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SCOTUS Ruling Reversing Decision From Sotomayor's Court Not Expected To Affect Nomination
The Supreme Court"s 5-4 reversal of a decision endorsed by a three-judge appellate panel that included Supreme Court nominee Sonia Sotomayor is attracting criticism from the judge"s conservative opponents but is not expected to have a significant effect on delaying her confirmation, the Washington Post reports. The appellate panel in 2008 upheld New Haven, Conn."s decision to discard a promotion test for firefighters after no blacks and only two Hispanics qualified for advancement after taking the test (Markon/Kane, Washington Post, 6/30). The panel"s ruling affirmed a lower court"s decision that the city had a right to discard the test based on a segment of civil rights law involving actions that have a "disparate impact" on minorities. A group of white and Hispanic firefighters who would have received promotions under the test sued, alleging reverse discrimination. Democrats and legal analysts said that Sotomayor was following legal precedent in the 2008 ruling and that it was the Supreme Court, which has the ability to exercise more discretion, that chose to make law by reversing the decision (Friedman, CongressDaily, 6/29). The Supreme Court typically reverses about 75% of the cases it reviews, according to legal experts. The court previously has reversed four of Sotomayor"s rulings and upheld three of her decisions, the Post reports. Tom Goldstein, a lawyer and founder of the SCOTUSblog Web site, said, "I don"t think it will persuade anybody who is inclined one way or another to change their views about Sotomayor" (Washington Post, 6/30). Sen. Charles Schumer (D-N.Y.), a member of the Senate Judiciary Committee, said, "The main charge against Sotomayor is that she will be an activist judge, but this decision clearly shows that she won"t." He said that the results of the case "won"t change things a wit," adding that "in fact, it bolsters (the claim) that she is mainstream" (CongressDaily, 6/29). Sen. Jeff Sessions (R-Ala.), the ranking Republican on the Senate Judiciary Committee, said the New Haven case "sharpens our focus on [Sotomayor"s] troubling speeches and writings" that "indicate ... that personal experiences and political views should influence a judge"s decisions." He added that the issue "will clearly be the subject of questioning" at Sotomayor"s confirmation hearing, which is scheduled to begin on Monday (Phillips, "The Caucus," New York Times, 6/29).
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Social Entrepreneurship At University Of Queensland Business School
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Two Physicians Treat Most Residents With HIV In Southeastern Wyoming
The Casper Star-Tribune profiled Carol Fischer and Mark Dowell, the only two physicians in southeastern Wyoming that treat large numbers of people with HIV. There are more than 100 people in Wyoming living with HIV, according to the state Department of Health, and Fischer and Dowell treat most of them, the Star-Tribune reports. Fischer has been deemed the "de facto AIDS doctor" in the area as she received no formal training on HIV, but Dowell is an expert on the disease who became the state"s first full-time infectious disease specialist (Miller, Casper Star-Tribune, 6/7).
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ACOG Issues New Guidelines On Fetal Monitoring To Resolve Inconsistencies In Interpretation

The American College of Obstetrics and Gynecology recently published new guidelines on electronic fetal monitoring in an attempt to increase consistency in the way physicians interpret and act on the results, the New York Times reports. Electronic fetal monitoring, which was introduced in the 1970s, is used during labor for more than 85% of the four million infants born alive in the U.S. annually, the Times reports. According to the Times, use of fetal monitors became standard obstetrical practice before it was known if the benefits outweighed the risks. The new guidelines refine the meaning of various readings from fetal monitors and could help doctors make better decisions about whether to intervene during labor.According to experts, the widespread adoption of fetal monitoring has produced both negative and positive consequences, including significant increases in caesarean deliveries and the use of forceps during vaginal deliveries. Monitoring has not been found to reduce the risk of either cerebral palsy or fetal death resulting from inadequate oxygen to the fetal brain, as it was intended to do. Furthermore, lawyers commonly use monitoring results to support malpractice cases that might have little merit, which in turn has driven rising malpractice insurance costs and prompted some obstetricians to stop delivering infants.The new guidelines divide monitor readings into three categories to help doctors interpret readings more consistently. The old guidelines had two categories -- reassuring and non-reassuring -- and it was up to the obstetrician to determine whether a non-reassuring reading required intervention. Under the new guidelines, the first category applies when tracings of the fetal heart rate are normal and no specific action is required. The second category is for indeterminate tracings that require evaluation, continuous surveillance and re-evaluation. Obstetricians treating patients in this category should consider other clinical factors that could affect the fetus and whether the patient could be safely moved to category one, according to Catherine Spong of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, which produced recommendations on which the guidelines are based. The final category is for abnormal tracings that require immediate evaluation and efforts to reverse the abnormal heart rate. The Times reports that more refinements to the guidelines are expected to be released in 2010 (Brody, New York Times, 7/7). Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women"s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women"s Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company. © 2009 The Advisory Board Company. All rights reserved.


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