High court to hear key gay-marriage cases

A same sex marriage supporter waves a gay pride flag outside the Supreme Court (Chip Somodevilla/Getty Images)

The Supreme Court announced Friday that it will decide two major gay marriage cases next year that could have a sweeping effect on the rights of same-sex couples to wed. The cases, which likely won't be decided until June, mark the first time the justices will consider arguments for and against same-sex marriage.

The court will review California's gay marriage ban, which passed in a 2008 ballot initiative months after the California's high court had legalized same-sex unions and thousands of gay Californians had already tied the knot. Two federal courts have struck down Prop. 8 as discriminatory, leaving the Supreme Court to render a final judgment.

The justices will also hear a challenge to the federal Defense of Marriage Act, a law passed under President Bill Clinton that prevents the federal government from recognizing gay marriages. Windsor v. United States was brought by Edith Windsor, a resident of New York who paid $363,000 in estate taxes after her wife died because the federal government did not recognize their marriage. New York is one of nine states (and the District of Columbia) where gay marriage is legal, so Windsor argues that the federal government is discriminating against her by not recognizing her state-sanctioned marriage.

The Obama administration decided last year to no longer defend the Defense of Marriage Act, so Congress has hired outside counsel to argue on behalf of the law. Recently, two federal appeals courts had struck down the law as unconstitutional, virtually requiring the Supreme Court to take the case to settle the dispute between the courts and Congress.

Legal experts are skeptical that the court would deliver a sweeping ruling deciding whether or not all Americans, regardless of sexual orientation, have a fundamental right to marry. In the DOMA case, it's more likely they will narrowly decide whether the federal government has a legitimate interest in refusing to recognize same-sex married couples who wed in states where gay marriage is legal. (Marriage has traditionally been regulated by the states.)

In the Prop 8 case, justices may decide whether a ban on gay marriage is legal in the specific case of California, where gay couples were allowed to marry for several months before the ban passed. Such a narrow decision would not necessarily affect gay marriage bans that have passed in dozens of other states where same-sex marriage was never legal in the first place.

Ted Olson, a former U.S. solicitor general under President George W. Bush  and one of the lead attorneys in the battle against Prop 8, told reporters on Friday that he planned to argue that there's a "fundamental constitutional right to marry for all citizens." His co-counsel, David Boies, called same-sex marriage the civil rights issue of this era.

John Eastman, the chair for the anti-gay marriage National Organization for Marriage, said in a statement that he thinks the Supreme Court will uphold Prop 8 and DOMA. "We believe the U.S. Supreme Court will overturn this exercise in judicial activism and stop federal judges from legislating from the  bench on the definition of marriage," Eastman said.

For both cases, court-watchers will have their eyes trained firmly on swing justice Anthony Kennedy, who has a record of ruling in favor of gay rights. In 2003, Kennedy wrote the Court's opinion in Lawrence v Texas, a landmark decision that said the government cannot outlaw anal sex between consenting adults, whatever their sexual orientation. ("The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives and still retain their dignity as free persons," he wrote.) Kennedy also cast the deciding vote striking down a Colorado law that would have prevented local governments from passing laws specifically protecting gay and lesbian civil rights.

Because of Kennedy's history on the issue, many legal experts think there's a good chance the court will strike down DOMA, with Kennedy joining the court's four liberals for the decision. But the workings of the Supreme Court are notoriously hard to predict, and it's still a complete mystery what the nine justices will decide next June.

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Safety, need compete in typhoon-hit Philippines

NEW BATAAN, Philippines (AP) — The government's geological hazard maps show why this farming community was largely washed away by a powerful typhoon: "highly susceptible to flooding and landslides." That didn't stop some villagers from rebuilding Thursday, even with bodies still lying under the mud.

Most of the more than 370 people confirmed dead from Typhoon Bopha were killed in the steep mountain valley that includes New Bataan, a town crisscrossed by rivers and cleared from lush hillsides by banana, coconut, cocoa and mango farmers in 1968. Flooding was so widespread here that places people thought were safe, including two emergency shelters, became among the deadliest.

In the impoverished Philippines, where the jobless risk life and limb to feed their families, there is little the government can do once such danger zones spring up.

"It's not only an environmental issue, it's also a poverty issue," said Environment Secretary Ramon Paje. "The people would say, 'We are better off here. At least we have food to eat or money to buy food, even if it is risky.'

