most famous victim of the sex ring scandal has been Lei Zhengfu, a frog-eyed, middle-aged district party chief who was secretly filmed having sex in a hotel room in 2008 with a young woman. In late November, the leaked video of Mr. Lei began circulating on the Internet and he became the poster boy for a series of low-level or midlevel officials who have been brought down by scandals, often sexual in nature, across the nation. Mr. Lei was removed from his job and placed under investigation soon after the video appeared online. Now, according to Xinhua, the state news agency, 10 other officials have been removed as well for falling prey to the sex ring. Five of them were executives in state-owned companies.

The sex scandal might have come out earlier but Bo Xilai, the Chongqing party chief at the time, and Wang Lijun, his police chief, buried the results of an investigation into the ring. Mr. Bo and Mr. Wang were both felled last year by the fallout from the murder of a British business executive arranged by Mr. Bo’s wife; Mr. Bo is expected to be tried soon on a wide range of criminal charges. While the two scandals are unrelated, the airing of the blackmail ring at this time could reflect a decision by the Chinese leadership to highlight other problems in Chongqing under Mr. Bo’s rule.

The ring’s mastermind was a man named Xiao Ye, according to a report by Southern Metropolis Daily on Wednesday that was cited by Xinhua in its Friday article. Three women were used as bait. The state media reports did not say exactly what the officials gave the men in return for keeping their involvement secret, but one report said that a company run by Mr. Xiao was involved in a real estate development project in the district governed by Mr. Lei.

Mr. Xiao gave the women a list of Chongqing officials whom the women were to contact, Xinhua reported. The women sent text messages to the officials. They would tell the officials they worked for a local real estate company and had met the official at a banquet.

“Hope we can stay in touch a lot,” they wrote. If the officials said they had no memory of the meeting, the women would invoke the name of a chief executive and pretend to be angry that the official had forgotten the woman already. If the official bit, the woman would continue flirting by text or transmit seductive photos of themselves, Xinhua said.

A woman would then meet with the official in an upscale hotel to have tea, coffee or a snack. The official would hand her gifts, such as jewelry. Eventually, when the two were ready to have sex, the woman would make sure to show up at the hotel room with a hidden camera. The official would rarely stay the entire night, but the video caught all the action.

This happened over and over until the video was clear enough, Xinhua reported. Then at a later tryst, several men in the ring would show up while the official and the woman were in the middle of having sex. One of the men would pretend to be the woman’s boyfriend and throw a fit. Behind him would be another man pretending to be a private detective. A third man would then show up and say he was a member of a gang.

They would beat up the official and show him the video. Mr. Xiao entered the scene afterward to work out an agreement with the official and assure him that the video would remain buried, as long as the demands were met.

Of the victims, Mr. Lei was the one who tried to fight back most vigorously, one report said. He assumed the video would eventually come out, and so he went to senior Chongqing officials to explain his plight. Wang Lijun, who was then the police chief of Chongqing, took charge of the case. By 2009, the investigation was done and Mr. Wang and Mr. Bo had the results. But they decided to quash the case or ignored it, and the officials who were found to have been victims of the ring were eventually promoted.

The Xinhua article on Friday said people have been especially surprised that one district party chief in particular, Peng Zhiyong, who holds a doctorate, fell victim to the honey trap.

“He was spoken highly of by the people and enjoyed a reputation for being talented, smart, eloquent and outstanding in all ways,” Xinhua said. In addition, the report said, he “was widely regarded as having enormous political potential.”

Amy Qin contributed research.

Read More..

DealBook: Choice for S.E.C. Is Ex-Prosecutor, in Signal to Wall St.

2:48 p.m. | Updated President Obama tapped Mary Jo White, a former United States attorney turned white-collar defense lawyer, to be the next chairwoman of the Securities and Exchange Commission.

Mr. Obama announced the nomination at the White House on Thursday afternoon. As part of the event, the White House also renominated Richard Cordray to lead the Consumer Financial Protection Bureau, a role he has held for the last year under a recess appointment.

In its choice of Ms. White and Mr. Cordray, the White House is sending a signal about the importance of holding Wall Street accountable for wrongdoing. Both picks are former prosecutors.

