Op-Ed Contributor: Labs, Washed Away





BEDPAN ALLEY is the affectionate name given to a stretch of First Avenue in Manhattan that is packed with more hospitals than many cities possess. This stretch also happened to be right in the flood zone during Hurricane Sandy. Water damage and power failures closed down all three of the New York University teaching hospitals — Bellevue Hospital, Tisch Hospital and the Manhattan V.A. Two months later, they are still not admitting patients, though two are on schedule to begin doing so shortly.




The harrowing evacuation of hundreds of patients made headlines nationwide. The disruption of regular medical care for tens of thousands of outpatients was a clinical nightmare that is finally easing. And the education of hundreds of medical students and residents is being patched back together.


All academic medical centers, however, rest on a tripod — patient care, education and research. The effect of the hurricane on the third leg of that tripod — research — has gotten the least attention, partly because rescuing cell cultures just isn’t as dramatic as carrying an I.C.U. patient on a ventilator down flights of stairs in the dark.


But, of course, there is an incontrovertible link between those cell cultures and that patient. For every medication that a patient takes, someone researched the basic chemistry of the drug, someone designed the clinical trial to test its efficacy, and of course a volunteer stepped forward to be the first to take the pill. Scientific research has engineered the impressive advancements of medical treatment, and every patient is a beneficiary.


When the hospitals were hit by Hurricane Sandy, hundreds of experiments were obliterated by the loss of power. Precious biological samples carefully frozen over years were destroyed. Temperature-sensitive reagents and equipment were ruined. Medications and records for patients in clinical trials were rendered inaccessible. And sadly, many laboratory mice and rats perished (though 600 cages of animals were rescued during the night by staff members who used crowbars on inaccessible doors and carried the cages out through holes cut in the ceiling).


On a slushy, rainy day earlier this month, I sat in on a meeting of N.Y.U.’s research community. Hundreds of scientists packed the chilly lecture hall to discuss what the future might hold. It was clear that the damage to laboratories and samples would not be amenable to easy repair. Some 400 researchers were being relocated to a patchwork of temporary sites so that they could restart their work.


But scientists can’t just walk in to a new space with a lab coat and a notebook; they need centrifuges, deep-freezes, lab animals, electron microscopes, incubators, autoclaves, gamma counters, PET scanners. They come with graduate students, lab techs, post-docs and collaborating investigators. For clinical researchers, there are also the patients enrolled in their clinical trials, with their medications and voluminous records.


Even beyond their eagerness to get back to work, researchers felt a sense of loss, not just in time, money, momentum, samples and grants, but of a part of their lives. Some senior scientists lost decades of archived samples. Others lost irreplaceable mice with genetic mutations for studying how coronary plaques resolve, the role of inflammation in lymphoma and the development of neural networks. At the other end of the spectrum were post-docs whose nascent careers were suddenly up in the air. Some were in tears.


Walking down First Avenue after the meeting, I passed a young researcher pushing a cart laden with cages, transporting lab rats to their new home. There was a blanket over the cages to protect them from the rain, but it kept slipping. She slogged up the wet avenue, one hand pushing the cart, the other struggling to keep the cover over her charges.


The logistical efforts to relocate and reignite such a vast research enterprise are staggeringly complicated. But the administration has cataloged each person’s research needs to match them with available space elsewhere, and hundreds of researchers have successfully rekindled their investigations despite the prodigious challenges.


Bellevue and Tisch are returning to their clinical operations and will be able to admit patients shortly. But even after the hospital wards and clinics are bustling at full capacity, the ribbon won’t feel ready to snip until the researchers are restored to their homes as well. For many patients, the thrum of research within a medical center is invisible. But it is an integral — and very human — part of a hospital. When a hurricane disrupts research, it is a loss that resonates well beyond the laboratories.


Danielle Ofri, an associate professor at New York University School of Medicine, is the editor of the Bellevue Literary Review and the author, most recently, of “Medicine in Translation: Journeys With My Patients.”



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California jobless rate falls to 9.8%, lowest in almost 4 years









With one of the strongest holiday shopping seasons in years, a surge in hiring by retailers helped lower California's unemployment rate in November to its lowest level in almost four years.


The state's jobless rate fell to 9.8% from 10.1% in October, according to data released Friday by the U.S. Bureau of Labor Statistics.


The drop in the unemployment rate came even as the state's labor force – the number of people who are able to work and either have a job or are looking for one – grew by 34,100 people in November.





