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Jewish World Review
April 16, 2013/ 6 Iyar, 5773
At Supreme Court, cookies and baseball bats
By
Dana Milbank
http://www.JewishWorldReview.com |
The Supreme Court on Monday took up the unusual question of whether corporations control our genetic material — specifically, whether a Utah-based company called Myriad Genetics has valid patents on the human genes BRCA1 and BRCA2, which are related to breast and ovarian cancers.
That a company most people have never heard of could have the exclusive rights to pieces of our DNA is a bit unnerving. More than a bit unnerving: The ownership of our genes is being decided by nine justices who, although brilliant legal minds, are not exactly biotechnologists. They wrestled with nucleotides and covalent bonds. They spoke of mRNA, cDNA, introns and exons. They dabbled in tagging and base pairs. “If you could get a super-microscope and look at what they have with the cDNA,” Justice Stephen Breyer postulated, “you would discover something with an A there, you see, and you wouldn’t discover something with a U there. And there is no such thing in nature as the no-introns AGG, whatever.” Whatever. The justices broke down the building blocks of life into terms they could understand better, such as bodily organs, Amazonian plants, baseball bats and chocolate chip cookies. The last analogy was provided by Sonia Sotomayor, the court’s newest justice and by far its wordiest. Like a kid trying to impress her science teacher, she piped up 38 times for questions during the hour, far ahead of the second-place Breyer (26) and just two shy of the combined output of Antonin Scalia, Samuel Alito, Anthony Kennedy, Ruth Bader Ginsburg and the silent Clarence Thomas. Sotomayor’s fellow justices appeared exasperated with their know-it-all colleague; Chief Justice John Roberts extended one lawyer’s time after Sotomayor badgered him with questions, and Alito tried to redirect the proceedings after she treated the court to an extended baking analogy. “I can bake a chocolate chip cookie using natural ingredients: salt, flour, eggs, butter,” she said. “And if I [combine] those in some new way, I can get a patent on that. But I can’t imagine getting a patent simply on the basic items.” As Myriad’s attorney, Gregory Castanias, tried to answer, Sotomayor kept breaking in with kitchen talk: “So I put salt and flour, and that’s different? . . . Now you can get a patent on the flour?” Castanias told her the question showed “the problem with using the really simplistic analogies, with all due respect.” There was laughter in the courtroom. Based on the justices’ questioning, there was little doubt that corporations such as Myriad have a legitimate claim to the DNA in our bodies. The argument was mostly about whether corporations own the material itself or merely have the exclusive rights to use our genes for research and commerce. Castanias likened the gene sequence the company clipped from the human genome to a baseball bat, because it “doesn’t exist until it’s isolated from a tree.” Roberts, who has in the past likened himself to a baseball umpire, balked at this analogy. “You don’t look at a tree and say, ‘Well, I’ve cut the branch here and cut it here and all of a sudden I’ve got a baseball bat,’ ” he said. Alito, too, asked about the bat, “which at least I can understand better than perhaps some of this biochemistry.” Alito likened the gene discovery to serendipity, like a tree branch that has “fallen into the ocean and it’s been manipulated by the waves, and then something’s been washed up on the shore, and — what do you know? — it’s a baseball bat.” Elena Kagan preferred to liken the company’s gene discovery to “the first person who found a liver.” And Breyer wondered if patent protection could apply to “anything from inside the body that you snip out and isolate.” Castanias assured the justices that the gene discovery was not at all comparable to patenting a slice of “liver, kidney, you know, gallbladder — pick your organ.” Alito chose a vegetable instead. “Suppose,” he said, that medicinal benefits were found in “the leaves of a plant that grows in the Amazon.” Further, Alito proposed, “it’s not just the case of taking the leaf off the tree and chewing it. . . . It’s extracted and reduced to a concentrated form.” Thus began a harvest of horticultural hypotheticals, complete with reference to the Plant Patent Act of 1930: “If we simply pick the leaf off the tree and swallow it . . . ” “It’s uprooted and taken out of the forest . . . ” “If you get a new, satisfying process to extract the sap . . . ” “Captain Ferno goes to the Amazon and discovers 50 new types of plants . . . ” The justices were deep in the weeds — without a genetic map.
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Previously:
• 04/15/13 A Senate stirred by a message from the heart
• 04/12/13 Rand Paul goes to Howard University in peace, receives quiet
• 04/11/13 Libs get angry at prez's triangulation
• 04/13/13 The new protest recipe: Less disruption from demonstrators on the Left
• 04/08/13 Obama's feeble salary 'sacrifice'
• 04/04/13 Hagel pulls rank -- with caution -- on thinning the ranks
• 04/03/13 The NRA has effectively disarmed its critics
• 04/01/13 Obama on guns ---- he's missed his chance
• 03/22/13 Obama in Israel: The presidential tourist
• 03/21/13 On Syria, Iraq's shadow is long
• 03/20/13 Standing with Rand, nervously
• 03/19/13 The Grand Old Punt
• 03/18/13 Conservative Confab Turns Into A Three-Day Therapy Session
• 03/14/13 Republicans go after Obamacare. Again.
