"Argo" took home the top prize as best picture at the Oscars Sunday night, with first lady Michelle Obama announcing the winner from the White House.
"You directed a hell of a film," co-producer Grant Heslov told director and fellow producer Ben Affleck. "I couldn't be more proud of the film and more proud of our director."
Affleck was snubbed in the directing category but humbly accepted the best picture Oscar as one of the three producers on the film. George Clooney was the third.
Affleck thanked Stephen Spielberg and the other best picture nominees and his wife Jennifer Garner for "working on our marriage."
"It's good, it's work," he said, adding, "but there's no one I'd rather work with."
For Full List of Winners
Acknowledging his last Oscar win, as a screenwriter for "Good Will Hunting," Affleck said, "I was really just a kid. I never thought I would be back here."
In the acting categories, Daniel Day-Lewis won the Oscar for best actor, being the first actor to three-peat in that category. As he accepted the award from Hollywood's greatest actress, Meryl Streep, he joked, "I had actually been committed to play Margaret Thatcher. ... Meryl was Stephen's first choice for Lincoln."
He also thanked his wife, Rebecca Miller, for "living with some very strange men," with each new role that he takes on.
"She's the versatile one in the family and she's been the perfect companion to all of them," he said.
Kevin Winter/Getty Images
Jennifer Lewis won the award for best actress. She tripped on the stairs on her way to accepting her award but picked herself up and made her way to the stage, earning a standing ovation.
"You're just standing up because you feel bad that I fell and that's embarrassing," she said, before rattling off a list of thank-yous and leaving the stage looking slightly stunned.
Related: Oscars 2013 Live Blog
"Life of Pi," which had a total of 11 nominations, was another big winner of the night. Director Ang Lee took home the Oscar for best director over Stephen Spielberg and David O. Russell.
"Thank you, movie god," Lee said, accepting his award.
As expected, the film took home the first technical awards of the night for cinematography and visual effects. "Life of Pi" also won for best original score.
The first big acting awards of the night went to Christoph Waltz and Anne Hathaway in the supporting actor categories.
In one of the biggest tossups, Waltz claimed the award for supporting actor for his role in "Django Unchained." It was his second Oscar for a Quentin Tarantino film; his first was for Tarantino's "Inglourious Basterds."
PHOTOS: Stars on the Red Carpet
As expected, Hathaway took home the award for best supporting actress for her role as Fantine in "Les Miserables."
"It came true," she said, launching into a breathy speech, in which she thanked the cast and crew, her team and her husband. "The greatest moment of my life was when you walked into it," she said.
Quentin Tarantino won the Oscar for best original screenplay for his slave revenge western "Django Unchained." He thanked his cast.
"I have to cast the right people," he said. "And boy this time did I do it."
Chris Terrio won the award for best adapted screenplay for "Argo," which also won for film editing.
For only the sixth time in Academy history, there was a tie at the Oscars. "Zero Dark Thirty" and "Skyfall" tied for sound editing.
A new market for second-hand digital downloads could let us hold virtual yard sales of our ever-growing piles of intangible possessions
WHY buy second-hand? For physical goods, the appeal is in the price – you don't mind the creases in a book or rust spots on a car if it's a bargain. Although digital objects never lose their good-as-new lustre, their very nature means there is still uncertainty about whether we actually own them in the first place, making it tricky to set up a second-hand market. Now an Amazon patent for a system to support reselling digital purchases could change that.
Amazon's move comes after last year's European Union ruling that software vendors cannot stop customers from reselling their products. But without technical support, the ruling has had no impact. In Amazon's system, customers will keep their digital purchases – such as e-books or music – in a personal data store in the cloud that only they can access, allowing them to stream or download the content.
This part is like any cloud-based digital locker except that the customer can resell previous purchases by passing the access rights to another person. Once the transaction is complete, the seller will lose access to the content. Any system for reselling an e-book, for example, would have to ensure that it is not duplicated in the transaction. That means deleting any copies the seller may have lying around on hard drives, e-book readers, and other cloud services, since that would violate copyright.
Amazon may be the biggest company to consider a second-hand market, but it is not the first. ReDigi, based in Boston, has been running a resale market for digital goods since 2011. After downloading an app, users can buy a song on ReDigi for as little as 49 cents that would costs 99 cents new on iTunes.