Quiz: How much do you know about California's economy?


A growing labor force is typically a sign that job seekers feel encouraged to resume looking for work again.


But a survey of employers showed that California payrolls shrank by a net 3,800 jobs last month, with losses recorded in education and health services. That sector lost 11,000 jobs. The next largest decline was in manufacturing, which lost 8,900 positions.


A sign that consumers are spending again, the sector notching the largest over-the-month increase was trade, transportation and utilities, which as a group added 12,900 jobs. The sector counts employment in retail industry.


The next largest gain was in leisure and hospitality, which added 3,300 jobs.


The disparity between the falling unemployment rate and the drop in payroll jobs reflects the fact that the two are derived from different surveys: The unemployment rate is calculated from a survey of a small number of households, while the payroll job data come from a more accurate survey of businesses that report on changes in their monthly payrolls.


Over the year, California has added 268,600 nonfarm jobs, the second-largest yearly increase. The unemployment rate has fallen 1.5 percentage points since November 2011.


In addition, October’s  job gains were revised slightly downward to 38,800 jobs compared to the 45,800 originally reported last month.


ALSO:


In defense-heavy San Diego, 'fiscal cliff' threat hits home


Third-quarter GDP growth revised higher but weakness looms 


New jobless claims up 17,000 last week, but remain relatively low


ricardo.lopez2@latimes.com


Follow Ricardo Lopez on Twitter.





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Fearful 'end of world' calls, emails flood NASA as Dec. 21 nears









If there's one government agency really looking forward to Dec. 22, it's NASA.


The space agency said it has been flooded with calls and emails from people asking about the purported end of the world — which, as the doomsday myth goes, is apparently set to take place Friday, Dec. 21.


The myth might have originated with the Maya calendar, but in the age of the Internet and social media, it proliferated online, raising questions and concerns among hundreds of people around the world who have turned to NASA for answers.





Dwayne Brown, an agency spokesman, said NASA typically receives about 90 calls or emails per week containing questions from people. In recent weeks, he said, that number has skyrocketed — from 200 to 300 people are contacting NASA per day to ask about the end of the world.


"Who's the first agency you would call?" he said. "You're going to call NASA."


The questions range from myth (Will a rogue planet crash into Earth? Is the sun going to explode? Will there be three days of darkness?) to the macabre (Brown said some people have "embraced it so much" they want to hurt themselves). So, he said, NASA decided to do "everything in our power" to set the facts straight.


That effort included interviews with scientists posted online and a Web page that Brown said has drawn more than 4.6 million views.


It also involved a video titled "Why the World Didn't End Yesterday." Though the title of the video implies a Dec. 22 release date, Brown said NASA posted the four-minute clip last week to help spread its message.


The website addresses several scenarios — the possibility of planetary alignments, total blackouts, polar shifts and "a planet or brown dwarf called Nibiru or Planet X or Eris that is approaching the Earth and threatening our planet with widespread destruction" — but comes to the same conclusion.


In short, NASA says, "the world will not end in 2012."


"Our planet has been getting along just fine for more than 4 billion years, and credible scientists worldwide know of no threat associated with 2012," the website says.


The Griffith Observatory will also be trying to debunk doomsday predictions. It announced plans to stay open late Friday evening — until one minute past midnight — to "demonstrate that claims regarding the Maya calendar, planetary alignments, rogue planets, galactic beams, and other related phenomena have no basis in fact."


A few years ago, NASA suspected that it might have to create such a campaign when the idea of the world ending began "festering," Brown said. The apocalyptic action movie "2012," released in 2009, didn't help, he said.


"We kind of look ahead — we're a look-ahead agency — and we said, 'You know what? People are going to probably want to come to us' " for answers, Brown explained. "We're doing all that we can do to let the world know that as far as NASA and science goes, Dec. 21 will be another day."


As for Saturday, when the questions — not the world — end: "I wish it was tomorrow."


kate.mather@latimes.com





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Halle Berry, Chaka Khan among 2013 BET Honorees


NEW YORK (AP) — Actress Halle Berry and musician Chaka Khan will be honored at the 2013 BET Honors.


The network announced Thursday that basketball star Lisa Leslie, music executive Clarence Avant and religious leader T.D. Jakes will also be celebrated at the Jan. 12 event in Washington at the Warner Theatre. The special airs Feb. 11.


BET Honors highlights African Americans performing at top levels in the areas of music, literature, entertainment, education and more.