"But somehow we would like to protect their lives and if possible give them other sources of livelihood so that we can take them out of these permanent danger zones," Paje said.

More than 400 people remained missing Thursday after the typhoon struck the southern Philippines this week.

After a night of pounding rain, floodwaters started rising around 4 a.m. Tuesday, trapping farmer Joseph Requinto, his wife and two young children in their house near a creek.

"After that I saw some people being swept away," he told The Associated Press. He climbed up a hill, carrying his children, and the family found shelter behind boulders that shielded them from coconut trees rolling down the hill.

"The water was as high as a coconut tree," he said. "All the bamboo trees, even the big ones, were all mowed down."

Interior Secretary Mar Roxas, who visited New Bataan on Wednesday, saw the town covered in 15 centimeters (6 inches) of mud. He was told by townspeople that a pond or a small lake atop the mountain collapsed, causing torrents of water to rampage like a waterfall.

"There is hardly any structure that is undamaged in New Bataan town," he said. "Entire families may have been washed away."

New Bataan residents led reporters from Manila's GMA Television to a mound of felled trees that were swept down from the hills. At least five bodies were jammed beneath the rubble, with no sign that anyone had attempted to retrieve them. It was uncertain if there were more bodies at the site.

Dozens of people stared blankly at their devastated town as they waited at a government information center, hoping for word of missing relative. Authorities planned to display about 80 newly washed bodies in coffins at a Roman Catholic church Friday, hoping relatives will identify them.

The military said Thursday that 214 people died in Compostela Valley and 151 in nearby Davao Oriental province, with 31 others killed in other central and southern provinces. The typhoon, which hit the region with winds of 175 kph (109 mph), was over the South China Sea on Thursday and was expected to dissipate by the weekend.

Deadly floods are common on resource-rich Mindanao Island. Last December at the island's opposite end, 1,200 people died as a powerful storm overflowed rivers. Then and now, raging flash floods, logs and large rocks carried people to their deaths.

The Bureau of Mines and Geosciences had issued warnings before the typhoon to people living in flood-prone areas, but in the Compostela Valley, nearly every area is flood-prone.

Bureau Director Leo Jasareno said about 80 percent of the valley is a danger zone due to a combination of factors, including the mountains and rivers, as well as logging that has stripped hills of trees that minimize landslides and absorb rainwater. Logging has been banned since last year's fatal flooding, but it continues illegally.

Nearly 80 villages and soldiers died in the New Bataan village of Andap when a flash flood swamped the two emergency shelters and a military camp. Jasareno said Andap had been an especially dangerous place to be.

"There is the Mayo River there. It's a natural channel way of the water from the upstream," he said. "The water has no other path but Andap village."

People stay because the land is rich in natural resources, including timber and gold, which is dug by small-scale miners.

Compostela Valley Gov. Arturo Uy rejected criticism by scientists and central government officials that his flood-ravaged communities should relocate.

"It's not possible to have no houses there because even the town center was hit. You mean to say the whole town will be abandoned?" Uy told the AP. He doubted the basis for classifying the area as dangerous and said he had urged the central government to review the hazard maps.

Uy said previous floods had been far less damaging, and had never threatened the places where the doomed emergency centers had been set up: the village hall, a health center, a covered court.

"We thought they would be safe there, but the volume of water was so huge," he said.

The deaths came despite efforts by President Benigno Aquino III's government to force residents out of high-risk communities as the typhoon approached. Vice President Jejomar Binay on Thursday directed local executives, police and military officials not to allow those displaced to return to their homes in areas classified as danger zones. However, it wasn't clear how quickly and where substitute homes would be built.

On Thursday, residents armed with hammers began to repair devastated homes and wash their muddy belongings, taking advantage of the sunny weather.

They stopped when a rescuer in orange overalls blew his whistle. He had seen a hand sticking out of a muddy heap of logs, rocks and debris.

Soldiers and volunteers converged on the pile with shovels and crowbars. They pulled four bodies from the muck, including two children.

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Associated Press writers Jim Gomez, Teresa Cerojano, Oliver Teves and Hrvoje Hranjski in Manila contributed to this report.

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Actor Stephen Baldwin charged in NY tax case

WHITE PLAINS, N.Y. (AP) — Actor Stephen Baldwin was charged Thursday with failing to pay New York state taxes for three years, amassing a $350,000 debt.

