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Sens. Continue To Press Sotomayor On Abortion Rights On Third Day Of Confirmation Hearings
In her third day of confirmation hearings before the Senate Judiciary Committee, Supreme Court nominee Sonia Sotomayor deflected lawmakers" attempts to elicit specific answers on how she would rule on abortion-rights cases and other contentious issues, the Washington Post reports (Goldstein et al., Washington Post, 7/16). As she entered what likely will be the final day of testimony on Thursday, Sotomayor"s confirmation "seemed on track," and Republicans appeared to be "conceding that they had not built the momentum necessary to derail the nomination," according to the New York Times, (Stolberg/Lewis, New York Times, 7/16). Cornyn Questions Abortion-Rights ViewsSen. John Cornyn (R-Texas) asked Sotomayor whether reports that Obama administration officials had sought to elicit her views on abortion were accurate. She responded that she "was asked no question by anyone including the president about my views on any specific legal issue" (Espo/Sherman, AP/Houston Chronicle, 7/15). Cornyn cited comments from George Pavia -- the senior partner at the New York law firm where Sotomayor previously worked -- who stated that he could "guarantee" that she would "be for abortion rights." Sotomayor said, "I have no idea why he"s drawing that conclusion," adding, "If he was talking about the fact that I served on a particular board that promoted equal opportunity for people, the Puerto Rican Legal Defense and Education Fund, then you could talk about that being a liberal instinct, in the sense that I promote equal opportunity in America and the attempts to ensure that." She continued, "But he has not read my jurisprudence for 17 years, I can assure you. He"s a corporate litigator. And my experience with corporate litigators is that they only look at the law when it affects the case before them" (Washington Post, 7/16). Sotomayor added that she "know[s] for a fact that I never spoke to [Pavia] on my views on abortion or my views on any social issue" (Bendavid, "Washington Wire," Wall Street Journal, 7/15). Sotomayor noted that she once ruled to uphold the "global gag rule," also known as the "Mexico City" policy, which barred federal funding of international family planning groups that provide abortion information or services (New York Times, 7/16).Coburn Presses on Hypothetical CasesDuring his questioning, Sen. Tom Coburn (R-Okla.) asked Sotomayor about hypothetical cases related to abortion-rights issues, including if it would be legal if a woman sought an abortion at 38 weeks" gestation if the fetus had spina bifida. Sotomayor said, "I can"t answer that question in the abstract, because I would have to look at what the state of the state"s law was on that question and what the state said with respect to that issue." She continued, "The question is, is the state regulation regulating what a woman does an undue burden? And so I can"t answer your hypothetical, because I can"t look at it as an abstract without knowing what state laws exist on this issue or not. And even if I knew that, I probably couldn"t opine, because I"m sure that situation might well arise before the court" (Holman, "NewsHour with Jim Lehrer," PBS, 7/15). Sotomayor also said that the Supreme Court"s 1992 ruling in Planned Parenthood v. Casey "reaffirmed the core holding of Roe v. Wade that a woman has a constitutional right to terminate her pregnancy in certain cases" (Hirschfeld Davis, AP/Boston Globe, 7/16). She added that the ruling said the court should consider whether any state regulation "has an undue burden on the woman"s constitutional right" (Sherman, AP/Sacramento Bee, 7/15). Coburn also asked whether medical advancements that help premature infants survive might "have any bearing on how we look at" Roe (Savage/Oliphant, Chicago Tribune, 7/16). She said, "I can"t answer that in the abstract," adding, "The question as it would come before me wouldn"t be in the way that you form it as a citizen, it would come to me as a judge" (AP/Houston Chronicle, 7/15).Specter Seeks Clarification on RoeDuring question
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Obama Urges Swift Confirmation Of Sotomayor; GOP Mulls Opposition Strategy
President Obama on Tuesday in his official announcement of his nomination of Judge Sonia Sotomayor of the Second Circuit Court of Appeals to the Supreme Court emphasized what he called her "extraordinary journey" from a modest background to the top of the judiciary, launching a "confirmation battle that he hopes to wage over biography more than ideology," the New York Times reports. If confirmed, Sotomayor would be the first Hispanic and the third woman to serve on the court, as well as the sixth of the court"s current members with a Roman Catholic background, the Times reports (Baker/Zeleny, New York Times, 5/27). Sotomayor would replace retiring Justice David Souter, who typically is a liberal vote on social issues, the Wall Street Journal reports. Therefore, the addition of Sotomayor would not likely change the ideological balance of the court (Bravin/Koppel, Wall Street Journal, 5/27). The Washington Post reports Obama in his remarks cast Sotomayor "as the embodiment of the qualities he seeks in a judge," including superior intelligence, an understanding of the limited role of the judiciary and what he called "an understanding of how the world works and how ordinary people live" (Barnes/Fletcher, Washington Post, 5/27). The president said he wants Sotomayor to be confirmed before the Senate leaves in August for its summer recess, so she can join the court in time for its September review of potential cases. White House Press Secretary Robert Gibbs said that the Senate has "ample time" to complete the confirmation process, as the average time span is 72 days and there are 74 until the recess (Koffler, Roll Call, 5/26). Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) praised Obama"s decision, calling Sotomayor"s record "exemplary" and her nomination "historic." Leahy noted that both former President George H.W. Bush and former President Clinton nominated Sotomayor to federal judgeships, adding, "She has been nominated by both Democratic and Republican presidents, and she was twice confirmed by the Senate with strong, bipartisan support" (Stanton, Roll Call, 5/26).Rulings on Abortion Rights Throughout her career as a federal judge, Sotomayor has not issued what are considered major decisions regarding abortion rights, although her record on cases involving civil and social rights issues appear "more liberal than not," according to the New York Times (Liptak, New York Times, 5/27). Politico reports that Sotomayor has ruled in favor of antiabortion-rights groups in two cases. The first case occurred in 2002 when she sided with the Bush administration in its efforts to implement the "global gag rule," which banned federal funding for international family planning groups that offer abortion services or information with their own funds. Sotomayor ruled that the government had the right to decide how to spend its funding. In 2004, Sotomayor ruled in favor of antiabortion-rights protesters who alleged that they were brutalized while being arrested in West Hartford, Conn. (Gerstein/Javers, Politico, 5/26). Gibbs said that Obama did not ask Sotomayor about issues related to abortion during her vetting and there was "no litmus test" on abortion-rights issues (Koffler, Roll Call, 5/26).Obama"s announcement was well-received by many groups that support abortion rights. NARAL Pro-Choice America President Nancy Keenan said the group is anticipating more information about Sotomayor"s views on abortion rights and the right to privacy. She added that the group is "encouraged by the strong support she receives from her peers and other legal scholars and the fact that the Senate has twice confirmed her for federal judgeships" (Posner, Congress Daily, 5/26). Kim Gandy, president of the National Organization of Women, said that Sotomayor "brings a lifelong commitment to equality, justice and opportunity, as well as the respect of her peers, unassailable integrity and a keen intellect informed by experience." Gandy added that Obama "said he wanted a justice with "towering intellect" and a "common to
News of the day
Study Shows Teen Contraception Use Declining, Level Of Sexual Activity Unchanged
After years of declining teenage pregnancy rates and improved teen contraception use during the 1990s and early 2000s, the trends appeared to have flattened or even reversed among some groups of teens in recent years, according to a study from Columbia University"s Mailman School of Public Health and the Guttmacher Institute, the Christian Science Monitor reports. Researchers found that from 2003 to 2007, teens" contraceptive use declined by 10%, while their level of sexual activity did not change. The decrease in contraceptive use was particularly prevalent among black teens. The figures take into account the rate of contraception use as well as the types of contraceptives used, as methods vary in effectiveness. Teen condom use leveled off and in some cases declined, according to the study. The study also reported that the teen birth rate increased by 5% from 2005 to 2007. According to the study"s authors, the findings suggest a link between declining teen contraception use and the rise in abstinence-only education during former President George W. Bush"s administration. President Obama"s fiscal year 2010 budget proposal calls for redirecting some abstinence-only funds toward increased comprehensive sex education, the Monitor reports. In addition to the effects of abstinence-only sex education, the decline in condom use also could be tied to lessening concern about sexually transmitted infections, including HIV/AIDS. A shift in the teen population to include a higher number of Hispanics -- who have the highest rates of teen pregnancy and birth -- also could contribute to the findings. Laura Lindberg, one of the study"s authors and a senior research associate at Guttmacher, said, "In the end, this story is really about the loss of momentum." She added that although the statistical changes are small, "they raise concern about what the next few years will bring in this country." Sarah Brown, director of the National Campaign To Prevent Teen and Unplanned Pregnancy, noted that the proportion of births to unmarried women, particularly among women ages 20 to 24, also is on the upswing (Feldmann, Christian Science Monitor, 6/18).
