Stocks sink as S&P 500 eases from 5-year high

Stocks are closing lower on Wall Street, pulling the Standard & Poor's 500 index down from the five-year high it reached Friday.

The S&P 500 dropped four points end at 1,461 Monday. Stocks surged last week after lawmakers reached a last-minute budget deal.

The Dow Jones industrial average lost 50 points to close at 13,384, while the Nasdaq composite fell two points to 3,098.

Investors are shifting their focus to corporate profits. Aluminum producer Alcoa launches the reporting season for the fourth quarter of 2012 after the market closes on Tuesday.

Superstorm Sandy, the presidential election, and worries about the narrowly avoided “fiscal cliff” could make for some surprises.

Falling stocks outnumbered rising ones on the New York Stock Exchange. Volume was about average at 3.3 billion shares.

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Syria President Bashar Assad makes clear he won't step down

BEIRUT — Ignoring mounting casualties and dwindling support, Syrian President Bashar Assad made clear to the world Sunday in his first public address in half a year that he has no intention of relinquishing power and that he, not anyone else, would dictate the end for Syria's 21-month-old civil war.

Assad unveiled his own peace plan, with cosmetic similarities to a settlement proposal championed by internationally sponsored peace envoy Lakhdar Brahimi, but he declared he had no partner for negotiations in the Syrian opposition, whom he continued to brand as killers and terrorists.

Assad's dismissive attitude and strict terms for settlement offered little hope for a diplomatic breakthrough. It was a reminder of how intractable the conflict has become, with the U.N. estimating last week that more than 60,000 people had died.

Syria's cities are scenes of carnage, with rebels and government security forces battling across provinces and major cities from Aleppo to Idlib to Damascus, the capital. Opposition forces, which the West has not agreed to arm, have not proved strong enough to exhaust Assad, but neither has the autocratic 12-year leader been able to stamp them out.

Assad, like Brahimi, called for a new cease-fire, reconciliation talks and some form of transitional government. But Assad sketched out a far more complicated vision, beginning with a dialogue with the opposition leading to a new national charter, approved by a referendum. That would be followed by an expanded government, including those in the talks, that would oversee the drafting of a constitution. The charter would also be approved by a national referendum, and then national elections would be held.

And where Brahimi has pushed for meaningful compromise between the rebels and the president, Assad continued to insist that all groups play according to his terms.

He put the onus on rebels for an end to fighting, announcing that his troops would honor a cease-fire only after the opposition stopped fighting and foreign countries stopped funding them, in what amounted to a swipe at Persian Gulf countries, Turkey and Western nations. His plan also appeared to go against the grain of Brahimi's call for both sides to put down their arms. By Sunday evening, Brahimi's office had no comment on Assad's address.

The international community, including Russia, the United States and regional players like Turkey, has endorsed the Brahimi plan's broad contours. But Russia and the West have clashed over Assad's future. Washington has insisted Assad must go, while Moscow has not, at least at this point, abandoned him, a stance also held by Iran, Syria's closest regional ally.

Assad, speaking at Damascus' Opera House, dismissed the opposition as "slaves" to the West, playing on the image of a deeply dysfunctional group including exiles with little influence in Syria and Al Nusra Front, an Al Qaeda-affiliated organization that has become the most feared and valued fighting force among the rebels and their umbrella Free Syrian Army.

The speech was similar to his past promises of reform that have proved jarringly empty. In February, in the midst of the civil conflict, Assad called for and won passage of a new constitution, which he said enshrined freedom of speech and multiparty elections. Months earlier, he had repealed a decades-old emergency law. But in real time, his security forces continued to detain opponents, shell neighborhoods and besiege cities.

On Sunday, standing somberly in front of a photo collage of people who reportedly have been killed in the civil warfare, Assad presented himself as a Syrian patriot, the only one capable of holding the nation together. Supporters packing the theater pumped their fists and yelled, "God, Bashar and our army." He basked in the adulation and at times waved to the crowd.

Even with the death toll soaring and the territory under his control plummeting, Assad appeared to cling to the hope that those Syrians who have grown weary of the unrelenting conflict and the rise of radical Islamists would turn to him.

"We chose the political option from the beginning through its primary way, dialogue. We chose this to move Syria forward. But with whom are we talking? With extremists who only believe in the language of killing and terrorism?" Assad said.