Rockland County District Attorney Thomas Zugibe said Baldwin, of Upper Grandview, skipped his taxes in 2008, 2009 and 2010.

The youngest of the four acting Baldwin brothers pleaded not guilty at an arraignment and was freed without bail. His lawyer, Russell Yankwitt, said Baldwin should not have been charged.

"Mr. Baldwin did not commit any crimes, and he's working with the district attorney's office and the New York State Tax Department to resolve any differences," Yankwitt said.

The district attorney said Baldwin could face up to four years in prison if convicted. The actor is due back in court on Feb. 5.

Zugibe said Baldwin owes more than $350,000 in tax and penalties.

"We cannot afford to allow wealthy residents to break the law by cheating on their taxes," the district attorney said. "The defendant's repetitive failure to file returns and pay taxes over a period of several years contributes to the sweeping cutbacks and closures in local government and in our schools."

Thomas Mattox, the state tax commissioner, said, "It is rare and unfortunate for a personal income tax case to require such strong enforcement measures."

Baldwin, 46, starred in 1995's "The Usual Suspects" and appeared in 1989's "Born on the Fourth of July." He is scheduled to appear in March on NBC's "The Celebrity Apprentice."

His brothers Alec, William and Daniel are also actors.

A bankruptcy filing in 2009 said Stephen Baldwin owed $1.2 million on two mortgages, $1 million in taxes and $70,000 on credit cards.

In October, Baldwin pleaded guilty in Manhattan to unlicensed driving and was ordered to pay a $75 fine. Earlier this year, he lost a $17 million civil case in New Orleans after claiming that actor Kevin Costner and a business partner duped him in a deal related to the cleanup of the 2010 Gulf of Mexico oil spill. The actors and others had formed a company that marketed devices that separate oil from water.

Baldwin co-hosts a radio show with conservative talk figure Kevin McCullough.

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Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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Pelosi slams House GOP for taking break amid debt talks

House Minority Leader Nancy Pelosi today ripped House Republicans for scheduling a five-day break amid the " fiscal cliff" debate, asking why the chamber is not in session "trying to build confidence" and "find common ground" with only 26 days left until a mix of steep tax hikes and spending cuts take effect.

"Here we are, Thursday in December. The talk around here is what's going on at the negotiating table. Is anything going on at the negotiating table?" Pelosi, D-Calif., wondered at her weekly news conference. "I can't even explain to my constituents why Congress isn't in session now trying to at least build bridges of understanding and representing."

The GOP-controlled House concluded legislative business Wednesday afternoon after a light floor schedule this week. House Majority Leader Eric Cantor cancelled one day of legislative business previously scheduled for today, and also cut next Friday from the calendar. Cantor, however, announced Wednesday that he has added an unspecified number of days to the legislative calendar the week of Dec. 17.

"I'm really surprised that the Republicans would leave," Pelosi said. "With all that needs to be done, [are House Republicans] avoiding the conversation? Sounds like people don't want to be in town for some reason."

At least one top House Republican, however, stayed at the Capitol: House Speaker John Boehner.

President Obama and Boehner spoke on the phone Wednesday afternoon, but no details were released about the conversation. An aide to the speaker said that "the lines of communication are open" today.

Pelosi, who said she remains in close contact with the president, has repeatedly described a Republican counter-proposal this week as "an assault" on the middle class, seniors and the country's future. She also criticized the proposal for failing to detail how Republicans would specifically achieve savings if they refused to raise tax rates on the wealthiest taxpayers.

"Why are we not here getting information?" Pelosi said. "What are we talking about here? What are we talking about when we say restructure entitlements? What does restructure mean? Destroy? Wither on the vine? Voucherize? Or does it mean let's work together to make these stronger and improve benefits for the beneficiaries?"

But with a stalemate on tax rates, even negotiations between White House and congressional staffs seem to have ground to a halt.

"It's hard to explain to anyone why there's even a mystery in the conversation that we shouldn't be having the upper 2 percent of our population paying its fair share," she said. "How do you start by saying we want to know what you're going to do to seniors before we will do what we know we have to do, which is make the wealthy pay their fair share?"

Pelosi also doubted whether the GOP proposal, which called for $600 billion in health-care savings through changes such as increasing the eligibility age for Medicare, would create adequate savings.