When users want to sell an item, they upload it to ReDigi's servers via a mechanism that ensures no copy is made during the transfer. Software checks that the seller does not retain a copy. Once transferred, the item can be bought and downloaded by another customer. ReDigi is set to launch in Europe in a few months.
Digital items on ReDigi are cheaper because they are one-offs. If your hard drive crashes and you lose your iTunes collection you can download it again. But you can only download an item from ReDigi once – there is no other copy. That is the trade-off that makes a second-hand digital market work: the risk justifies the price. The idea has ruffled a few feathers – last year EMI sued ReDigi for infringement of copyright. A judge denied the claim, but the case continues.
Used digital goods can also come with added charm. ReDigi tracks the history of the items traded so when you buy something, you can see who has owned it and when. ReDigi's second-hand marketplace has grown into a social network. According to ReDigi founder John Ossenmacher, customers like seeing who has previously listened to a song. "It's got soul like an old guitar," he says. "We've introduced this whole feeling of connectedness."
It could be good for business too if the original vendors, such as iTunes, were to support resale and take a cut of the resell price. Nevertheless, Amazon's move bucks the industry trend. Microsoft's new Xbox, for example, is expected not to work with second-hand games.
But the market could change rapidly now that Amazon's weight is behind this, says Ossenmacher. "The industry is waking up."
This article appeared in print under the headline "Old MP3, one careful owner"
If you would like to reuse any content from New Scientist, either in print or online, please contact the syndication department first for permission. New Scientist does not own rights to photos, but there are a variety of licensing options available for use of articles and graphics we own the copyright to.
All comments should respect the New Scientist House Rules. If you think a particular comment breaks these rules then please use the "Report" link in that comment to report it to us.
If you are having a technical problem posting a comment, please contact technical support.
SHANGHAI: Gold production in China, the world's second largest market for the precious metal, surged nearly 12 percent year-on-year last year despite a slowdown in the domestic economy, state media reported.
Output rose to 403.1 tonnes in 2012, up 11.66 percent from 2011, the official Xinhua news agency said late Saturday, quoting figures from the Ministry of Industry and Information Technology.
China is the world's second largest consumer of gold after India. A global industry group, the World Gold Council, has put China's consumer demand for gold at 776.1 tonnes last year, flat from 2011.
The council attributed the stable Chinese demand to a slowdown in the domestic economy and consolidation in gold prices which discouraged investors, according to its latest report released this month.
China's economy -- the world's second largest -- grew at its slowest pace in 13 years in 2012, expanding 7.8 percent from the year before.
But the economy has been showing renewed vigour since late last year, with growth accelerating in the final three months of 2012 to 7.9 percent, snapping seven straight quarters of weakening expansion.
"The signs of economic improvement bode well for gold demand in China, although the indications are for a steady firming of demand rather than for strong growth," the World Gold Council said.
China's Ministry of Industry said domestic gold prices dropped in December last year as worries over the US "fiscal cliff" caused uncertainty.
US lawmakers clinched a last-gasp deal to avoid the fiscal cliff of tax hikes and spending cuts.
China's gold producers recorded a combined 35 billion yuan (US$5.6 billion) in profits last year, up just 4.0 percent from 2011, the ministry said.
Ammar Asim Faruq Harris, 26, suspected in a shooting on the Las Vegas Strip on Thursday, is still at large, police said.
STORY HIGHLIGHTS
The suspect fired from his Range Rover at a Maserati in Las Vegas, police say
26-year-old Ammar Harris is at large, though his car has been impounded, they add
The Maserati's driver was shot, then hit a taxi spurring an explosion that left 2 dead
The father of the Maserati's driver, an aspiring rapper, says he was "a good boy"
Follow the story here and at CNN affiliates KVVU, KLAS, KTNV and KSNV.
Las Vegas (CNN) -- Police have identified a suspect in a fatal shooting and crash on the Las Vegas Strip that left three people dead.
The suspect is 26-year-old Ammar Asim Faruq Harris, the Las Vegas Metropolitan Police Department said Saturday in a press release. He is at large, though a black Range Rover police said he was driving early Thursday morning has been impounded.
Kenneth Cherry, an aspiring rapper known as Kenny Clutch, was driving his Maserati around 4:20 a.m. Thursday when someone in a Range Rover shot at his car as it headed north on Las Vegas Boulevard.
