What does the WH's brief for Supreme Court mean for same-sex marriage?

(CBS News) WASHINGTON - At his news conference Friday, President Obama was asked about his decision to get involved in the battle over same-sex marriage in California's ban on same-sex marriage. Late Thursday, the administration filed a brief with the Supreme Court, saying that California's ban on gays and lesbians marrying violates their constitutional rights.

"If the Supreme Court asks me or my attorney general or solicitor general, 'Do we think that meets constitutional muster?' -- I felt it was important for us to answer that question honestly. And the answer is no," said the president

CBS News chief legal correspondent Jan Crawford spoke with "Evening News" anchor Scott Pelley about the brief and its potential impact. A transcript of the conversation follows.

Obama: If I were on Supreme Court, I'd defend same-sex marriage
Obama administration urges Supreme Court to overturn Calif. same-sex marriage ban
Clint Eastwood signs pro-gay marriage brief

Scott Pelley: Jan, the court will hear arguments later this month that will impact all of this. I wonder what the president's comments today have to do with the case?

Jan Crawford: Well Scott, as the president said today,"I'm not a judge, I'm the president." His views carry no binding authority in the Supreme Court. Just because the administration is making this argument doesn't mean the court has to go along with it. The federal government is not directly involved in this case -- it's a challenge by same-sex couples in California to a California constitutional amendment that bans gay marriage. The administration chose to get involved to make a strong statement on gay rights that are reflected in his comments today. The brief in fact is more important politically and symbolically than legally.

Pelley: The case is centered on California. Could it have wider-ranging implications?

Crawford: Yes, it certainly could . Even though this case comes from California, it could have an enormous impact across the country. California is one of 30 states that has a constitutional amendment banning gay marriage. The decision could affect all of those laws -- that's more than half the states in this country. And if the Supreme Court agrees with the president -- that amendments like California's are unconstitutional -- many or all of those laws banning gay marriage could be in jeopardy.

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Sequester Could Cut Blue Angels, Medicare Payments


Mar 1, 2013 2:28pm


gty navy blue angels kb 130301 wblog Sequester at Home: Florida Could Lose Blue Angels Shows, Medicare Payments

(Image Credit: Justin Sullivan/Getty Images)


Starting today, The Note will track how automatic budget cuts associated with the so-called sequester are hurting Americans at home. This story of the effects on one community is part of that series.


If nothing is done to avert “sequester” cuts, air-show fans can wave bye-bye to the Blue Angels.


The Navy’s demonstration air team plans to cancel the 28 performances it has scheduled between April 1 and Sept. 30 if the cuts go into effect as planned at midnight tonight and revenue is not somehow supplemented.


Read more: Sequester to Cut $85 Billion from Federal Agencies


It’s just one of the many sacrifices the Defense Department plans to make if its budget suffers the across-the-board cuts prescribed in the sequestration bill signed into law in August 2011.


Florida State Sen. Don Gaetz, R-Niceville, said the cancelled shows would mean the loss of what he called his constituents’ “civic religion.”


“If someone you don’t know gets furloughed from a job at a military base, that’s something you read about in the newspaper. But if the Blue Angels are grounded, that’s a highly visible symbol of government dysfunction,” Gaetz said today.


A performance in Indiana slated for June has already been cut, thanks to the sequester, but that was the choice of the organizers, not the Navy, according to Blue Angels Public Affairs Officer Lt. Kathryn Kelly.


The next show on the chopping block would be the April 6-7 Airfest performance at MacDill Air Force Base in Tampa, Fla.


Terry Montrose, deputy chief of public affairs for Macdill Air Force Base, said if that performance is cancelled, the whole air show will be shut down, a true disappointment for the Tampa community.


“I’m sure it would be a big blow to [Tampa residents], because it’s one of the largest events in Tampa every year or every other year,” Montrose said.


Read More: What Is Sequestration?


Montrose said the base is “hoping for a Hail Mary” to save the show.