Assad also papered over his government's hard-nosed tactics of airstrikes, artillery shelling and detention of opposition suspects, calling them a necessity for the nation's defense.

"They call it a revolution when it has no relationship to a revolution. A revolution needs intellectuals and is based on thought. Where is the thinker?" Assad said. "The revolution is usually that of the people, not of those who are imported to revolt against the people. It is a revolution against the interests of the people, so by God, are these revolutionaries?"

Opposition leaders swiftly slammed Assad's proposals. "For us as people on the ground, the situation hasn't changed, and during his speech 20 people died," activist Amer Shami said from Damascus by Skype.

But Assad's speech appeared aimed at a terrified Syrian population no longer certain of whom it should support and fearful their country could splinter. The days of spring 2011, when peaceful protesters called for government reform was long ago eclipsed by an armed insurgency, and Assad appears to bet even some in the opposition could be persuaded to return to his fold.

"Roughly speaking about 30% of Syrians want to hang Assad, another 30% support him, and then there are another 30% who long for peace and security and want to get on with their lives and are increasingly worried with how the rebels are behaving," said Syria expert Patrick Seale, author of the definitive biography of the current leader's father and predecessor as president, Hafez Assad.

"A good slice of the opposition will hate his speech and say they need to continue fighting, but it may plant doubt in the minds of some, that they will have to go to negotiations with Assad," Seale said.

One Syrian activist said the rebel movement has veered so far into Islamist ideology that by contrast Assad sounds almost moderate. "Assad's speech sounds more like the national voice, the one worried about the country from intervention and Islamization. For any neutral listener, his speech will sound 'right' compared to the opposition," said the activist, who goes by the name Nadja, in a Skype interview.

"He is talking about fighting against Islamists, Afghanis and Chechens and Libyans and so on," Nadja said. "I wouldn't want him to make peace with terrorists because I don't want the country to fall in their hands. But I don't want him to stay in power either. He killed so many people."

Even if Assad does seek to carry out his peace plan, it is hard to believe he is capable of success. He has consistently failed to follow through on his reform efforts, and at times has seemed beholden to the different interests in his government, from the security apparatus to family, who have lacked any enthusiasm for reform.

"Assad is only the front man for the institutions of the country, the security apparatus, the [Baath] party and minorities," Seale said. "It is not a one-man show."

ned.parker@latimes.com

Special correspondents Nabih Bulos and Alaa Hassan in Beirut contributed to this report.

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Handset makers scurry to join Year of the Phablet

SINGAPORE/HONG KONG (Reuters) – Call it phablet, phonelet, tweener or super smartphone, but the clunky mobile phone – closer in size to a tablet than the smartphone of a couple of years back – is here to stay.

A surprise hit of 2012, it is drawing in more users, more handset makers and is shaping the way we consume content.

“We expect 2013 to be the year of the phablet,” said Neil Mawston, UK-based executive director of Strategy Analytics‘ global wireless practice.

While Samsung Electronics Co Ltd has blazed a trail with its once-mocked Galaxy Note devices, now other manufacturers are scurrying to catch up.

At this week’s Consumer Electronics Show in Las Vegas, Chinese telecommunications giants ZTE Corp and Huawei Technologies Co Ltd will launch their own.

ZTE, which collaborated with Italy’s designer Stefano Giovannoni for the Nubia phablet, is scheduled to launch its 5-inch Grand S, while Huawei brings out the Ascend Mate, sporting a whopping 6.1-inch screen, making it only slightly smaller than Amazon’s Kindle Fire tablet.

“Users have realized that a nearly 5-inch screen smartphone isn’t such a cumbersome device,” said Joshua Flood, senior analyst at ABI Research in Britain.

Driving the phablet’s shift to the mainstream is a confluence of trends. Users prefer larger screens because they are consuming more visual content on mobile devices than before, and using them less for voice calls – the phablet’s weak spot.

And as WiFi-only tablets become more popular, so has interest among commuters in devices that combine the best of both, while on the move.

According to the latest Ericsson Mobility Report, the monthly data traffic for every smartphone will rise fourfold between now and 2018 to 1,900 megabytes.