The Maserati continued into the intersection of the boulevard and Flamingo Road and collided with a taxi, which caught fire, killing cab driver Michael Boldon, CNN affiliate KVVU said.
A passenger in that taxi -- identified by the Clark County coroner's office as Sandra Sutton-Wasmund, 48, of Maple Valley, Washington -- also died. Her death and the deaths of Boldon and Cherry have been ruled homicides, according to the coroner's office.
See an iReporter's video of the fire
The fire closed a block and a half of the Strip near some of its biggest draws: Caesars Palace, the Bellagio, Bally's and the Flamingo. Police collectedsurveillance video from the casinos.
The shooting took place two blocks from where rapper Tupac Shakur was killed in 1996.
The 27-year-old Cherry leaves behind three children, the oldest being 2 years old and the youngest just 2 months, his father said. He died after being shot in the chest and arm.
Kenneth Cherry Sr. blasted news reports and social media messages about his son, claiming some had falsely characterized him as a person "involved in the rap life." He also disputed accounts that his son exchanged gunfire with the Range Rover's driver, saying he wasn't even armed at the time.
"I don't like the way that some of the media stations are portraying my son, because he was black, (like) he's a criminal," the elder Cherry told reporters. "My son was a good boy."
While the police department statement named Harris as the suspect, it did not indicate any charges have been filed so far.
CNN's Elwyn Lopez, Traci Tamura and Miguel Marquez contributed to this report.
DAYTONA BEACH, Fla. At least 33 fans were injured Saturday during a NASCAR race when a car flew into the fence at Daytona International Speedway, hurling a tire and large pieces of debris into the stands.
The accident happened on the last lap of the second-tier Nationwide Series race on the eve of Sunday's Daytona 500, which officials said would go on as scheduled.
The crash began as the field approached the checkered flag and leader Regan Smith attempted to block Brad Keselowski to preserve the win. That triggered a chain reaction, and rookie Kyle Larson hit the cars in front of him and went airborne into the fence.
The entire front end was sheared off Larson's car, and his burning engine wedged through a gaping hole in the fence. Chunks of debris from the car were thrown into the stands, including a tire that cleared the top of the fence and landed midway up the spectator section closest to the track.
The 20-year-old Larson stood in shock several yards away from his car as fans in the stands waived frantically for help. Smoke from the burning engine briefly clouded the area, and emergency vehicles descended on the scene.
Ambulance sirens could be heard wailing behind the grandstands at a time the race winner would typically be doing celebratory burnouts.
"It was freaky. When I looked to my right, the accident happened," said Rick Harpster of Orange Park, Fla., who had a bird's-eye view of the wreck. "I looked over and I saw a tire fly straight over the fence into the stands, but after that I didn't see anything else That was the worst thing I have seen, seeing that tire fly into the stands. I knew it was going to be severe."
Daytona International Speedway released a statement from speedway President Joie Chitwood Saturday evening saying 28 people were injured in the accident in the race held the day before the season-opening Daytona 500.
21 Photos
Daytona racecar loses control
According to the statement, emergency medical personnel transported 14 people off the property and 14 others were treated at the on-track care center.
"We are in the process of repairing the facility, and we will be ready to go racing tomorrow," Chitwood said.
Nathan Kimpel, 24, who works at a concession stand near where the crash happened, told CBS News correspondent Adriana Diaz that he saw 10 to 15 fans being carried out on stretchers.
"As soon as I saw the accident I just turned my head because I didn't want to get injured or anything," Kimpel told Diaz. "I saw the fence separate and more pieces of car parts flying up."
Meghan Willams, 20, who also works at a concession stand, told Diaz the crash sounded like an "earthquake." She saw people running and crying and a girl completely covered in engine oil.
Byron Cogdell, a spokesman for Halifax Health Medical Center, told CBS News that one of the 11 patents taken to the hospital was in critical condition and five more were listed as "trauma" patients.
Lindsay Rew, a spokeswoman for Florida Hospital Memorial Medical Center, said its Daytona Beach hospital had one fan there who was in good condition. She said they were expecting three more people who were coming by ambulance, but she didn't yet know their conditions.