But Kelly of the Blue Angels said the squadron’s fate is not sealed just yet. If Congress passes a full budget, another continuing resolution or an increase to the Navy’s transfer authority, more shows could be restored.


Sen. Gaetz pointed out that losing the Blue Angels wouldn’t be the worst of the sequester’s effects in the Sunshine State.


“As important as they are and as symbolic as they are, [the Blue Angels] aren’t as important as making sure that someone in a nursing home gets care or someone in aerospace gets a paycheck,” he said. “But, obviously, sometimes it’s the symbols that resonate with people and bring the issue home.”


The tourism, higher education, civilian defense contractor and hospital industries in Florida would all take hits as the cuts filter down, according to Chris McCarty, director of the Bureau of Economic and Business Research at the University of Florida in Gainesville.


Read more: Government Shutdown Looks Unlikely


In 2011, 17.6 percent of Florida’s population was eligible for Medicare, 4.3 points higher than the national average. That means scaling back Medicare payments to hospitals will disproportionately affect the health care industry in that state, according to Gaetz.


“When Medicare catches a cold,” he said,  “Florida hospitals get pneumonia.”


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Initiatives outlined to make it easier for public to get legal help






SINGAPORE: The overarching theme of the Subordinate Courts Workplan seminar this year is to make it easier for the public to get legal help and information.

In his first workplan keynote address, Chief Justice Sundaresh Menon outlined a slew of initiatives to resolve informational inadequacy and litigation costs.

These include the Primary Justice Project to have a team of lawyers who will provide basic legal services to the public, coming up with guide books on motor vehicle accident scenarios, and simplifying the process for minor civil cases.

The initiatives point towards one thing - settling disputes out of court so as to save time and costs.

- CNA/ck



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Do Not Track privacy bill reintroduced in Senate



Senator Jay Rockefeller



A new bill intended to grant more privacy protections to Internet users was introduced today by U.S. Sen. Jay Rockefeller.

Dubbed "Do-Not-Track Online Act of 2013," the bill would make it law for all Web browsers, online companies, and app makers to give users a choice of opting out of being tracked online, according to The New York Times. Advertisers and data brokers commonly track users to collect information on sites visited, search queries, purchasing patterns, and more.

"The privacy of Americans is increasingly under assault as more and more of their daily lives are conducted online," Rockefeller told The New York Times.

The senator proposed a similar bill in 2011 but then dropped it after industry groups said they would voluntarily develop ways for users to opt out. However, the industry groups were unable to come to an agreement with consumer rights groups about how to create such mechanisms.

"Industry made a public pledge to develop do-not-track standards that will truly protect consumer privacy -- and it has failed to live up to that commitment," Rockefeller told the Times. "They have dragged their feet long enough."

According to The New York Times, these industry groups argue that tracking is necessary because it helps advertisers show users pertinent ads, which pay for the sites. Also, tracking is more or less anonymous -- since data trackers follow IP addresses rather than users directly; so, industry groups say, no significant information about users is revealed.

Several Web browsers and tech companies have already given users Do Not Track options. Google built Do Not Track support into its Chrome Web browser in February 2012; and Yahoo implemented a Do Not Track service across its entire global network last March. Mozilla, Microsoft, and AOL have also committed to working with Do Not Track technology.

However, without a law, browsers and companies aren't required to comply with user wishes to opt out. Therefore, Rockefeller has decided to push his new bill to Congress.

In addition to giving users an opt-out choice, the Do-Not-Track Online Act of 2013 would also allow the Federal Trade Commission to go after those companies that aren't complying with the law. The FTC would also be required to create the mechanisms that would let users say whether or not they want to be tracked.

Despite many attempts to introduce legislation, federal Internet privacy laws are scarce. The last major law to be passed that regulated online companies was 15 years ago with the Children's Online Privacy Protection Act.