• 03/13/13 Paul Ryan's magical budget
• 03/12/13 The limits of charm
• 03/04/13 The same old song: In Washington, everyone fights rather than solves
• 02/26/13 Sequester? No problem. To the moon!
• 02/25/13 GOP governors make peace with Obamacare
• 02/21/13 For Jesse Jackson Jr., the rules do apply
• 02/20/13 A grand bargain on life support
• 02/18/13 Lindsey Graham's no deal
• 02/14/13 A Lew-dicrous loophole
• 02/13/13 Let the bleak times roll
• 02/12/13 Senator of the evening: Bob Menendez has been selling his influence
• 02/11/13 'Trust me' is not enough on drone warfare
• 02/07/13 Chip off the Paul block: How will Rand separate from his father?
• 02/06/13 Empty talk, happy talk
• 02/05/13 John Kerry, finally where he belongs
• 02/04/13 With a friend like Jim Inhofe ...
• 01/29/13 Rubio's immigration 'reality' show
• 01/27/13 Ryan And Pence Represent Polar Opposites Of GOP
• 01/24/13 Congress's daffy duck saga
• 01/22/13 So much for unity: Obama's speech failed to rise to the moment
• 01/21/13 Less an inauguration than a tepid rerun
• 01/03/13 The GOP's savior
• 01/03/13 Boehner defined by a Sandy sidestep
• 12/21/12 Obama in focus, yet all over the map
• 12/20/12 A deal or a mutiny
• 12/13/12 Joe Lieberman's sad send-off
• 12/10/12 Post-thought think tank: Why DeMint and Heritage are a perfect pair
• 12/06/12 Republicans wave the white flag
• 12/05/12 Romney's last duty
• 12/04/12 Obama's poor efforts at transparency
• 12/03/12 The urge to purge: Rational Republicans defy purists at their own peril
• 11/30/12 The naked 'fiscal' truth: Lawmakers can't hide the lack of progress
• 11/28/12 Santorum's new cause: opposing the disabled
• 11/20/12 Norquist in defeat
• 11/19/12 Susan Rice's tarnished resume
• 11/15/12 Let those poor states secede
• 11/12/12 Whole lot of blaming going on
• 11/08/12 At Romney headquarters, the defeat of the 1 percent
• 11/07/12 Why I voted Republican
• 11/06/12 Romney's new tune
• 11/01/12 The Supreme Court's dog-day afternoon
• 10/31/12 A perfect political storm
• 10/29/12 Behind the Clinton 'bromance,' a stealth campaign
• 10/25/12 A Trumped-up bomb
• 10/24/12 Groupthink Live: How conventional wisdom congeals in 2012
• 10/23/12 The sound of worldviews not colliding
• 10/22/12 The tea party is helping Dems
• 10/18/12 Moderate Mitt wins conservatives' blessings
• 10/16/12 Reid's latest salvos are beneath the dignity of his office
• 10/08/12 Obama pays price for ducking the questions
• 10/05/12 Mitt Romney holds his own -- and then some -- in first debate
• 10/03//12 The Zinger candidacy --- all sugary platitudes, no protein
• 09/25/12 Obama makes room for 'The View'
• 08/17/12 Hateful speech on 'hate' groups: The Family Research Council is no KKK
• 08/16/12 Now Dems are employing harsh tactics
• 08/14/12 Paul Ryan on soapbox at Iowa State Fair
• 08/13/12 Romney's welfare gambit
• 08/07/12 Harry Reid's latest broadside
• 07/26/12 Romney can't have it both ways on defense spending, tax cuts
• 07/19/12 Ron Paul, fed up
• 07/17/12 The rotten results of one-party rule
• 07/11/12 The missing giants of the Senate
• 07/09/12 Representative Gaffe
• 07/02/12 The umpire strikes back
• 06/25/12 Norquist delivers the GOP's marching orders
• 06/19/12 The left, feeling left out
• 06/18/12 Skip the falsehoods, Mr. President, and give us a plan
• 06/15/12 The Wall Street Senate
• 06/13/12 Jeb Bush's heresy
• 06/12/12 Pileup at the White House
• 06/11/12 Obama's fate could be in Europe's hands
• 06/04/12 Welcome to Camp Competitive
• 05/31/12 Digging a racial grave
• 05/30/12 A new conspiracy theory: Is Romney a unicorn?
• 05/29/12 Do Republicans really want to clone one for the Gipper?
• 05/24/12 Obama's protectors are under the microscope
• 05/22/12 Obama's Old World mess: Allies are coming up short at a key moment
• 05/16/12 Where have all the candidates gone?