Maya Angelou was among the honorees at this year's BET Honors. First Lady Michelle Obama presented her award.


Actress Gabrielle Union will host the special. Performers will be announced at a later date.


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Online:


http://www.bet.com


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Female Vaccination Workers, Essential in Pakistan, Become Prey





LAHORE, Pakistan — The front-line heroes of Pakistan’s war on polio are its volunteers: young women who tread fearlessly from door to door, in slums and highland villages, administering precious drops of vaccine to children in places where their immunization campaign is often viewed with suspicion.




Now, those workers have become quarry. After militants stalked and killed eight of them over the course of a three-day, nationwide vaccination drive, the United Nations suspended its anti-polio work in Pakistan on Wednesday, and one of Pakistan’s most crucial public health campaigns has been plunged into crisis. A ninth victim died on Thursday, a day after being shot in the northwestern city of Peshawar, The Associated Press reported.


The World Health Organization and Unicef ordered their staff members off the streets, while government officials reported that some polio volunteers — especially women — were afraid to show up for work.


At the ground level, it is those female health workers who are essential, allowed privileged entrance into private homes to meet and help children in situations denied to men because of conservative rural culture. “They are on the front line; they are the backbone,” said Imtiaz Ali Shah, a polio coordinator in Peshawar.


The killings started in the port city of Karachi on Monday, the first day of a vaccination drive aimed at the worst affected areas, with the shooting of a male health worker. On Tuesday four female polio workers were killed, all gunned down by men on motorcycles in what appeared to be closely coordinated attacks.


The hit jobs then moved to Peshawar, the capital of Khyber-Pakhtunkhwa Province, which, along with the adjoining tribal belt, constitutes Pakistan’s main reservoir of new polio infections. The first victim there was one of two sisters who had volunteered as polio vaccinators. Men on motorcycles shadowed them as they walked from house to house. Once the sisters entered a quiet street, the gunmen opened fire. One of the sisters, Farzana, died instantly; the other was uninjured.


On Wednesday, a man working on the polio campaign was shot dead as he made a chalk mark on the door of a house in a suburb of Peshawar. Later, a female health supervisor in Charsadda, 15 miles to the north, was shot dead in a car she shared with her cousin.


Yet again, Pakistani militants are making a point of attacking women who stand for something larger. In October, it was Malala Yousafzai, a schoolgirl advocate for education who was gunned down by a Pakistani Taliban attacker in the Swat Valley. She was grievously wounded, and the militants vowed they would try again until they had killed her. The result was a tidal wave of public anger that clearly unsettled the Pakistani Taliban.


In singling out the core workers in one of Pakistan’s most crucial public health initiatives, militants seem to have resolved to harden their stance against immunization drives, and declared anew that they consider women to be legitimate targets. Until this week, vaccinators had never been targeted with such violence in such numbers.


Government officials in Peshawar said that they believe a Taliban faction in Mohmand, a tribal area near Peshawar, was behind at least some of the shootings. Still, the Pakistani Taliban have been uncharacteristically silent about the attacks, with no official claims of responsibility. In staying quiet, the militants may be trying to blunt any public backlash like the huge demonstrations over the attack on Ms. Yousafzai.


Female polio workers here are easy targets. They wear no uniforms but are readily recognizable, with clipboards and refrigerated vaccine boxes, walking door to door. They work in pairs — including at least one woman — and are paid just over $2.50 a day. Most days one team can vaccinate 150 to 200 children.


Faced with suspicious or recalcitrant parents, their only weapon is reassurance: a gentle pat on the hand, a shared cup of tea, an offer to seek religious assurances from a pro-vaccine cleric. “The whole program is dependent on them,” said Mr. Shah, in Peshawar. “If they do good work, and talk well to the parents, then they will vaccinate the children.”


That has happened with increasing frequency in Pakistan over the past year. A concerted immunization drive, involving up to 225,000 vaccination workers, drove the number of newly infected polio victims down to 52. Several high-profile groups shouldered the program forward — at the global level, donors like the Bill and Melinda Gates Foundation, the United Nations and Rotary International; and at the national level, President Asif Ali Zardari and his daughter Aseefa, who have made polio eradication a “personal mission.”


On a global scale, setbacks are not unusual in polio vaccination campaigns, which, by dint of their massive scale and need to reach deep inside conservative societies, end up grappling with more than just medical challenges. In other campaigns in Africa and South Asia, vaccinators have grappled with natural disaster, virulent opposition from conservative clerics and sudden outbreaks of mysterious strains of the disease.