"Show me the money. I don't even know why that is something that people think is going to produce money. What are we going to do with people between 65 and 67?" she said. "It's not even the right thing to do, first and foremost, but is it a trophy that the Republicans want … to raise the rates for the wealthiest people in our country?"

Lawmakers return to the House for legislative business Tuesday, three weeks before the "fiscal cliff" kicks in.

The Senate is in session today.

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Death toll from Philippine typhoon nears 300

NEW BATAAN, Philippines (AP) — Stunned parents searching for missing children examined a row of mud-stained bodies covered with banana leaves while survivors dried their soaked belongings on roadsides Wednesday, a day after a powerful typhoon killed nearly 300 people in the southern Philippines.

Officials fear more bodies may be found as rescuers reach hard-hit areas that were isolated by landslides, floods and downed communications.

At least 151 people died in the worst-hit province of Compostela Valley when Typhoon Bopha lashed the region Tuesday, including 78 villagers and soldiers who perished in a flash flood that swamped two emergency shelters and a military camp, provincial spokeswoman Fe Maestre said.

Disaster-response agencies reported 284 dead in the region and 14 fatalities elsewhere from the typhoon, one of the strongest to hit the country this year.

About 80 people survived the deluge in New Bataan with injuries, and Interior Secretary Mar Roxas, who visited the town, said 319 others remained missing.

"These were whole families among the registered missing," Roxas told the ABS-CBN TV network. "Entire families may have been washed away."

The farming town of 45,000 people was a muddy wasteland of collapsed houses and coconut and banana trees felled by Bopha's ferocious winds.

Bodies of victims were laid on the ground for viewing by people searching for missing relatives. Some were badly mangled after being dragged by raging flood waters over rocks and other debris. A man sprayed insecticide on the remains to keep away swarms of flies.

A father wept when he found the body of his child after lifting a plastic cover. A mother, meanwhile, went away in tears, unable to find her missing children. "I have three children," she said repeatedly, flashing three fingers before a TV cameraman.

Two men carried the mud-caked body of an unidentified girl that was covered with coconut leaves on a makeshift stretcher made from a blanket and wooden poles.

Dionisia Requinto, 43, felt lucky to have survived with her husband and their eight children after swirling flood waters surrounded their home. She said they escaped and made their way up a hill to safety, bracing themselves against boulders and fallen trees as they climbed.

"The water rose so fast," she told AP. "It was horrible. I thought it was going to be our end."

In nearby Davao Oriental, the coastal province first struck by the typhoon as it blew from the Pacific Ocean, at least 115 people perished, mostly in three towns that were so battered that it was hard to find any buildings with roofs remaining, provincial officer Freddie Bendulo and other officials said.

"We had a problem where to take the evacuees. All the evacuation centers have lost their roofs," Davao Oriental Gov. Corazon Malanyaon said.

The International Federation of Red Cross and Red Crescent Societies issued an urgent appeal for $4.8 million to help people directly affected by the typhoon.

The sun was shining brightly for most of the day Wednesday, prompting residents to lay their soaked clothes, books and other belongings out on roadsides to dry and revealing the extent of the damage to farmland. Thousands of banana trees in one Compostela Valley plantation were toppled by the wind, the young bananas still wrapped in blue plastic covers.

But as night fell, however, rain started pouring again over New Bataan, triggering panic among some residents who feared a repeat of the previous day's flash floods. Some carried whatever belongings they could as they hurried to nearby towns or higher ground.

After slamming into Davao Oriental and Compostela Valley, Bopha roared quickly across the southern Mindanao and central regions, knocking out power in two entire provinces, triggering landslides and leaving houses and plantations damaged. More than 170,000 fled to evacuation centers.

As of Wednesday evening, the typhoon was over the South China Sea west of Palawan province. It was blowing northwestward and could be headed to Vietnam or southern China, according to government forecasters.

The deaths came despite efforts by President Benigno Aquino III's government to force residents out of high-risk communities as the typhoon approached.

Some 20 typhoons and storms lash the northern and central Philippines each year, but they rarely hit the vast southern Mindanao region where sprawling export banana plantations have been planted over the decades because it seldom experiences strong winds that could blow down the trees.

A rare storm in the south last December killed more than 1,200 people and left many more homeless.