Regulatory chiefs are often market experts or academics. But Ms. White spent nearly a decade as United States attorney in New York, the first woman named to this post. Among her prominent cases, she oversaw the prosecution of the mafia boss John Gotti as well as the people responsible for the 1993 World Trade Center bombing. She is now working the other side, defending Wall Street firms and executives as a partner at Debevoise & Plimpton.

As the attorney general of Ohio, Mr. Cordray made a name for himself suing Wall Street companies in the wake of the financial crisis. He undertook a series of prominent lawsuits against big names in the finance world, including Bank of America and the American International Group.

The White House expects Ms. White, 65, and Mr. Cordray, 53, to draw on their prosecutorial backgrounds while carrying out a broad regulatory agenda under the Dodd-Frank Act. Congress enacted the law, which mandates a regulatory overhaul, in response to the 2008 financial crisis.

Jay Carney, the White House press secretary, said Ms. White has “an incredibly impressive resume” and that her appointment along with the renomination of Mr. Cordray sends an important signal.

“The president believes that appointment and the renomination he’s making today demonstrate the commitment he has to carrying out Wall Street reform, making sure we have the rules of the road that are necessary and that are being enforced in a way” to avoid a crisis like that of 2008, Mr. Carney said.

Another White House official added that Ms. White and Mr. Cordray will “serve in top enforcement roles” in part so that “Wall Street is held accountable and middle-class Americans never again are harmed by the abuses of a few.”

Ms. White will succeed Elisse B. Walter, a longtime S.E.C. official, who took over as chairwoman after Mary L. Schapiro stepped down as the agency’s leader in December. Mr. Cordray joined the consumer bureau in 2011 as its enforcement director.

The nominations could face a mixed reception in Congress. The Senate already declined to confirm Mr. Cordray, with Republicans vowing to block any candidate for the consumer bureau, a new agency created to rein in the financial industry’s excesses. It is unclear whether the White House and Mr. Cordray will face another standoff the second time around.

Mr. Carney argued that there were no substantive objections to Mr. Cordray’s confirmation, only political ones. “He is absolutely the right person for the job,” Mr. Carney said.

Ms. White is expected to receive broader support on Capitol Hill. Senator Charles E. Schumer, a New York Democrat, declared that Ms. White was a “tough-as-nails prosecutor” who “will not shy away from enforcing the laws to ensure that markets operate fairly.”

But she could face questions about her command of arcane financial minutiae. She was a director of the Nasdaq stock market, but has otherwise built her career on the law-and-order side of the securities industry.

People close to the S.E.C. note, however, that her husband, John W. White, is a veteran of the agency. From 2006 through 2008, he was head of the S.E.C.’s division of corporation finance, which oversees public companies’ disclosures and reporting.

Some Democrats also might question her path through the revolving door, in and out of government. While seen as a strong enforcer as a United States attorney, she went on in private practice to defend some of Wall Street’s biggest names, including Kenneth D. Lewis, a former head of Bank of America. She also represented JPMorgan Chase and the board of Morgan Stanley. Last year, the N.F.L. hired her to investigate allegations that the New Orleans Saints carried out a bounty system for hurting opponents.

Consumer advocates generally praised her appointment on Thursday. “Mary Jo White was a tough, smart, no-nonsense, broadly experienced and highly accomplished prosecutor,” said Dennis Kelleher, head of Better Markets, the nonprofit advocacy group. “She knew who the bad guys were, went after them and put them in prison when they broke the law.”

The appointment comes after the departure of Ms. Schapiro, who announced she would step down from the S.E.C. in late 2012. In a four-year tenure, she overhauled the agency after it was blamed for missing the warning signs of the crisis.

Since her exit, Washington and Wall Street have been abuzz with speculation about the next S.E.C. chief. President Obama quickly named Ms. Walter, then a Democratic commissioner at the agency, but her appointment was seen as a short-term solution. It is unclear if she will shift back to the commissioner role if Ms. White is confirmed.