The upshot is a market for phablets that will quadruple in value to $ 135 billion in three years, according to Barclays. Shipments of gadgets that are 5 inches or bigger in screen size will surge by nearly nine-fold to 228 million during the same period, though estimates vary because no one can agree on where smartphones stop and phablets start.

But that’s the point, some say.

“I think phone size was a preconceived notion based on voice usage,” said John Berns, a Singapore-based executive who works in the information technology industry. He recently upgraded his Note for the newer Note 2 and bought another for his girlfriend for Christmas. “Smaller was better until phones got smart, became visual.”

Samsung has been both the engine and beneficiary. While other players shipped devices with larger screens earlier – Dell Inc launched its Streak in 2010 – it was only when the Korean behemoth launched the Galaxy Note in late 2011, with its 5.3-inch screen, that users took an interest.

“The Streak was launched at a time when 3-inch smartphones were standard and the leap to a 5-inch Streak was a jump too far for consumers,” says Strategy Analytics’ Mawston.

“The Galaxy Note was launched when 4-inch smartphones had become commonplace, and the leap to 5-inch was no longer such a chasm.”

THE BIGGER, THE BETTER

Since then Samsung has bet big on bigger: its updated Note has a 5.5-inch screen and its flagship Galaxy S3 – the best-selling smartphone in the third quarter of 2012 – has a screen that puts it in the phablet category for some analysts.

Samsung accounted for around three quarters of all phablets shipped last year, according to Barclays’ Taipei-based analyst Dale Gai.

Samsung’s marketing heft has paved the way for others. LG Electronics Inc accounted for 14 percent of shipments in the third quarter of last year, according to Strategy Analytics.

HTC Corp’s 5-inch Butterfly – called the Droid DNA in the United States – has been selling well in places where Samsung is less dominant, according to Taipei-based Yuanta Securities analyst Dennis Chan. The first batch sold out soon after its December launch in Taiwan.

“I don’t think we can say that Samsung invented phablets,” said Lv Qianhao, head of handset strategy at ZTE. “But it did do a lot to promote this product category, which helped create tremendous demand.”

Phablets are also proving popular in emerging markets.

A poll of nearly 5,000 readers of Yahoo’s Indonesian website chose Samsung’s Galaxy Note 2 as their favorite mobile phone of 2012, ahead of the iPhone 5.

Kristian Tjahjono, a technology journalist who posted the poll, said phablets were a natural fit for Indonesians who liked tablets but also liked making phone calls.

But while those in such markets who can afford them are going for the high-end devices, the door is opening for cheaper models. Tjahjono pointed to Lenovo’s 5-inch S880, which has a lower resolution screen and sells for about $ 250, which is around a third of the price of Galaxy Note 2.

SWEET SPOT

Falling component prices will add to demand. The total cost of an upper-end phablet, its bill of materials, will likely fall to 2,000 yuan ($ 323) this year, says Gai from Barclays, and will halve within two years.

“One thousand yuan is a very sweet spot for China,” he said.

India is also a fan.

Vivek Deshpande, who manages global strategy for Shenzhen-based mobile phone maker Zopo, says that while the Indian and Chinese markets are different, they both share a common appetite for aspirational devices: phones big enough for their owners to show off. This is changing the direction of lower end players.

“Zopo’s primary focus is now on phablets,” said Deshpande.

Even Samsung is pushing its own creation downmarket: In Las Vegas it will unveil the Galaxy Grand, a 5-inch device that lacks some of the resolution and muscle of its bigger brethren but will be aimed at markets like India. There is a version offering a dual SIM slot, a popular feature for those wanting to arbitrage cheaper call and data plans.

As phablets slide into the mainstream, handset makers are trying to find ways of differentiating.

As well as hiring Italian designer Giovannoni better known for his minimalist, sleek bathrooms, ZTE also came up with an onscreen keypad that inclines to one side of the screen, depending on whether the user is left- or right-handed.

Samsung, however, not only has first mover advantage, it can also build on its expertise in display.

Barclay’s Gai says Samsung is expected to introduce a thinner, unbreakable AMOLED screen which will leave room for bigger batteries.

“That will put Samsung in good stead to still dominate the market,” he said. Despite pressure in China, Gai estimates Samsung’s share of smartphones with 5-inch or larger screens to fall only from 73 percent in 2012 to 58 percent in 2016, which is still the lion’s share.