The United States extended its condolences and offered to help its Asian ally deal with the typhoon's devastation. It praised government efforts to minimize the deaths and damage.

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Associated Press writers Jim Gomez, Teresa Cerojano and Oliver Teves in Manila contributed to this report.

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NBR Awards name 'Zero Dark Thirty' best film

NEW YORK (AP) — Kathryn Bigelow's "Zero Dark Thirty" continued to gather awards momentum as the National Board of Review named the Osama bin Laden hunt docudrama the best film of the year.

The board is the second notable group to name "Zero Dark Thirty" best film, following the New York Film Critics Circle. The two early awards suggest the film may be the Academy Awards frontrunner, four years after Bigelow's "The Hurt Locker" triumphed at the Oscars.

The film took three awards Wednesday from the National Board of Review, which also named Bigelow best director and Jessica Chastain, who stars as a CIA agent, best actress.

The group also gave a boost to the "Silver Linings Playbook," David O. Russell's comedic drama about a mentally unstable former teacher (Bradley Cooper) attempting to reorder his life. Cooper was named best actor and Russell was given best adapted screenplay. (Best original screenplay went to Rian Johnson for his script to the thriller "Looper.")

Leonardo DiCaprio won best supporting actor for his performance as a wealthy slave owner in Quentin Tarantino's "Django Unchained." Best supporting actress went to Ann Dowd for her performance as a fast-food manager terrorized by a prank caller in "Compliance."

The board also cited Ben Affleck, director and star of the Iran hostage crisis drama "Argo," for special achievement in filmmaking. Best ensemble went to the cast of Tom Hooper's musical adaptation of "Les Miserables." The group is also highlighting John Goodman with its "spotlight award," noting the actor's work this year in "Argo," ''Flight," ''Paranorman" and "Trouble With the Curve."

The National Board of Review, a group of film academics, students and professionals founded in 1909, is one of the first groups to announce its picks for the year's best movies. The Los Angeles Film Critics announce their choices on Sunday. The Golden Globe nominations come Dec. 13.

The National Board of Review has some pedigree in picking films that have gone on to win best picture at the Oscars, though not in recent years. Last year, it selected "Hugo," while the academy chose "The Artist." In 2010, it selected "The Social Network" while the academy chose "The King's Speech."

In addition to individual awards, the board also lists its top 10 films, in no particular order: "Zero Dark Thirty," ''Argo," ''Lincoln," ''Beasts of the Southern Wild," ''Django Unchained," ''Looper," ''Les Miserables," ''The Perks of Being a Wallflower," ''Silver Linings Playbook" and "Promised Land."

The awards will be handed out at a gala on Jan. 8 in New York at Cipriani's, to be hosted by Meredith Vieira.

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Online:

http://www.nbrmp.org/

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Follow Jake Coyle on Twitter at http://twitter.com/jake_coyle

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Longer tamoxifen use cuts breast cancer deaths

Breast cancer patients taking the drug tamoxifen can cut their chances of having the disease come back or kill them if they stay on the pills for 10 years instead of five years as doctors recommend now, a major study finds.

The results could change treatment, especially for younger women. The findings are a surprise because earlier research suggested that taking the hormone-blocking drug for longer than five years didn't help and might even be harmful.

In the new study, researchers found that women who took tamoxifen for 10 years lowered their risk of a recurrence by 25 percent and of dying of breast cancer by 29 percent compared to those who took the pills for just five years.

In absolute terms, continuing on tamoxifen kept three additional women out of every 100 from dying of breast cancer within five to 14 years from when their disease was diagnosed. When added to the benefit from the first five years of use, a decade of tamoxifen can cut breast cancer mortality in half during the second decade after diagnosis, researchers estimate.

Some women balk at taking a preventive drug for so long, but for those at high risk of a recurrence, "this will be a convincer that they should continue," said Dr. Peter Ravdin, director of the breast cancer program at the UT Health Science Center in San Antonio.

He reviewed results of the study, which was being presented Wednesday at a breast cancer conference in San Antonio and published by the British medical journal Lancet.

"The result of this trial will have a major, immediate impact on premenopausal women," Ravdin said.

About 50,000 of the roughly 230,000 new cases of breast cancer in the United States each year occur in women before menopause. Most breast cancers are fueled by estrogen, and hormone blockers are known to cut the risk of recurrence in such cases.