In the wake of Ms. Schapiro’s exit, several other contenders surfaced, including Sallie L. Krawcheck, a longtime Wall Street executive. Richard G. Ketchum, chairman and chief executive of the Financial Industry Regulatory Authority, Wall Street’s internal policing organization, was also briefly mentioned as a long-shot contender.

Peter Baker and Kitty Bennett contributed reporting

Read More..

New Mutations Discovered in Melanomas

In a leap forward in understanding the basic science of one of the most lethal cancers, two groups of researchers have found mutations in most melanomas that are unlike any they have seen before in cancer. The changes are in regions that control genes, not in the genes themselves. The mutations are exactly the type caused by exposure to ultraviolet light, indicating they might be among the first DNA changes in a cell’s path to melanoma.

The discoveries, published online Thursday in two papers in the journal Science Express, do not immediately suggest new treatments or ways to prevent melanoma, researchers said. But the findings help explain how melanomas — and, possibly, other cancers — develop and what drives their growth, insights that may be critical to long-term efforts to develop ways to prevent or stop the cancer.

For years, cancer researchers have searched for mutations in genes, but this time, they looked for — and found — mutations in a region that regulates genes. They did it by examining the entire DNA of multiple tumors, studying not just genes but also what has been called the dark matter, the 99 percent of the DNA that includes regions that control genes.

“You could think of this as one glimmer in what has been called cancer’s dark matter,” said Dr. Levi A. Garraway of the Dana-Farber Cancer Institute and the Broad Institute of Harvard and M.I.T.

The complete DNA sequences of 70 malignant melanomas led to the new discovery. A small control region was mutated in 7 out of 10 of the tumors, and also, the investigators found, in liver and bladder cancers. The cancer cells had one of two tiny changes that together were more common than any mutation ever found in the genes of melanoma.

A team led by Rajiv Kumar of the German Cancer Research Center in Heidelberg and Dirk Schadendorf of the University of Essen looked for the mutations in a family whose members tended to get melanoma. Four relatives who developed melanoma had inherited one of them, while four who remained melanoma-free did not have it. They also found the mutation in a 36-year-old member of the family who had not developed melanoma but had had many moles, often a sign of risk in families prone to melanoma.

Their findings indicate that those who inherit the mutations might be born with cells that have taken a first step toward cancer.

The mutations spur cells to make an enzyme, telomerase, that keeps cells immortal by preventing them from gradually losing the ends of their chromosome, the telomeres. When telomeres erode, a cell dies. But the enzyme also has other, poorly understood functions that are thought to keep cancer cells alive, said Robert Weinberg, an M.I.T. researcher who studies telomerase and cancer and was not involved with the research. “The paradigm that it does nothing but extend telomeres is a gross oversimplification,” he said.

Abundant telomerase is so important to cancers that it occurs in 90 percent of them, said Immaculata De Vivo, a Harvard Medical School researcher who studies telomerase and cancer and directs a DNA sequencing program. She, too, was not involved with the research.

The results of the two studies presented in the papers “are like a court of law — it’s the preponderance of the evidence,” she said. “We all knew telomerase was important for cancer, but now we are finding the mechanisms, the machinery.”

Scientists were surprised that the mutations in the dark matter of melanoma tumors were so commonplace. Dr. Garraway and his colleagues had the entire DNA sequences for a collection of melanomas — genes as well as the rest of the DNA including areas that turn genes on and off.

“We said, ‘Let’s just take a look and see if there are any mutations in a regulatory region,” Dr. Garraway said.

At first, they looked at the DNA sequences of 19 tumors. They were amazed to find one or the other of the two mutations in 17 of them. So the researchers decided to look at 51 additional melanomas and a handful of bladder and liver cancers. The mutations popped up again.

“It was really quite striking,” Dr. Garraway said.

But it’s not clear how to reverse the mutations’ cancer-causing effects, Dr. Garraway said. And although people have long wanted to block telomerase production in cancer cells, they have not found a drug to do it.

Still, the findings are highly significant, experts said.

“We have always known that just looking at genes alone would provide a limited number of answers about why cancer develops,” said Elaine Mardis of Washington University, who was not involved with the research. “The brakes or the gas that control the genes that cause cancer are as important as gene mutations,” she said. The new papers, Dr. Mardis added, “show where additional answers may lie.”