By then consumers will see the phablet for what it is, says Horace Dediu, a Finnish analyst who runs a technology blog asymco.com. Its rise is part of a wider march of computing power into wherever we reside – the living room, the train, bed or work.

“It makes sense that we’re moving towards a time where we are served not by a computer or a netbook or a phone, but rather that we have these screens scattered around and available for us to play with,” he said. “In a way the phablet is not a bulky phone but a very delicate computer.”

(Editing by Emily Kaiser)

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NBC execs say it's not a 'shoot-'em-up' network

PASADENA, Calif. (AP) — NBC executives said Sunday they are conscious about the amount of violence they air in the wake of real-life tragedies like the Connecticut school shooting, but have made no changes in what has gone on the air or what is planned.

NBC isn't a "shoot-'em-up" network, said network entertainment President Jennifer Salke.

The level of violence on television, in movies and video games has been looked at as a contributing factor — along with the availability of guns and a lack of mental health services — in incidents such as the Dec. 14 attack in a Newtown, Conn., school where 20 first-graders and six educators were killed.

Like many in Hollywood, NBC questioned a link between what is put on the air and what is happening in society.

"It weighs on all of us," said NBC Entertainment Chairman Robert Greenblatt. "Most of the people at this network have children and really care about the shows that we're putting out there. It's always something that's been on our mind but this brought it to the forefront."

NBC hasn't needed to take any tangible steps like minimizing violence in its programming or deemphasizing guns, Salke said, because NBC didn't have much violence on the air. It might be different "if we were the 'shoot-'em-up' network, she said.

She didn't name such a network, but said violence might be an issue on a network that airs many crime procedural shows. That's a staple of CBS' lineup. Greenblatt, who was head of Showtime when the "Dexter" series about a serial killer was developed, said CBS' "Criminal Minds" is "worse than 'Dexter' ever was."

Within an hour after both executives spoke, NBC showed reporters at a news conference highlights of its show "Revolution" that included a swordfight, a standoff between two men with guns, a bloodied man, a building blown up with a flying body and a gunfight.

Later clips of the upcoming series "Deception" featured several shots of a bloodied, dead body.

NBC also is developing a drama, "Hannibal," based on one of fiction's most indelible serial killers, Hannibal Lecter. An airtime for the show hasn't been scheduled, but it could come this spring or summer.

Salke said there is more violence in Fox's upcoming drama "The Following," also about a serial killer, than there will be in "Hannibal." Much of the violence in the upcoming NBC show, created by former "Heroes" producer Bryan Fuller, is implied and not gratuitous.

"We respect the talent and like what he is doing, so we are standing behind him," Salke said. She said there's been a spate of programs about creepy killers because they've been such indelible characters.

Greenblatt said he wasn't trying to be glib, but one of the best tonics for people upset about real-life violence is to watch an episode of NBC's "Parenthood." He said it's a great example of a family that loves each other and grapples with many issues.

"Ultimately, I think you feel good at the end of the day," he said.

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Drug-Testing Company Tied to N.C.A.A. Draws Criticism

KANSAS CITY, Mo. — A wall in one of the conference rooms at the National Center for Drug Free Sport displays magazine covers, each capturing a moment in the inglorious history of doping scandals in sports.

Steve Hebert for The New York Times

The National Center for Drug Free Sport, in Kansas City, Mo., tries to deter doping with programs for high school, college and professional leagues.

Monica Almeida/The New York Times

Don Catlin, formerly of U.C.L.A.’s Olympic Analytical Lab, has raised questions about drug testing at colleges.

The images show Ben Johnson, the sprinter who lost his 1988 Olympic gold medal after testing positive; and Barry Bonds, the tarnished home run king; and Lyle Alzado, one of the first pro football players to admit to steroid use.

“People always assume that it’s the athletes at the top of their sport or the top of their game that are using,” said Frank Uryasz, Drug Free Sport’s founder and president. “But I can assure you that’s not the case. There’s always that desire to be the best, to win. That permeates all level of sport — abuse where you just wouldn’t expect it.”

Over the past quarter-century, athletes like Johnson, Bonds and Alzado stirred widespread concern about doping in sports.