Declan Walsh reported from Lahore, and Donald G. McNeil Jr. from New York. Ismail Khan contributed reporting from Peshawar, Pakistan.



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Waiting on fiscal cliff compromise, stocks meander









The stock market moved between small gains and losses in morning trading Thursday. Uncertainty about the approaching “fiscal cliff,” just days away, was top of mind for many traders.

The House planned to move ahead on what Speaker John Boehner called “Plan B,” though President Barack Obama has threatened to veto it.

The political haggling made traders indecisive, with minor developments pushing the market back and forth.

“Every time someone makes a speech, you get another move in the market,” said Ben Fischer, founder and managing director of NFJ Investment Group in Dallas. “Everyone's just tracking it on a very short-term basis, and right now it doesn't look all that wonderful.”

At 11:25 a.m. EST, the Dow Jones industrial average was down 12 points at 13,239. The Standard & Poor's 500 was up a fraction at 1,436. The Nasdaq composite index slipped six to 3,038.

Also at the forefront for many traders was the news that NYSE Euronext, the parent of the New York Stock Exchange, planned to sell itself to IntercontinentalExchange, an upstart and lesser-known exchange operator based in Atlanta.

NYSE Euronext's stock surged 31 percent, rising $7.40 to $31.45. IntercontinentalExchange fell $2.89 to $125.42. That signals traders think the proposed deal could be more beneficial to NYSE Euronext than to its potential buyer. The marriage still needs the approval of regulators, and it isn't clear if they'll offer it.

In Washington, the Republicans' “Plan B” would raise taxes on the wealthy, something the Democrats have pushed for. But the plan also left in place budget cuts to the military and domestic agencies that Democrats have generally opposed.

If the Republicans and Democrats don't work out a compromise before the end of the month, the U.S. could go over the “fiscal cliff,” a reference to big tax increases and sweeping government spending cuts that would automatically kick in if no budget deal is in place. Some economists fear that would push the U.S. back into recession.

To be sure, many observers expect that a deal will be worked out ahead of the deadline — perhaps at the last minute, and with lots of political theatrics, but worked out nonetheless.

Fischer cautioned that even a successful compromise wouldn't necessarily send the market soaring. The market already assumes that the fiscal cliff will be worked out, he said, evidenced by its more-or-less steady increase since mid-November.

“The market already anticipates a good outcome,” Fischer said. “So even if you have a good outcome, I don't think the market will go up that much.”

Even without the complications of the fiscal cliff, the U.S. economy has been difficult to read, a pattern that continued Thursday.

The government said the U.S. economy grew at an annual rate of 3.1 percent over the summer, higher than the previous estimate of 2.7 percent. But the growth is likely to slow in the current quarter and early next year.

The government also reported that the number of Americans applying for unemployment benefits rose last week, a disappointment after four straight weeks of declines. But the four-week moving average of jobless claims, a less volatile measurement, fell.

A slate of companies reported earnings, with varied results:

—Darden Restaurants, the parent of Olive Garden and Red Lobster, slipped 92 cents to $45.89 after the company reported lower profit and revenue.

—Rite Aid, the drugstore chain, soared 14 percent, rising 15 cents to $1.19, after the company reported its first quarterly profit since 2007.

—Discover Financial Services fell $1.56 to $38.21. The company reported higher profit and revenue, but earnings missed analysts' expectations.

—Scholastic, publisher of the best-selling “The Hunger Games” trilogy, slipped 65 cents to $28.64 after reporting lower profit and revenue.

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Robert Bork, failed Supreme Court nominee, dies at age 85









Robert H. Bork, whose failed Supreme Court nomination in 1987 infuriated conservatives and politicized the confirmation process for the ensuing decades, died Wednesday at the age of 85. 

The former Yale law professor and judge on the U.S. Court of Appeals for the D.C. Circuit had a history of heart problems and had been in poor health for some time.


But Bork was a towering figure for an early generation of conservatives. In the 1960s and '70s, he argued that a liberal-dominated Supreme Court was abusing its power and remaking American life by ending prayers in public schools, by extending new rights to criminals, by ordering cross-town busing and by voiding the laws against abortion.


He was an influential legal advisor in the Nixon administration and served as a footnote to history in the Watergate scandal. When the embattled president ordered the firing of special counsel Archibald Cox, the attorney general and his deputy resigned in protest. Bork, who was in the No. 3 post as U.S. solicitor general, then carried out Nixon’s order.