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Manning pleads guilty in WikiLeaks case

(CBS News) WASHINGTON - In a surprise Thursday, Army Pfc. Bradley Manning pleaded guilty to ten criminal counts in the biggest leak of classified material in U.S. history. Manning sent files to the website Wikileaks. He still faces trial on more serious charges.

Along with the guilty pleas, Manning gave his first detailed explanation of why he did it.

Reading from a 35-page statement, the Army private said he wanted the world to know the truth about the wars in Iraq and Afghanistan.

Depressed and frustrated by the wars, he used his job as a low-ranking intelligence analyst in Baghdad to download onto a CD hundreds of thousands of classified documents -- pus a few videos, one of which depict a helicopter gunship attack that killed two journalists in Iraq, which he found "troubling" because it showed "delightful bloodlust."

Judge accepts Manning's guilty pleas in WikiLeaks case
Manning's sexual orientation discussed in court


Describing himself as a misfit in the military, Manning told the judge he first contacted The Washington Post but didn't think the reporter took him seriously; then called The New York Times' tip line but never heard back.

He was home on leave during a blizzard, which paralyzed Washington, and left him stranded at his aunt's house when he decided to send the material to WikiLeaks, the website which had a reputation for exposing secrets.

He included a brief note, ending with "Have a good day," and went back to Iraq with "a sense of relief" and "a clear conscience."

Despite pleading guilty to some of the charges, Manning still faces a court martial and possible life sentence for allegedly aiding the enemy.

Prosecution attorneys have said they intend to show that some of the leaked documents were found by Navy SEALs in their raid on Osama bin Laden's hideout. According to a military attorney, the prosecution does not have to prove Manning intended for the documents to end up in enemy hands -- only that he knew it might happen.

Manning testified that no one at WikiLeaks pressured him for more documents and that he knew what he did was wrong.

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Obama Admin to Court: End Calif. Gay Marriage Ban











In a historic argument for gay rights, President Barack Obama on Thursday urged the Supreme Court to overturn California's same-sex marriage ban and turn a skeptical eye on similar prohibitions across the country.



The Obama administration's friend-of-the-court brief marked the first time a U.S. president has urged the high court to expand the right of gays and lesbians to wed. The filing unequivocally calls on the justices to strike down California's Proposition 8 ballot measure, although it stops short of the soaring rhetoric on marriage equality Obama expressed in his inaugural address in January.






Justin Sullivan/Getty Images








California is one of eight states that give gay couples all the benefits of marriage through civil unions or domestic partnership but don't allow them to wed. The denial of marriage to same-sex couples, "particularly where California at the same time grants same-sex partners all the substantive rights of marriage, violates equal protection," the administration said.



The administration's position, if adopted by the court, would likely result in gay marriage becoming legal in the seven other states: Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island.



In the longer term, the administration urges the justices to subject laws that discriminate on sexual orientation to more rigorous review than usual, a standard that would imperil other state bans on same-sex marriage.



The brief marks the president's most expansive view of gay marriage and signals that he is moving away from his previous assertion that states should determine their own marriage laws. Obama, a former constitutional law professor, signed off on the administration's legal argument last week following lengthy discussions with Attorney General Eric Holder and Solicitor General Donald Verrilli.



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Pope legacy: Teacher who returned to church roots


VATICAN CITY (AP) — On Monday, April 4, 2005, a priest walked up to the Renaissance palazzo housing the Vatican's doctrine department and asked the doorman to call the official in charge: It was the first day of business after Pope John Paul II had died, and the cleric wanted to get back to work.


The office's No. 2, Archbishop Angelo Amato, answered the phone and was stunned. This was no ordinary priest. It was Cardinal Joseph Ratzinger, his boss, who under the Vatican's arcane rules had technically lost his job when John Paul died.


"It tells me of the great humility of the man, the great sense of duty, but also the great awareness that we are here to do a job," said Bishop Charles Scicluna, who worked with Ratzinger before he became Pope Benedict XVI, inside the Congregation for the Doctrine of the Faith.