Diagnostics

AICR Statement: Hot Dogs And Cancer Risk

The American Institute for Cancer Research (AICR) and our landmark 2007 AICR/WCRF expert report, Food, Nutrition, Physical Activity and the Prevention of Cancer: a Global Perspective, have been drawn into a controversy over the link between processed meat and cancer risk. A class-action consumer-fraud lawsuit was filed on July 22 against various manufacturers of hot dogs for failing to warn consumers that consumption of hot dogs increases cancer risk. The lawsuit cites evidence from our expert report showing that processed meat consumption is associated with an increased risk of colon cancer. What You Should Know: - Based on the conclusions of our 2007 expert report, AICR recommends limiting consumption of red meat to 18 ounces (cooked) per week, and avoiding processed meat. This is just one of the 10 AICR recommendations for cancer prevention. - AICR does not take a position on the need for warning labels on hot dogs. - AICR is an independent, research-based organization. We fund research on diet and cancer at laboratories, clinics and cancer centers across the country. We also periodically collect and interpret the available data on diet and cancer and issue recommendations for cancer prevention. - AICR is not associated with the Cancer Project, the Physicians Committee for Responsible Medicine or any other advocacy organization. - Our 2007 expert report compiled and analyzed over 7000 studies on all aspects of diet, physical activity, body weight and cancer. - The AICR/WCRF expert panel weighed the evidence on all potential associations and concluded that the link between diets high in red and processed meat and colorectal cancer is convincing. - On the subject of processed meat (hot dogs, cold cuts, ham, etc.) and colon cancer, the collected evidence indicates that every 50 gram serving of processed meat (roughly equivalent to 1 hot dog) eaten per day increases colorectal cancer risk by 21 percent. (Note: this means that people who eat a hot dog every day have a 21 percent higher risk of colorectal cancer than if they never eat hot dogs.) - A 21 percent higher risk is significant and cause for concern; that is why our recommendation is to avoid processed meat. - But, to put that increased risk in context: A regular smoker has a risk of lung cancer that is between 10 and 20 times that of a nonsmoker. In contrast, a person who eats one hot dog every day has a 21 percent higher risk of colorectal cancer - not even two times the risk of someone who never eats hot dogs. - In our literature, AICR does not call on individuals to ban all processed meat from the diet completely. But the evidence does indicate that it makes sense to avoid processed meat when possible. - The AICR/WCRF expert report is a living document. We are continually updating the report"s database with new evidence from emerging studies. An expert panel periodically reviews these new data and determines whether any of AICR"s 10 recommendations need to be changed. - We anticipate that the review of all relevant evidence on colorectal cancer that has appeared since the expert report"s 2007 publication will be completed by the end of this year. At that time, the expert panel will determine whether the recommendation on red and processed meet needs to be changed. - Representatives of the meat industry have attacked our recommendation, citing their own privately commissioned, unpublished meta-analysis. We have reviewed and responded to these criticisms elsewhere. The expert panel stands by its judgment of the evidence, and AICR stands by the report"s transparent, peer-reviewed, comprehensive methodology. The take home message: More people need to know about the healthy everyday choices that can lower risk for cancer. About 1/3 of the most common cancers could be avoided simply by eating a healthy diet, moving more and staying lean. We at AICR work every day to help people make healthy choices; we are committed to changing lives to save lives. American Institute for Cancer Research


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