Tamoxifen long was the top choice, but newer drugs called aromatase inhibitors — sold as Arimidex, Femara, Aromasin and in generic form — do the job with less risk of causing uterine cancer and other problems.

But the newer drugs don't work well before menopause. Even some women past menopause choose tamoxifen over the newer drugs, which cost more and have different side effects such as joint pain, bone loss and sexual problems.

The new study aimed to see whether over a very long time, longer treatment with tamoxifen could help.

Dr. Christina Davies of the University of Oxford in England and other researchers assigned 6,846 women who already had taken tamoxifen for five years to either stay on it or take dummy pills for another five years.

Researchers saw little difference in the groups five to nine years after diagnosis. But beyond that time, 15 percent of women who had stopped taking tamoxifen after five years had died of breast cancer versus 12 percent of those who took it for 10 years. Cancer had returned in 25 percent of women on the shorter treatment versus 21 percent of those treated longer.

Tamoxifen had some troubling side effects: Longer use nearly doubled the risk of endometrial cancer. But it rarely proved fatal, and there was no increased risk among premenopausal women in the study — the very group tamoxifen helps most.

"Overall the benefits of extended tamoxifen seemed to outweigh the risks substantially," Dr. Trevor Powles of the Cancer Centre London wrote in an editorial published with the study.

The study was sponsored by cancer research organizations in Britain and Europe, the United States Army, and AstraZeneca PLC, which makes Nolvadex, a brand of tamoxifen, which also is sold as a generic for 10 to 50 cents a day. Brand-name versions of the newer hormone blockers, aromatase inhibitors, are $300 or more per month, but generics are available for much less.

The results pose a quandary for breast cancer patients past menopause and those who become menopausal because of their treatment — the vast majority of cases. Previous studies found that starting on one of the newer hormone blockers led to fewer relapses than initial treatment with tamoxifen did.

Another study found that switching to one of the new drugs after five years of tamoxifen cut the risk of breast cancer recurrence nearly in half — more than what was seen in the new study of 10 years of tamoxifen.

"For postmenopausal women, the data still remain much stronger at this point for a switch to an aromatase inhibitor," said that study's leader, Dr. Paul Goss of Massachusetts General Hospital. He has been a paid speaker for a company that makes one of those drugs.

Women in his study have not been followed long enough to see whether switching cuts deaths from breast cancer, as 10 years of tamoxifen did. Results are expected in about a year.

The cancer conference is sponsored by the American Association for Cancer Research, Baylor College of Medicine and the UT Health Science Center.

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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White House preps Plan B if debt talks fail

White House press secretary Jay Carney (Charles Dharapak/AP)President Barack Obama's budget office is preparing for the possibility that "fiscal cliff" talks will fail, triggering painful automatic cuts to domestic and defense programs that he and his Republican foes officially want to avoid. White House press secretary Jay Carney described the planning as an abundance of caution, not pessimism about the seemingly stalled negotiations.

The White House's Office of Management and Budget this week "issued a request to federal agencies" for information needed to finalize calculations on the spending cuts required under what is technically known as "sequestration," Carney told reporters at his daily briefing. OMB is "acting responsibly," he added.

"The administration remains focused on reaching agreement, as we've been discussing, on a balanced deficit-reduction plan that avoids sequestration" he said. "This action should not be read … as a change in the administration's commitment to reach an agreement and avoid sequestration."Leaders of both parties have pledged to work together in the coming weeks, and we are confident, as I just said, that we can reach an agreement. However, with less than one month left before a potential sequestration order would have to be issued, the Office of Management and Budget must take certain steps to ensure the administration is ready to issue such an order should Congress fail to act."

Carney's comments came as talks on the fiscal cliff—a series of tax hikes and government spending cuts that could plunge the economy into a new recession—seemed to be making no headway. Obama and congressional Republicans have each put a proposal on the table but do not appear to be actively involved in negotiating a compromise.

"If our offer is not acceptable to the president, then he has an obligation to show leadership by presenting a credible plan of his own that can pass both houses of Congress," Republican House Speaker John Boehner said. Boehner accused Obama of snubbing spending cuts he accepted in the past (notably in failed 2011 negotiations) and failing to lay out "serious spending cuts."