In resigning, Scicluna said, Benedict is showing the same sense of humility, duty and service as he did after the Catholic Church lost its last pope.


"He has done his job."


___


When Benedict flies off into retirement by helicopter on Thursday, he will leave behind a church in crisis — one beset by sex scandal, internal divisions and dwindling numbers.


But the 85-year-old pope can count on a solid legacy: While his very resignation was his most significant act, Benedict — in a quieter way — also set the church back on a conservative, tradition-minded path.


He was guided by the firm conviction that many of the ills afflicting the church could be traced to a misreading of the reforms of the Second Vatican Council.


He insisted that the 1962-65 meetings that brought the church into the modern era were not a radical break from the past, as portrayed by many liberals, but rather a continuation of the best traditions of the 2,000-year-old church.


Benedict was the teacher pope, a theology professor who turned his Wednesday general audiences into master classes about the Catholic faith and the history, saints and sinners that contributed to it.


In his teachings, he sought to boil Christianity down to its essential core. He didn't produce volumes of encyclicals like his predecessor, just three: on charity, hope and love. (He penned a fourth, on faith, but retired before finishing it.)


Considered by many to be the greatest living theologian, he authored more than 65 books, stretching from the classic "Introduction to Christianity" in 1968 to the final installment of his triptych on "Jesus of Nazareth" last year — considered by some to be his most important contribution to the church. In between he produced the "Catechism of the Catholic Church" — essentially a how-to guide to being a Catholic.


Benedict spent the bulk of his early career in the classroom, as a student and then professor of dogma and fundamental theology at universities in Bonn, Muenster, Tuebingen and Regensburg, Germany.


"His classrooms were crowded," recalled the Rev. Joseph Fessio, a theology student of Ratzinger's at the University of Regensburg from 1972-74, and now the English-language publisher of his books.


"I don't recall him having notes," Fessio said. "He would stand at the front of the class, and he wasn't looking at you, not with eye contact, but he was looking over you, almost meditating."


It's a style that he's kept for 40 years.


"If you hear him give a sermon, he's speaking not from notes, but you can write it down and print it," Fessio said. "Every comma is there. Every pause."


___


Benedict never wanted to be pope and he didn't take easily to the rigors of the job. Elected April 19, 2005, after one of the shortest conclaves in history, Benedict was, at 78, the oldest pope elected in 275 years and the first German in nearly a millennium.


At first he was stiff.


Giovanni Maria Vian, editor of the Vatican newspaper L'Osservatore Romano, recalled that in the early days Benedict used to greet crowds with an awkward victory gesture "as if he were an athlete."


"At some point someone told him that wasn't a very papal gesture," Vian said. Benedict changed course, opting for an open-armed embrace or an almost effeminate twinkling of his fingers on an outstretched hand as a way of connecting with the crowd.


"No one is born a pope," Vian said. "You have to learn to be a pope."


And slowly Benedict learned.


Crowds accustomed to a quarter-century of superstar John Paul II, grew to embrace the soft-spoken, scholarly Benedict, who had an uncanny knack for being able to absorb different points of view and pull them together in a coherent whole.


He traveled, though less extensively than John Paul, and presided over Masses that were heavy on Latin, Gregorian chant and the silk brocaded vestments of his pre-Vatican II predecessors.


Benedict seemed genuinely surprised by the warm reception he received — as well as the harsh criticism when things went wrong, as they did when he lifted the excommunication of a bishop who turned out to be a Holocaust-denier.


For a theologian who for decades had worked toward reconciliation between Catholics and Jews, the outrage was fierce and painful.


Benedict was also burdened by what he called the "filth" of the church: the sins and crimes of its priests.


As prefect of the Congregation for the Doctrine of the Faith, Benedict saw first-hand the scope of sex abuse as early as the 1980s, when he tried unsuccessfully to persuade the Vatican legal department to let him remove abusive priests quickly.