"There obviously was some intrusion into the fence and fortunately with the way the event's equipped up, there were plenty of emergency workers ready to go and they all jumped in on it pretty quickly," NASCAR President Mike Helton said. "Right now, it's just a function of determining what all damage is done. They're moving folks, as we've seen, to care centers and take some folks over to Halifax Medical."
As emergency workers tended to injured fans and ambulance sirens wailed in the background, a somber Tony Stewart skipped the traditional post-race victory celebration.
Stewart, who won for the 19th time at Daytona and seventh time in the last nine season-opening Nationwide races, was in no mood to celebrate.
"The important thing is what going on on the frontstretch right now," said Stewart, the three-time NASCAR champion. "We've always known, and since racing started, this is a dangerous sport. But it's hard. We assume that risk, but it's hard when the fans get caught up in it.
"So as much as we want to celebrate right now and as much as this is a big deal to us, I'm more worried about the drivers and the fans that are in the stands right now because that was ... I could see it all in my mirror, and it didn't look good from where I was at."
The accident spread into the upper deck and emergency crews treated fans on both levels. There were five stretchers that appeared to be carrying fans out, and a helicopter flew overhead. A forklift was used to pluck Larson's engine out of the fence.
"It's a violent wreck. Just seeing the carnage on the racetrack, it's truly unbelievable," driver Justin Allgaier said.
It was a chaotic finish to a race that was stopped for nearly 20 minutes five laps from the finish by a 13-car accident that sent driver Michael Annett to a hospital, where his Richard Petty Motorsports team said he would be held overnight with bruising to his chest.
The race resumed with three laps to go, and the final accident occurred with Smith trying to hold off Keselowski through the final turn.
"I tried to throw a block. It's Daytona, you want to go for the win here," Smith said. "I don't know how you can play it any different other than concede second place, and I wasn't willing to do that today. Our job is to put them in position to win, and it was, and it didn't work out."
As the cars began wrecking all around Smith and Keselowski, Stewart slid through for the win, but Larson plowed into Keselowski and his car was sent airborne into the stands. When Larson's car came to a stop, it was missing its entire front end. The 20-year-old, who made his Daytona debut this week, stood apparently stunned, hands on his hips, several feet away from his car, before finally making the mandatory trip to the care center.
He said his first thought was with the fans.
"I hope all the fans are OK and all the drivers are all right," Larson said. "I took a couple big hits there and saw my engine was gone. Just hope everybody's all right."
"Honestly, the race itself pales in comparison to the injuries sustained by the fans," said Chip Ganassi, the team owner who has Larson in his driver development program. "Our thoughts and prayers go out to all the fans that were injured as a result of the crash. As for Kyle, I am very happy that he is OK."
Keselowski watched a replay of the final accident, and said his first thoughts were with the fans. As for the accident, he agreed he tried to make a winning move and Smith tried to block.
"He felt like that's what he had to do, and that's his right. The chaos comes with it," Keselowski said. "I made the move and he blocked it, and the two of us got together and started the chain events that caused that wreck. First and foremost, just want to make sure everyone in the stands is OK and we're thinking about them."
Keselowski said the incident could cast a pall on the Daytona 500.
"I think until we know exactly the statuses of everyone involved, it's hard to lock yourself into the 500," Keselowski said. "Hopefully, we'll know soon and hopefully everyone's OK. And if that's the case, we'll staring focusing on Sunday."
Las Vegas police identified a suspect today in a shooting on the strip that caused a Maserati to hit a taxi and burst into flames, killing three people.
Ammar Harris, 26, has been named a suspect in the Thursday skirmish that killed three people, including rapper Kenny Clutch.
The altercation between Harris and Clutch, 27, whose legal name was Kenneth Cherry Jr., is believed to have originated in the valet area of a Las Vegas hotel, police said.
Police said Harris fired several rounds into a Maserati that was being driven by Cherry as both vehicles continued northbound on glitzy Las Vegas Boulevard.
The rapper's expensive sports car careened out of control after he was shot, slamming into several cars, including a taxi. The impact caused the cab to burst into flames, killing the driver, Michael Boldon and a female passenger. Witnesses said it looked like the car exploded.
"He was a number one guy," Carolyn Jean Trimble, Boldon's sister, told ABC News.