Read More..

New Mutations Discovered in Melanomas

In a leap forward in understanding the basic science of one of the most lethal cancers, two groups of researchers have found mutations in most melanomas that are unlike any they have seen before in cancer. The changes are in regions that control genes, not in the genes themselves. The mutations are exactly the type caused by exposure to ultraviolet light, indicating they might be among the first DNA changes in a cell’s path to melanoma.

The discoveries, published online Thursday in two papers in the journal Science Express, do not immediately suggest new treatments or ways to prevent melanoma, researchers said. But the findings help explain how melanomas — and, possibly, other cancers — develop and what drives their growth, insights that may be critical to long-term efforts to develop ways to prevent or stop the cancer.

For years, cancer researchers have searched for mutations in genes, but this time, they looked for — and found — mutations in a region that regulates genes. They did it by examining the entire DNA of multiple tumors, studying not just genes but also what has been called the dark matter, the 99 percent of the DNA that includes regions that control genes.

“You could think of this as one glimmer in what has been called cancer’s dark matter,” said Dr. Levi A. Garraway of the Dana-Farber Cancer Institute and the Broad Institute of Harvard and M.I.T.

The complete DNA sequences of 70 malignant melanomas led to the new discovery. A small control region was mutated in 7 out of 10 of the tumors, and also, the investigators found, in liver and bladder cancers. The cancer cells had one of two tiny changes that together were more common than any mutation ever found in the genes of melanoma.

A team led by Rajiv Kumar of the German Cancer Research Center in Heidelberg and Dirk Schadendorf of the University of Essen looked for the mutations in a family whose members tended to get melanoma. Four relatives who developed melanoma had inherited one of them, while four who remained melanoma-free did not have it. They also found the mutation in a 36-year-old member of the family who had not developed melanoma but had had many moles, often a sign of risk in families prone to melanoma.

Their findings indicate that those who inherit the mutations might be born with cells that have taken a first step toward cancer.

The mutations spur cells to make an enzyme, telomerase, that keeps cells immortal by preventing them from gradually losing the ends of their chromosome, the telomeres. When telomeres erode, a cell dies. But the enzyme also has other, poorly understood functions that are thought to keep cancer cells alive, said Robert Weinberg, an M.I.T. researcher who studies telomerase and cancer and was not involved with the research. “The paradigm that it does nothing but extend telomeres is a gross oversimplification,” he said.

Abundant telomerase is so important to cancers that it occurs in 90 percent of them, said Immaculata De Vivo, a Harvard Medical School researcher who studies telomerase and cancer and directs a DNA sequencing program. She, too, was not involved with the research.

The results of the two studies presented in the papers “are like a court of law — it’s the preponderance of the evidence,” she said. “We all knew telomerase was important for cancer, but now we are finding the mechanisms, the machinery.”

Scientists were surprised that the mutations in the dark matter of melanoma tumors were so commonplace. Dr. Garraway and his colleagues had the entire DNA sequences for a collection of melanomas — genes as well as the rest of the DNA including areas that turn genes on and off.

“We said, ‘Let’s just take a look and see if there are any mutations in a regulatory region,” Dr. Garraway said.

At first, they looked at the DNA sequences of 19 tumors. They were amazed to find one or the other of the two mutations in 17 of them. So the researchers decided to look at 51 additional melanomas and a handful of bladder and liver cancers. The mutations popped up again.

“It was really quite striking,” Dr. Garraway said.

But it’s not clear how to reverse the mutations’ cancer-causing effects, Dr. Garraway said. And although people have long wanted to block telomerase production in cancer cells, they have not found a drug to do it.

Still, the findings are highly significant, experts said.

“We have always known that just looking at genes alone would provide a limited number of answers about why cancer develops,” said Elaine Mardis of Washington University, who was not involved with the research. “The brakes or the gas that control the genes that cause cancer are as important as gene mutations,” she said. The new papers, Dr. Mardis added, “show where additional answers may lie.”

Read More..