But it was 2001 before he finally stepped in, ordering all abuse cases sent to his office for review.


"We used to discuss the cases on Fridays; he used to call it the Friday penance," recalled Scicluna, who was Ratzinger's sex crimes prosecutor from 2002-2012.


Still, to this day, Benedict hasn't sanctioned a single bishop for covering up abuse.


"Unfortunately, Pope Benedict's legacy in the abuse crisis is one of mistaken emphases, missed opportunities, and gestures at the margin, rather than changes at the center," said Terrence McKiernan of BishopAccountability.org, an online resource of abuse documentation.


He praised Benedict for meeting with victims, and acknowledged the strides the Vatican made under his leadership. But, he said Benedict ignored the problem for too long, "prioritizing concerns about dissent over the massive evidence of abuse that was pouring into his office."


"He acted as no other pope has done when pressed or forced, but his papacy has been reactive on this central issue," McKiernan said in an email.


Benedict also gets poor grades from liberal Catholics, who felt abandoned by a pope who seemed to roll back the clock on the modernizing reforms of Vatican II and launched a crackdown on Vatican nuns, deemed to have strayed too far from his doctrinal orthodoxy.


Some priests are now living in open rebellion with church teaching, calling for a rethink on everything from homosexuality to women's ordination to priestly celibacy.


"As Roman Catholics worldwide prepare for the conclave, we are reminded that the current system remains an 'old boys club' and does not allow for women's voices to participate in the decision of the next leader of our church," said Erin Saiz Hanna, head of the Women's Ordination Conference, a group that ordains women in defiance of church teaching.


The group plans to raise pink smoke during the conclave "as a prayerful reminder of the voices of the church that go unheard."


___


But Benedict won't be around at the Vatican to see it. His work is done. "Mission Accomplished," Vian said.


And as the pope told 150,000 people in his final speech as pope: "To love the church is to have the courage to make difficult, painful choices, always keeping in mind the good of the church, not oneself."


___


Follow Nicole Winfield at www.twitter.com/nwinfield


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Asian markets rise on Wall St rally, ECB comments






HONG KONG: Asian markets rose Thursday after the Dow on Wall Street hit a more than five-year high, while the head of the European Central Bank soothed concerns over the eurozone.

A strong bond sale in Italy also helped the euro despite uncertainty after weekend polls, while the yen resumed its downward trend after Japan's government nominated a fan of aggressive easing as the new central bank governor.

Tokyo climbed 2.04 per cent as the yen sank on confirmation that Japan's government had put forward Haruhiko Kuroda to take over at the Bank of Japan.

Kuroda, the current Asian Development Bank chief, is known as an advocate of a looser monetary policy to overcome slow growth, in line with the views of Prime Minister Shinzo Abe.

The dollar bought 92.44 yen, compared with 92.16 yen in New York late Wednesday.

Hong Kong shares advanced 1.10 per cent, Sydney added 0.71 per cent, Seoul rose 1.02 per cent and Shanghai was up 0.39 per cent.

ECB President Mario Draghi said Wednesday the bank would preserve the integrity of the eurozone, reasserting its commitment to buy up bonds of under-pressure countries.

"We are committed to preserving the integrity of our currency, in the interests of all people of the euro area," he said.

The announcement, which came after US Federal Reserve Chairman Ben Bernanke said its own huge easing would stay in place, came as welcome relief to markets after Italy's poll deadlock raised fears of a return to Europe's debt crisis.

On forex markets the euro rebounded after being hammered in the wake of Sunday's inconclusive poll, which saw voters shun austerity policies and leave the country with a hung parliament.

The euro sat at $1.3150 and 121.56 yen in Tokyo, from $1.3136 and 121.07 yen -- and well up from the levels just above $1.30 and 119 yen seen earlier in the week.

The single currency was also given support from news that Rome had successfully sold 6.5 billion euros of treasury bonds, albeit at a higher price, providing evidence for now that it can borrow cash to pay its own bills.