California Man's Carjacking Spree Takes 3 Victims Watch Video
Chicago Teen Killed Day of Obama's Anti-Violence Speech Watch Video
Dallas Courthouse Shooting Manhunt Intensify Watch Video
"I looked out my window and I could see one vehicle down here on the corner of the intersection totally engulfed in flames," witness John Lamb told ABC News.
Boldon, 62, and his passenger, who has not yet been identified, were both killed, as was Clutch.
Timble said her brother loved driving his taxi around Vegas.
"He came to live with me in Las Vegas last year to help take care of our mother, and the first day he got here he said, 'I have to get a job.' The second day, I came home from work, and he said he got a job," she recalled.
"He says, 'You'll never guess what it is,' and I said, 'what,' and he said, 'taxi cab driver,' and we both fell out laughing," Trimble said. "He loved that job. He never complained. He'd come home and tell me stories about what happened, who he picked up."
Boldon was a single father who raised a 36-year-old son and was a new grandfather. His grandson was named after him, Trimble said.
"Of all the people to take from this earth," she said. "But I guess the Lord needed him."
A passenger in the Maserati was hit and sustained only a minor injury to his arm. Clutch died at University Medical Center.
His father, Kenneth Cherry Sr., expressed his grief for the loss of his son while speaking with ABC News.
"This is something you never really, really ever want to experience as a parent, to lose a child before you go," he said.
Harris is described as 5-foot-11 and 180 pounds. Anyone with information is asked to contact the Las Vegas Metro Police Department's homicide division.
SUN-WORSHIP began even earlier than we thought. The world's oldest sedimentary rocks suggest an early form of photosynthesis may have evolved almost 3.8 billion years ago, not long after life appeared on Earth.
A hallmark of photosynthesis in plants is that the process splits water and produces oxygen gas. But some groups of bacteria oxidise substances like iron instead – a form of photosynthesis that doesn't generate oxygen. Evolutionary biologists think these non-oxygen-generating forms of photosynthesis evolved first, giving rise to oxygen-generating photosynthesis sometime before the Earth's atmosphere gained oxygen 2.4 billion years ago (New Scientist, 8 December 2012, p 12).
But when did non-oxygen-generating photosynthesis evolve? Fossilised microbial mats that formed in shallow water 3.4 billion years ago in what is now South Africa show the chemical fingerprints of the process. However, geologists have long wondered whether even earlier evidence exists.
The world's oldest sedimentary rocks – a class of rock that can preserve evidence of life – are a logical place to look, says Andrew Czaja of the University of Cincinnati in Ohio. These rocks, which are found in Greenland and date back almost 3.8 billion years, contain vast deposits of iron oxide that are a puzzle. "What could have formed these giant masses of oxidised iron?" asks Czaja.
To investigate, he analysed the isotopic composition of samples taken from the oxidised iron. He found that some isotopes of iron were more common than they would be if oxygen gas was indiscriminately oxidising the metal. Moreover, the exact isotopic balance varied subtly from point to point in the rock.
Both findings make sense if photosynthetic bacteria were responsible for the iron oxide, says Czaja. That's because these microbes preferentially oxidise only a small fraction of the dissolved iron, and the iron isotopes they prefer vary slightly as environmental conditions change (Earth and Planetary Science Letters, doi.org/kh5). His findings suggest that this form of photosynthesis appeared about 370 million years earlier than we thought.
It is "the best current working hypothesis for the origin of these deposits", says Mike Tice of Texas A&M University in College Station – one of the team who analysed the 3.4-billion-year-old microbial mats from South Africa.
William Martin at the University of Düsseldorf, Germany, agrees. "Anoxygenic photosynthesis is a good candidate for the isotope evidence they see," he says. "Had these fascinating results been collected on Mars, the verdict of the jury would surely remain open," says Martin Brasier at the University of Oxford. "But [on Earth] opinion seems to be swinging in the direction of non-oxygen-generating photosynthesis during the interval from 3.8 to 2.9 billion years ago."
This article appeared in print under the headline "Photosynthesis has truly ancient origins"
If you would like to reuse any content from New Scientist, either in print or online, please contact the syndication department first for permission. New Scientist does not own rights to photos, but there are a variety of licensing options available for use of articles and graphics we own the copyright to.
All comments should respect the New Scientist House Rules. If you think a particular comment breaks these rules then please use the "Report" link in that comment to report it to us.