"This is preventing us from reaching an agreement," Boehner continued. "With the American economy on the brink of the fiscal cliff, we don't have time for the president to continue shifting the goal posts. We need to solve this problem."

Obama, meanwhile, flatly dismissed the idea that Republicans might use next year's vote on raising the country's debt limit as leverage in current fiscal cliff negotiations, saying it won't be entertained by the White House.

While talks between Obama and Boehner appeared to be in a deep freeze, the president and congressional leaders met separately with top executives of the Business Roundtable association in Washington. A BRT official said the group met with Republican House Majority Whip Kevin McCarthy, then Democratic Senate Finance Committee Chairman Max Baucus and Republican Sen. John Thune, who sits on the Finance and Budget committees.

BRT Chairman Jim McNerney, president and CEO of Boeing, described the discussion with Obama as "candid and constructive" and the chat with congressional leaders as "constructive."

He noted that "we encourage both sides to work around the clock, if necessary, to avoid the severe repercussions that inaction would have on U.S. economic growth and job creation."

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Powerful typhoon kills at least 74 in Philippines

MANILA, Philippines (AP) — At least 43 villagers and soldiers drowned in a southern Philippine town Tuesday when torrents of water dumped by a powerful typhoon cascaded down a mountain, engulfing emergency shelters and an army truck, officials said. The deaths raised the toll from one of the strongest storms to hit the country this year to at least 74.

Gov. Arturo Uy said rain from Typhoon Bopha accumulated atop a mountain and then burst down on Andap village in New Bataan town in hard-hit Compostela Valley province. The victims included villagers who had fled from their homes to a school and village hall, which were then swamped by the flash flood. An army truck carrying soldiers and villagers was washed away, according to Uy and army officials.

"They thought that they were already secure in a safe area, but they didn't know the torrents of water would go their way," Uy told DZBB radio.

He said the confirmed death toll in the town was likely to rise because several other bodies could not immediately be retrieved from floodwaters strewn with huge logs and debris.

Bopha slammed into Davao Oriental province region at dawn, its ferocious winds ripping roofs from homes and its 500-kilometer (310-mile) -wide rain band flooding low-lying farmland.

The storm, packing winds of 140 kilometers (87 miles) per hour and gusts of up to 170 kph (106 mph), toppled trees, triggered landslides and sent flash floods surging across the region's mountains and valleys.

Two entire provinces lost power and more than 100 domestic flights were canceled. About 60,000 people fled to emergency shelters.

Twenty-three people drowned or were pinned by fallen trees or collapsed houses in Davao Oriental province's coastal town of Cateel, which had the most deaths after New Bataan, Davao Oriental Gov. Corazon Malanyaon told the ABS-CBN TV network, citing police reports.

Some towns in the province were so battered that no roofs remained on buildings, Malanyaon said.

The other deaths included three children who were buried by a wall of mud and boulders that plunged down a mountain in Marapat village, also in Compostela Valley. Their bodies were wrapped in blankets by their grieving relatives and placed on a stage in a basketball court.

"The only thing we could do was to save ourselves. It was too late for us to rescue them," said Valentin Pabilana, who survived the landslide.

In Davao Oriental, a poor agricultural and gold-mining province about 1,000 kilometers (620 miles) southeast of Manila, an elderly woman was killed when her house was struck by a falling tree, said Benito Ramos, who heads the government's disaster-response agency.

The other victims either drowned or were hit by trees, he said, adding that the death toll was expected to rise.

While some 20 typhoons and storms normally lash the archipelago nation annually, the southern provinces battered by Bopha are unaccustomed to fierce typhoons, which normally hit the northern and central Philippines.

A rare storm last December killed more than 1,200 people and left many more homeless and traumatized, including in Cagayan de Oro city, where church bells pealed relentlessly on Tuesday to warn residents to scramble to safety as a major river started to swell.

Officials were taking no chances this year, and President Benigno Aquino III appealed on national TV on Monday for people in Bopha's path to move to safety and take storm warnings seriously.

In Compostela Valley, authorities halted mining operations and ordered villagers to evacuate to prevent a repeat of deadly losses from landslides and the collapse of mine tunnels in previous storms.

Bopha, a Cambodian word for flower or a girl, is the 16th weather disturbance to hit the Philippines this year. Forecasters say at least one more storm may strike the country before Christmas.

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Associated Press writer Teresa Cerojano contributed to this report.

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