On Wall Street the Dow ended at its highest level since October 2007 after reports showed US pending home sales rebounded sharply in January to the highest level in almost three years.

In other positive news, durable goods orders in January -- excluding volatile aircraft -- surged 1.9 per cent, with gains particularly strong in capital goods, suggesting business confidence in the economy in upcoming months.

The Dow jumped 1.26 per cent, while the S&P 500 rose 1.27 per cent and the Nasdaq added 1.04 per cent.

Oil prices rose, with New York's main contract, light sweet crude for delivery in April, gaining 34 cents to $93.10 a barrel and Brent North Sea crude for April delivery adding 35 cents to $112.22.

Gold was at $1,597.70 at 0220 GMT compared with $1,608.32 late Wednesday.

- AFP/ck



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Firefox and Tizen make a move for Android



Likely by Samsung's design, the Tizen OS looks reminiscent of Android.



(Credit:
CBS Interactive)


Alongside a myriad of new tablets and phones, Mobile World Congress 2013 also gave us our first real look at Mozilla's Firefox OS and the Samsung and Intel collaboration, Tizen OS.


While
Android might dominate the smartphone landscape today, it's only five years old. I can recall plenty of headlines in 2007 and 2008 that doubted whether there was room for yet another player in the space. At that time, RIM was a powerhouse, the iPhone was brand new, Palm's WebOS was in development, and Microsoft's Windows Mobile was slipping into obscurity.


My, how things have changed. Now the question is, it can happen again? Will
Firefox OS or Tizen OS impact Android or the smartphone landscape?




Cutting a piece of the smartphone pie
I predict that both will find success in developing markets and could even prove to be a bee in the Microsoft Windows Phone 8 bonnet. In fact, the definition of success could be interpreted differently for those involved. With smartphone activations rising all the time, even a small piece of the pie might be considered tasty.


I'm not entirely sure how Mozilla plans to monetize its open-source platform; Mozilla doesn't have search and mobile advertising to fall back on. Nevertheless, there are at least 18 handset makers and carriers who have pledged support for it. Really, who could fault any company for at least sampling the new goods?


There are already four such phones on the way -- the Alcatel One Touch Fire, the ZTE Open, the Geeksphone Keon, and the Geeksphone Peak -- and, I suspect, a handful more before the year is out. As of now, these devices are nowhere near as powerful as today's typical Android but that may not matter to the average consumer. We shouldn't expect much Firefox OS in the United States, though it's possible the bigger players are taking a "wait and see" approach.


LG also did a bit of hedging this week when it added its name to Mozilla's list of partners. LG even gave WebOS a new lease on life when it announced a licensing deal for the nearly-dead platform. Currently offering a number of Google TV sets, it's unclear how WebOS fits into the big scheme of things. Though I guess that it can't hurt to try new things every once in a while.



Alcatel's Firefox OS phone





Even so, I get the feeling that for now LG's bread is buttered by Google and that Firefox OS may be employed on devices released in secondary markets. Based on its diverse Mobile World Congress announcements, LG has a lot of Android momentum right now so I don't expect the company to change things up too much.



Samsung plays the field

Samsung, for its part, seems to be doing a little bit of everything these days. It introduced the Galaxy Note 8 in Barcelona, but it saved the reveal of the Galaxy S4 for an exclusive event on March 14. And though the company told CNET that it would pass on Firefox, it also said that it would be the first manufacturer to sell a Tizen phone come July. What about Bada, you ask? Well, a Korean news outlet said that Sammy would fold its own Bada OS into Tizen.


The first images of Tizen OS are reminiscent of Android, most likely due to Samsung. In fact, it wouldn't surprise me if future Galaxy experiences looked less like Android and more like Samsung. Should Samsung find success with the platform it may be possible to peel off a few Android users who have grown to use services such as Media Hub. In the big scheme of things, I imagine Samsung will create its own experience that looks the same on Android and Tizen.