If you are having a technical problem posting a comment, please contact technical support.
TAIPEI: Taiwan's former president Chen Shui-bian, jailed for corruption in 2009, has had his prison term extended by 18 months to 20 years due to a further bribery conviction.
Chen, 62, was already serving an 18 1/2-year term for corruption and money-laundering convictions relating to his 2000-2008 presidency -- charges he says stem from a vendetta by the current Beijing-friendly government.
The high court ruled Friday that Chen should serve the extra time for taking bribes from businessmen in a high-profile financial merger case. He was convicted of the offences in December.
Chen's wife Wu Shu-chen also saw her jail term extended to 20 years, although she has been spared from serving her sentence due to poor health.
The couple were also ordered to pay a total fine of Tw$450 million (US$15 million), the court said in a statement.
They face further charges in other cases, but legal experts say their sentences are unlikely to be extended again as individuals can only serve a maximum of 20 years in jail unless a life term is imposed.
Chen's supporters have urged the government to grant him parole for medical treatment saying he is suffering from depression and other health problems. He has been undergoing treatment in a Taipei public hospital since September.
Chen and his family have been accused of laundering millions of dollars by sending political donations and secret diplomatic funds abroad, and taking kickbacks on government contracts.
Chen insists that the charges against him are part of a politically motivated vendetta carried out by Taiwan's current government in retaliation for his eight years in power, when he promoted Taiwan's independence from China.
Edith Windsor (shown with Sen. Kirsten Gillibrand, D-N.Y., in December), is at the center of the upcoming Supreme Court case.
STORY HIGHLIGHTS
The Justice Department files first in a series of legal briefs involving two big cases
Supreme Court will hear arguments next month on Defense of Marriage Act
Lawyers for House GOP say they should be able to defend the marriage law in court
U.S. still deciding whether to intervene in second case involving California law
Washington (CNN) -- In a preview of a major constitutional showdown at the Supreme Court over same-sex marriage, the Obama administration said on Friday that a federal law denying financial benefits to legally wed gay and lesbian couples is unconstitutional.
The Justice Department filed the first of a series of briefs in a pair of cases dealing with the multilayered issue, outlining the executive branch's positions.
The high court will hear oral arguments next month on the Defense of Marriage Act (DOMA), a 1996 congressional law that says for federal purposes, marriage is defined as only between one man and one woman.
That means federal tax, Social Security, pension, and bankruptcy benefits, and family medical leave protections -- do not apply to gay and lesbian couples.
This case deals with Edith "Edie" Windsor, forced to assume an estate tax bill much larger than other married couples would have to pay. Because her decades-long partner was a woman, the federal government did not recognize the same-sex marriage in legal terms, even though their home state of New York did.
But now, led by President Barack Obama's recent political about-face, the administration opposes the law.
"Moral opposition to homosexuality, though it may reflect deeply held personal views, is not a legitimate policy objective that can justify unequal treatment of gay and lesbian people" contained in the DOMA law, Solicitor General Donald Verrilli said in the Justice Department's legal brief.
The separate case from California deals with Proposition 8, a 2008 voter-approved referendum banning same-sex marriage. This after the California high court had earlier concluded same-sex couples could legally wed. That case too will be heard in late March.
Though technically a party in the California case, government sources say the Justice Department was prepared next week to file an "amicus" or supporting brief asserting a constitutional right to same-sex marriage, and that Proposition 8 should be struck down as a violation of constitutionally guaranteed "equal protection" of the laws.
Those sources say Obama was expected to make the final call on whether to intervene in the state dispute.
"I have to make sure that I'm not interjecting myself too much in this process, particularly when we're not a party to the case," Obama said Wednesday in an interview with CNN affiliate KGO-TV in San Francisco.
Of more immediate concern was the DOMA fight, where the administration is squarely involved. But a tricky gateway or "jurisdictional" question threatens to stall any final consideration of the law's constitutionality. That was the focus of much of the Friday legal papers.
The DOMA law will be defended by House Republicans, after Obama concluded the law was unconstitutional.
Traditionally, that role would fall to the solicitor general's office. But Obama, in an election-year stunner, said last May that he supported same-sex marriage.
The president had already ordered Attorney General Eric Holder not to defend DOMA in court. That raised the question of whether any party could rightfully step in and defend the law.