Professional leagues without drug-testing programs have put them in; leagues with drug-testing programs have strengthened them. Congress and medical experts have called on sports officials at all levels to treat doping like a scourge.

It was in this budding American culture of doping awareness that Uryasz found a niche business model. He has spent the past decade selling his company’s services to the country’s sports officials.

The company advises leagues and teams on what their testing protocols should look like — everything from what drugs to test for to how often athletes will be tested to what happens to the specimens after testing. It also handles the collection and testing of urine samples, often with the help of subcontractors.

Drug Free Sport provides drug-testing programs for high school, college and professional leagues.

A privately held company with fewer than 30 full-time employees, it counts among its clients Major League Baseball, the N.F.L., the N.B.A., the N.C.A.A. and about 300 individual college programs.

Many, if not all, of the players on the field Monday night for the Bowl Championship Series title game between Alabama and Notre Dame have participated in a drug-testing program engineered by Drug Free Sport.

Uryasz says his company’s programs provide substantial deterrents for athletes who might consider doping.

Critics, however, question how rigorous the company’s programs are. They say Drug Free Sport often fails to adhere to tenets of serious drug testing, like random, unannounced tests; collection of samples by trained, independent officials; and testing for a comprehensive list of recreational and performance-enhancing drugs.

The critics, pointing to a low rate of positive tests, question Drug Free Sport’s effectiveness at catching athletes who cheat. Since the company began running the N.C.A.A.’s drug-testing program in 1999, for example, the rate of positive tests has been no higher than 1 percent in any year — despite an N.C.A.A. survey of student-athletes that indicated at least 1 in 5 used marijuana, a banned substance. (The N.C.A.A. tests for marijuana at championship competitions but not in its year-round program.)

Uryasz said the rate of positive tests was not meaningful. “I don’t spend a lot of time on the percent positive as being an indicator of very much,” he said.

Independent doping experts contend that having a contract with Drug Free Sport allows sports officials to say they take testing seriously without enacting a truly stringent program.

Don Catlin, the former head of U.C.L.A.’s Olympic Analytical Lab, best known for breaking the Bay Area Laboratory Co-operative doping ring, oversaw the testing of many of Drug Free Sport’s urine samples when he was at U.C.L.A. He said the work by Drug Free Sport and similar companies could be used to mislead fans.

“The problem with these schools is they all want to say they’re doing drug testing, but they’re not really doing anything I would call drug testing,” he said.

A Company’s Origins

Uryasz said he became interested in working with student-athletes while tutoring them as an undergraduate at Nebraska. After he graduated, he earned an M.B.A. from Nebraska and worked in health care administration in Omaha. He said he heard about an opening at the N.C.A.A. through a friend.

Driven in part by scandals in professional sports, the N.C.A.A. voted at its 1986 annual convention to start a drug-testing program.

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'Texas Chainsaw 3D' is strong No. 1; 'Promised Land' disappoints

"Texas Chainsaw 3D" easily sliced through the competition at the box office this weekend — not that its rivals were particularly threatening.

As the only new film to hit theaters nationwide, the reboot of the 1974 horror flick only had to contend with a handful of movies that have been out for weeks. Still, the low-budget movie did better than expected, collecting a robust $23 million during its opening weekend, according to an estimate from distributor Lionsgate.

Heading into the weekend, pre-release audience polling suggested that "The Hobbit: An Unexpected Journey" would claim No. 1 for the fourth consecutive weekend, while "Chainsaw" looked poised to finish second with around $16 million. Instead, Peter Jackson's film grossed $17.5 million, raising its domestic total to $263.8 million.

PHOTOS: All-time box office leaders

Meanwhile, both "Django Unchained" and "Les Misérables crossed the $100-million milestone. Since being released on Christmas Day, Quentin Tarantino's film has sold $106.4 million, while the film version of the Broadway musical is up to $103.6 million. The continued performance of the movies helped to start the year off on a positive note, as ticket sales were up 7% compared with the same weekend in 2012.

"Texas Chainsaw 3D" is the sixth film to feature the villain Leatherface since the original horror film was released almost four decades ago. The new movie posted the second-highest opening of any "Chainsaw" film — not adjusting for inflation — behind 2003's "The Texas Chainsaw Massacre," the Jessica Biel film which ultimately sold a strong $80.6 million.