It's too early in the game to forecast whether Tizen will impact its Android efforts, but whether Tizen makes it to the United States will make a big difference. While the platform has already drawn support from carriers around the globe, only Sprint has expressed interest for the U.S. market. And carriers aside, I'm more anxious to see which OEMs consider Tizen. It's hard to imagine a company like HTC, LG, or Sony, willing to use a platform created by a competitor.



Tizen OS gets early walkthrough in hands-on video




What's more, Samsung's new Knox is another signal that much attention is being paid to a broader consumer experience. Its bring-your-own-device (BYOD) solution would work well anyone who wants to want to use the same phone for work and personal use. Available for Android today, the feature might be available with other OSes like Tizen down the road. If that happens, Samsung would no doubt continue as one of Google's strongest Android partners, but the two companies may dance a little less frequently.



What's next?

Looking ahead, we may be in for more land grabs as hardware makers acquire software companies. We've seen this over the last few years with Apple, HTC, Samsung, and others. We've also seen jockeying from Amazon, Google, and other companies who scoop up services and apps. While some of these moves happen quietly and without much consequence, others are more overt and telling. One thing seems certain: nobody feels safe in this space. Rather, no one should feel safe.


In the short term, Firefox OS and Tizen will build a bit of steam; however, don't look for either to overtake RIM (especially following the launch of BlackBerry 10) or Windows Phone soon. And don't event think about a threat to iOS or Android. But then again, the growth of smartphone use in emerging markets is creating more competition. Android, after all, certainly surpassed the expectations of its early naysayers.


I am only too pleased that both of these new platforms are open-source as that should lead to more innovation. Here's to hoping that Android and iOS get some stiff competition in the future. Who doesn't want a less expensive smartphone that does incredibly cool stuff?


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Supreme Court divided on Voting Rights Act

(CBS News) WASHINGTON -- The Voting Rights Act has been the law of the land for nearly half a century, helping to ensure that minorities are not denied the right to vote. On Wednesday, Shelby County, Ala., challenged the law at the Supreme Court.

The arguments sharply divided the justices: The court's conservative majority appeared poised to strike down at least part of the act and eliminate the current federal oversight of voting in the South.

At issue is a decades-old provision in the law that requires nine states, mostly in the South, to get approval from the federal government before changing voting laws or procedures.

Justice Antonin Scalia called it a "racial entitlement."

Chief Justice John Roberts asked if the government believed "the citizens in the South are more racist than citizens in the North." Roberts said current data on voter turnout revealed more problems in Massachusetts than in Mississippi.

Congress did not rely on current data when, in 2006, it reauthorized the Voting Rights Act. It continued to rely on rates of minority voter registration and turnout in the elections of 1964, 1968 and 1972.

Will the Voting Rights Act survive the Supreme Court?
Proposed changes to Voting Rights Act stir controversy in Alabama

Alabama attorney Frank Ellis said Congress should look at the modern-day South.


Frank Ellis

Frank Ellis


/

CBS News

"We ask for some recognition that we and these other converted jurisdictions have made great strides over the last 48 years," Ellis said.

The liberal justices strongly defended the law, saying Congress had thousands of pages of evidence documenting discrimination.

"Discrimination is discrimination, and what Congress said is it continues," Justice Sonia Sotomayor said.

Justice Stephen Breyer said, "The disease is still there ... it's gotten a lot better, a lot better, but it's still there."


Debo Adegbile

Debo Adegbile


/

CBS News

That's why civil rights attorney Debo Adegbile said the provision is as necessary today as a generation ago.

"The problems are much more serious, much more repetitive, there is a much greater continuity in certain places than others," Adegbile said.

The liberal justices -- and the Obama administration -- say the court should defer to Congress, which they say is was better situated to make judgments about discrimination in voting. But based on the arguments today, it does appear a majority of the conservative judges are ready to tell Congress it's going to have to make some changes in that law.

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