But Bork’s biggest moment came during the Reagan administration in the 1980s. He left Yale and came to Washington when Reagan appointed him to the U.S. court of appeals in the District of Columbia. The job was seen as a steppingstone to the high court.


In 1986, Bork was passed over for a younger colleague when Reagan named Judge Antonin Scalia to the Supreme Court. A year later, Bork’s turn came when Justice Lewis Powell, the swing vote on the closely divided court, announced his retirement.


Democrats, led by Sen. Edward Kennedy, launched an all-out attack on Bork’s nomination, saying he would set back the cause of civil rights, women’s rights and civil liberties.


The summer of 1987 saw campaign-style attacks on Bork’s reputation.  In televised hearings, the bearded, heavy-set professor tried to explain his views, but he won few converts. The Senate defeated his nomination by a 58-42 vote.


In his place, Reagan eventually chose Judge Anthony Kennedy, who was confirmed unanimously. The switch proved to have lasting consequences. Kennedy cast decisive votes to uphold Roe vs. Wade and to preserve the ban on school-sponsored prayers.


Bork stepped down from the bench a year after his defeat, but wrote several books renewing his criticism of liberalism. In the past year, he served as a chairman of Mitt Romney’s advisory committee on the judiciary and the courts.


Follow Politics Now on Twitter and Facebook


david.savage@latimes.com





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Facebook CEO Zuckerberg donating $500M in stock






SAN FRANCISCO (AP) — Facebook CEO Mark Zuckerberg said he is donating nearly $ 500 million in stock to a Silicon Valley charity with the aim of funding health and education issues.


Zuckerberg donated 18 million Facebook shares, valued at $ 498.8 million based on their Tuesday closing price. The beneficiary is the Silicon Valley Community Foundation, a nonprofit that works with donors to allocate their gifts.






This is Zuckerberg’s largest donation to date. He pledged $ 100 million in Facebook stock to Newark, N.J., public schools in 2010, before his company went public earlier this year. Later in 2010, he joined Giving Pledge, an effort led by Microsoft Corp. founder Bill Gates and Berkshire Hathaway Inc. CEO Warren Buffett to get the country’s richest people to donate most of their wealth. His wife, Priscilla Chan, joined with him.


In a Facebook post Tuesday, Zuckerberg, 28, said he’s “proud of the work” done by the foundation that his Newark donation launched, called Startup: Education, which has helped open charter schools, high schools and others.


With the latest contribution, he added, “we will look for areas in education and health to focus on next.” He did not give further details on what plans there may be for funds.


“Mark’s generous gift will change lives and inspire others in Silicon Valley and around the globe to give back and make the world a better place,” said Emmett D. Carson, CEO of the foundation.


Social Media News Headlines – Yahoo! News





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Adele voted AP Entertainer of the Year


NEW YORK (AP) — Though Adele didn't have a new album or a worldwide tour in 2012, she's still rolling. After a year of Grammy glory and James Bond soundtracking, Adele has been voted The Associated Press Entertainer of the Year.


In 132 ballots submitted by members and subscribers of the AP, Adele easily outpaced other vote-getters like Taylor Swift, "Fifty Shades of Grey" author E.L. James, the South Korean viral video star PSY and the cast of "Twilight." Editors and broadcasters were asked to cast their ballot for the person who had the most influence on entertainment and culture in 2012.


Adele's year began in triumph at the Grammys, took a turn through recording the theme to the 007 film "Skyfall," and ended with the birth of her son in October. The ubiquitous Adele was that rare thing in pop culture: an unqualified sensation, a megastar in a universe of niche hits.


By the end of the year, her sophomore album, "21," had passed 10 million copies sold in the U.S., only the 21st album in the Nielsen SoundScan era (begun in 1991) to achieve diamond status. Buoyed by hits like "Someone Like You" and "Rolling in the Deep" long after its release in early 2011, "21" was also the top-selling album on iTunes for the second year running.


As David Panian, news editor for Michigan's Daily Telegram, put it: "It just seemed like you couldn't turn on the radio without hearing one of her songs."


Women have had a lock on the annual Entertainer of the Year selection. Previous winners include Lady Gaga, Taylor Swift, Betty White and Tina Fey. Stephen Colbert is the lone male winner in the six-year history of voting.