Financed by Avi Lerner's Millennium Pictures for about $20 million, "Texas Chainsaw 3D" is being distributed by Lionsgate. The movie — which has notched only a 23% fresh rating on the review aggregation site Rotten Tomatoes — received an average grade of C+ from opening-weekend moviegoers, according to market research firm CinemaScore. However, horror films often receive poor CinemaScores and still go on to do good business at the box office.

The film attracted a young audience, 64% of whom were under the age of 25. Of those in that age group, 1 out of 3 said the main reason they showed up to see the film was because the musical artist Trey Songz had a role in it. "Chainsaw" is the first film the 28-year-old Grammy nominee has starred in, and he has been heavily promoting the picture to his 5.6-million Twitter followers in recent weeks.

PHOTOS: Horror movie locations around Los Angeles

Also this weekend, the Matt Damon-John Krasinski collaboration "Promised Land" got off to a bad start. The environmental picture, which was co-written by and stars the actors, expanded from 25 theaters to 1,676 locations but brought in a lackluster $4.3 million.

The Focus Features production about a town with natural gas reserves only cost the studio and co-financier Participant Media about $15 million to produce. But with middling reviews and a B CinemaScore, it's a long shot that the film will end up being a hit even given its modest budget.

Another film that expanded this weekend was "The Impossible," the $40-million production about a family in the aftermath of the 2004 Thailand tsunami. Playing in 572 locations, the Summit Entertainment release collected a so-so $2.8 million. However, the picture is faring far better overseas. Already a hit in Spain, where its filmmaker hails from, the movie debuted in the United Kingdom this weekend and grossed $6.4 million. Overall, the movie has grossed $81.2 million abroad and $3.4 million in the U.S. and Canada.

ALSO:

The wizardry behind "The Impossible's" tsunami

'Texas Chainsaw 3D' to get nicked by 'Hobbit' at the box office

"Texas Chainsaw 3D" director: Leatherface abused, stunted, lethal

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Obama struggles to nominate, confirm federal judges

WASHINGTON — In September 2005, John G. Roberts Jr., a judge on the U.S. Court of Appeals for the District of Columbia, moved up a few blocks onto Capitol Hill to become chief justice of the United States. His seat on the appeals court has remained unfilled ever since.

The vacant seat symbolizes the problems that President Obama had in his first term in quickly nominating judges and winning even routine confirmations in the face of a determined Republican minority. He has had fewer judges confirmed than any first-term president in a quarter of a century, and he is the first chief executive unable to appoint anyone to the powerful D.C. Circuit Court of Appeals, which decides challenges to federal regulations.

Firmly in Republican control thanks in part to three appointees of President George W. Bush, the D.C. Circuit recently struck down clean-air rules put forth by the Obama administration for coal-burning power plants. It also threw out a "shareholder democracy" rule that would have made it easier for investors to vote for independent directors of public corporations. Both rules were strongly opposed by business interests.

Though the Constitution says judges are to be approved on a majority vote, the Republican minority used the Senate's 60-vote filibuster rule to slow or block confirmation of Obama's nominees. They included Caitlin Halligan, a former New York state solicitor general, who was nominated in 2010 to fill Roberts' seat on the D.C. Circuit.

Republicans said they opposed Halligan because, as a state attorney, she had argued in support of New York's suit against gun manufacturers. The National Rifle Assn. urged senators to block her, and she won only 54 votes, not enough to end a filibuster.

Obama said he was "deeply disappointed" at "the Republican pattern of obstructionism." But the filibuster was not invented by the Republicans.

When George W. Bush was president, the Democrats used the filibuster to block some of his nominees. Soon after taking office, Bush chose Miguel Estrada and Roberts for the D.C. Circuit. Both were well qualified and, if confirmed, were seen as likely nominees to the Supreme Court. Estrada, a native of Honduras, could have been the first Latino justice.

Republicans took seven tries but were unable to muster the 60 votes needed to break a Democratic filibuster against Estrada for the D.C. Circuit. In 2003, he withdrew his nomination. Roberts, avoiding controversy, was confirmed. But Bush put three more judges on the D.C. Circuit. In Bush's second term, then-Sen. Barack Obama from Illinois voted against the Supreme Court nominations of Roberts and Samuel A. Alito, and he joined a brief bid in 2006 to filibuster against Alito.