Besides the constitutional issue, the justices had specifically ordered both sides to argue a supplemental question: whether congressional Republicans -- operating officially as the Bipartisan Legal Advisory Group of the U.S. House of Representatives -- have "standing" or legal authority to make the case.
Lawyers representing the House GOP said Friday that they should be able to take the lead and defend the law, since both Windsor and the Obama administration are taking the same legal position.
"Without the House's participation," said attorney Paul Clement, representing House leaders, "it is hard to see how there is any case or controversy here at all. Both Ms. Windsor and the executive agree that DOMA is unconstitutional and that Ms. Windsor was entitled to a [tax] refund. And the lower courts granted them all the relief they requested. Only the House's intervention provides the adverseness that Article III [federal court jurisdiction] demands."
But the Justice Department said it alone should present the government's case.
"House Republicans lack "any basis for supplanting the executive branch's exclusive role in representing the United States' interests in this litigation, and has no interests of its own that would satisfy" federal court scrutiny, said administration lawyers.
Windsor's legal team also said the House leaders could defend DOMA, at least partially, suggesting the woman wants ultimate resolution on the constitutional questions as soon as possible.
"I was devastated by the loss of the great love of my life, and I was also very sick, then had to deal with pulling together enough money to pay for the taxes," the 83-year-old Windsor told CNN recently. "And it was deeply upsetting."
The story of Edith and Thea
That fundamental unfairness, as Windsor and her supporters see it, is at the center of DOMA legal fight.
In November, three states -- Maryland, Washington, and Maine -- approved same-sex marriage, adding to the six states and the District of Columbia that already have done so. Minnesota voters also rejected an effort to ban such unions through a constitutional amendment.
As more states legalize same-sex marriage, one of the key questions the justices may be forced to address is whether a national consensus now exists supporting the idea of expanding an "equal protection" right of marriage to homosexuals.
A bill known as the Respect for Marriage Act is working its way through Congress and would repeal DOMA.
That law does not prohibit states from allowing same-sex marriages, but it also does not force states to recognize them from other states. Most of the current plaintiffs are federal workers, who are not allowed to add their spouses to health care plans, and other benefits.
Many other states, including New Jersey, Illinois, Delaware, Rhode Island and Hawaii, have legalized domestic partnerships and civil unions for such couples -- a step designed in most cases to provide the same rights of marriage under state law.
But other states have passed laws or state constitutional amendments banning such marriages. California's Proposition 8 is the only such referendum that revoked the right after lawmakers and the state courts previously allowed it. That makes it a somewhat unique legal case for review by the justices.
The DOMA cases are U.S. v. Windsor (12-307) and Bipartisan Legal Advisory Group of the U.S. House of Representatives v. Windsor (12-785).
WASHINGTON The Pentagon on Friday grounded its fleet of F-35 fighter jets after discovering a cracked engine blade in one plane.
The problem was discovered during what the Pentagon called a routine inspection at Edwards Air Force Base, Calif., of an F-35A, the Air Force version of the sleek new plane. The Navy and the Marine Corps are buying other versions of the F-35, which is intended to replace older fighters like the Air Force F-16 and the Navy F/A-18.
All versions -- a total of 51 planes -- were grounded Friday pending a more in-depth evaluation of the problem discovered at Edwards. None of the planes have been fielded for combat operations; all are undergoing testing.
In a brief written statement, the Pentagon said it is too early to know the full impact of the newly discovered problem.
A watchdog group, the Project on Government Oversight, said the grounding is not likely to mean a significant delay in the effort to field the stealthy aircraft.
"The F-35 is a huge problem because of its growing, already unaffordable, cost and its gigantically disappointing performance," the group's Winslow Wheeler said. "That performance would be unacceptable even if the aircraft met its far-too-modest requirements, but it is not."
The F-35 is the Pentagon's most expensive weapons program at a total estimated cost of nearly $400 billion. The Pentagon envisions buying more than 2,400 F-35s, but some members of Congress are balking at the price tag.
Friday's suspension of flight operations will remain in effect until an investigation of the problem's root cause is determined.
The Pentagon said the engine in which the problem was discovered is being shipped to a Pratt & Whitney facility in Connecticut for more thorough evaluation.