The Grammy Awards in February were essentially the de-facto crowning of the 24-year-old Adele, whose real name is Adele Adkins, as a pop queen. She won six awards, including album of the year. It was also a comeback of sorts for Adele, who performed for the first time since having vocal cord surgery, drawing a standing ovation from the Staples Center crowd.


Accepting the album of the year award, a teary Adele exclaimed: "Mum, girl did good!" The emotional, sniffling singer endeared many viewers to her when she copped in her acceptance speech to having "a bit of snot."


"This record is inspired by something that is really normal and everyone's been through it: just a rubbish relationship," said Adele.


But her luck in love has since turned, thanks to her boyfriend Simon Konecki. In an interview with Vogue magazine, Adele said she was through with break-up records and done being "a bitter witch." When Adele announced in June that she was having a baby with Konecki, her website promptly crashed under the heavy traffic. Their son was born in October.


With such an avalanche of success and now a mother of a newborn son, Adele has understandably taken a step out of the spotlight. One notable exception was recording the opening credits theme song to "Skyfall." The song was recorded with her "21" producer Paul Epworth at the Abbey Road Studios in London with a 77-piece orchestra. Within hours, it zoomed to the top of digital charts.


"There was an overwhelming embrace of Adele and her music," said Joe Butkiewicz, executive editor of the Times Leader in Wilkes-Barre, Pa. "And that was never more evident to me than when I heard teenagers express their enthusiastic expectations for the new James Bond movie because Adele performed the theme song."


The song recently received a Golden Globe nomination. No Bond theme has ever won the best original song Oscar, but given Adele's awards success thus far, it wouldn't be a stretch to think she has a chance of changing that. The tune is among the 75 short-listed songs in the Academy Awards category.


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Projects Editor Brooke Lansdale contributed to this report.


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Lawyer Says Ritual Circumcision Is Protected Activity





A lawyer for Orthodox Jewish groups asked a federal judge on Tuesday to throw out a New York City regulation requiring parents to sign a consent form before their infant sons undergo a form of Jewish ritual circumcision in which the circumciser uses his mouth to remove blood from the incision.




The lawyer, Shay Dvoretzky, said the practice, which is prevalent in parts of the ultra-Orthodox community, is a constitutionally protected religious activity. He said that requiring ritual circumcisers, known collectively as mohelim, to be involved in conveying the city’s perspective on the procedure would infringe upon their rights of free speech.


“That lies at the heart of First Amendment protection,” Mr. Dvoretzky said.


But a lawyer for the city argued that the regulation was necessary and that the practice most likely caused 11 herpes infections in infants between 2004 and 2011. Two of the infected babies died; at least two others suffered brain damage.


“The health department is not looking at the religion in determining what to do about this conduct,” said Michelle L. Goldberg-Cahn, a lawyer for the city. “The city is looking at the conduct.”


The Orthodox groups, including Agudath Israel of America and the Central Rabbinical Congress, sued the city in October to block the regulation, which was approved by the New York City Board of Health in September but is suspended until a ruling is issued in this case. The groups say that the procedure is safe and that the city has not definitively linked infections to the practice.


Infectious disease experts, several of whom filed briefs in support of the regulation, widely agree that the oral contact, known in Hebrew as metzitzah b’peh, creates a risk of transmission of herpes that can be deadly to infants because of their underdeveloped immune systems.


On Tuesday, Judge Naomi Reice Buchwald, of Federal District Court in Manhattan, heard oral arguments in the case, one that pits the sanctity of ancient religious rituals against the rigors of both modern medicine and secular government regulation. She said her decision would come within a few weeks.


Her sharpest inquiries were directed at Mr. Dvoretzky, the lawyer for the Orthodox groups.


She raised a hypothetical situation in which a single religious group amputates left pinkie fingers at birth, and asked Mr. Dvoretzky whether the city would have the authority to regulate the activity. He said it would depend upon whether the practice caused immediate, serious harm.


Judge Buchwald also said there was a direct comparison to consent requirements placed on physicians when they perform a circumcision.


Mr. Dvoretzky called that an “apples and oranges” comparison, because a physician would not perform a metzitzah b’peh.


“Wait a second,” Judge Buchwald interrupted. “They can’t perform any circumcision without consent. It’s a surgery.”


Mr. Dvoretzky said the city should undertake a broad education campaign, to prevent all infant herpes infections.


But Judge Buchwald said such a campaign would have little impact, because the risk of infections is medically well-known.


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