When Obama became president in 2009, his former Republican colleagues in the Senate were not inclined to swiftly or easily approve his nominees to the courts. Sen. Mitch McConnell of Kentucky, the GOP leader, repeatedly delayed votes on judges by invoking a different procedural rule. He refused to give unanimous consent to taking up nominations.

To compound the problem, Obama's team was slow getting started in 2009. The White House focused on winning approval for its first Supreme Court nominee, Sonia Sotomayor. But Obama made only 43 nominations to the lower courts in his first year, less than half the rate of Bush, who made 89 nominations.

The slow start combined with the GOP's go-slow approach to reduce Obama's impact.

When the 112th Congress adjourned last week, the Senate had approved 175 of Obama's judges. By comparison, Bush had 206 judges approved in his first term, and President Clinton had 204 judges confirmed during his first four years.

The number of court vacancies rose during Obama's term, from 57 to 75. During Bush's term, vacancies were reduced from 81 to 41.

Obama's team contributed to the delay by taking months to decide on nominations. But the White House says the Senate has taken far longer than normal to approve his nominees.

Under Bush and Clinton, judicial battles were mostly limited to the appellate courts. Under Obama, even district court nominees, who used to win quick approval, were held up. On average, it took 225 days for an Obama court nominee to win confirmation, up from 154 days in Bush's first term and 98 days in Clinton's.

On Thursday, the White House renominated 33 judicial candidates, including Halligan, who were left hanging when the Senate adjourned. They included nominees from Oklahoma and Maine who could not get a final vote despite strong support from their two home-state Republican senators.

Liberal advocates say the "slow walking" of Obama's nominees must change in the second term.

"We're hopeful. This level of obstruction is unacceptable and can't continue," said Marge Baker, vice president of People for the American Way.

david.savage@latimes.com

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Honduras removes its ambassador to Colombia amid party scandal

TEGUCIGALPA (Reuters) – Honduras has removed its ambassador to Colombia amid reports his personal aide was involved in a wild party held at the embassy of Honduras in Bogota which, according to media, was attended by prostitutes and where cell phones and computers were stolen.

Ambassador Carlos Rodriguez quit his post on Saturday, Honduras’ foreign ministry said in a release, after the government requested his withdrawal.

Rodriguez’s personal aide went out with friends on December 20, picking up some prostitutes in Bogota’s red district before going to the embassy, where they consumed alcohol and trashed the facilities, El Heraldo daily reported.

It was not clear if Rodriguez was present, but the ministry said an investigation was under way.

Last year, about a dozen U.S. Secret Service employees were accused of misconduct for bringing women, some of them prostitutes, back to their hotel rooms ahead of a visit to Colombia by President Barack Obama, in the biggest scandal to hit the agency.

(Reporting By Gustavo Palencia; Editing by Vicki Allen)

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Poet-performer Jayne Cortez dies in NY at age 78

NEW YORK (AP) — Jayne Cortez, a forceful poet, activist and performance artist who blended oral and written traditions into numerous books and musical recordings, has died. She was 78.

The Organization of Women Writers of Africa says Cortez died of heart failure in New York on Dec. 28. She had helped found the group and, while dividing her time between homes in New York and Senegal, was planning a symposium of women writers to be held in Ghana in May.

Cortez was a prominent figure in the black arts movement of the 1960s and '70s that advocated art as a vehicle for political protest. She cited her experiences trying to register black voters in Mississippi in the early '60s as a key influence.

A native of Fort Huachuca, Ariz., she was raised in the Watts section of Los Angeles. She loved jazz since childhood and would listen to her parents' record collection. Musicians including trumpeter Don Cherry would visit her home and through them she met her first husband, Ornette Coleman, one of the world's greatest jazz artists. They were married from 1954 to 1964.

Her books included "Scarifications" and "Mouth On Paper," and she recorded often with her band the Firespitters, chanting indictments of racism, sexism and capitalism. Its members included her son, drummer Denardo Coleman, and several other members of Ornette Coleman's electronic Prime Time band, guitarist Bern Nix and bassist Al McDowell.

Cortez, who described herself as a "jazz poet," performed all over the world and her work was translated into 28 languages. At the time of her death, she was living with her second husband, the sculptor Melvin Edwards.

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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.

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Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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