• 05/15/12 Barack Obama, the first female president
• 05/14/12 Irrationality wins: Voter cure for Congress's failures will likely backfire
• 05/08/12 Obama's marriage mess: His advisers scramble to clean up his 'evolution'
• 05/07/12 Taking out Dick Lugar
• 05/03/12 Gingrich may have ended campaign, but he will remain out of this world
• 05/02/12 Our do-almost-nothing Congress
• 05/01/12 President Obama, campaigner in chief
• 04/25/12 Romney's immigration Etch a Sketch
• 04/23/12 A congressional deal on immigration? Dream on
• 04/19/12 Dems battle back against Republican 'war on women'
• 04/18/12 Debauchery: An American govermental specialty
• 04/17/12 Silent witness
• 04/12/12 Rebuffing Obama's gimmicky 'Buffett Rule'
• 04/11/12 Santorum's Gettysburg surrender
• 04/09/12 The facts vs. Mitt Romney
• 04/06/12 Mitt Romney, talking to the press, keeps the press at a distance
• 04/05/12 From tracking al-Qaeda to tracking the wayward spouse
• 04/04/12 Budget cuts as back-door deregulation
• 03/26/12 My pet Mitt
• 03/22/12 Mitt Romney's latest gaffe may be etched in history
• 03/20/12 Supreme Court conceives of life after death
• 03/15/12 Conservative for Obama: The British PM as campaign prop
• 03/14/12 In Section 60, a silent search for meaning
• 03/13/12 Super Friends, unite
• 03/12/12 It's time to believe: Romney's a winner
• 03/07/12 Settling in to Washington's ways
• 03/06/12 AIPAC beats the drums of war
• 03/05/12 Did Republicans forget the women's vote?
• 02/29/12 Mitt Romney's acceptance speech, in (mostly) his own words
• 02/28/12 Common ground becomes a great divide
• 02/27/12 An expert witness for the GOP gender gap
• 02/21/12 Where Romney shines
• 02/15/12 A Republican death wish?
• 02/14/12Obama's budget games
• 02/13/12 Are GOPers playing right into Obama's hands?
• 02/08/12 Obama pumps the compressor of Joe Hudy's Extreme Marshmallow Cannon
• 02/07/12 Abramoff's atonement
• 02/01/12 Why we in the media just love Newt
• 01/31/12 The end of the road for Newt Gingrich?
• 01/25/12 Gingrich is Obama's best surrogate
• 01/24/12 Tim Pawlenty, Mitt Romney's attack dog
• 01/16/12 Mitt Romney's Al Gore problem
• 01/12/12 Kamikaze Gingrich, on the loose in South Carolina
• 01/11/12 Journalists' campaign trail secrets revealed
• 01/10/12 Mitt Romney's money problem
• 01/09/12 Newtonian exceptionalism
• 01/05/12 Mitt Romney out of control
• 01/04/12 Indecision 2012: In Iowa and the GOP
• 01/03/12 Rick Santorum's curious closing argument
• 12/28/11 A few cracks in my crystal ball
• 12/23/11 A few cracks in my crystal ball
• 12/20/11 Strange brews and views?
• 12/19/11 Cellphone ban would be a distraction
• 12/15/11 Harry Reid, Mitch McConnell and the Malfunction Minuet
• 12/14/11 The presidential auction of 2012
• 12/12/11 Newt's tactics comes back to haunt him
• 12/06/11 Can an anthem save Occupy non-movement?
• 12/05/11 The winner of the GOP campaign: Washington
• 11/30/11 Barney the bully: Congressman Frank's other legacy
• 11/23/11 Jon Kyl's search-and-destroy mission
• 11/21/11 Pay to play, brought to you by Washington
• 11/17/11 Big enough to save the supercommittee?
• 11/16/11 Why Newt Gingrich won't last
• 11/08/11 The 2012 campaign gets seedier
• 11/06/11 A Machiavellian model for Obama
• 11/03/11 The Herman Cain crack-up
• 11/01/11 Cain can --- he will survive
• 10/27/11 Stuntmen of the supercommittee
• 10/26/11 Democrats on the sidelines
• 10/24/11 Rick Perry's birther Parade
• 10/24/11 The birthers eat their own
• 10/19/11 The GOP's middle man
• 10/17/11 The waiting for nothing Congress
• 10/12/11 Sparsely occupied D.C.: Why the movement hasn't caught on
• 10/10/11 Can Obama strike an alliance with Occupy Wall Street?
• 10/06/11 Chris Christie, such a presidential tease
• 10/05/11 Obama and his foot soldiers go toe to toe
• 09/28/11 Cain could deliver
• 09/26/11 Republicans? Mr. Nice Guys?
• 09/22/11 Why Ron Paul is winning the GOP primary
• 09/21/11 I am a job creator who creates no jobs
• 09/20/11 Obama launches a revolution
• 09/19/11 Dems for Romney?
• 09/14/11 ‘Supercommittee’? More than stupor committee
• 09/07/11 Mitt Romney finds his (corporate) voice
• 09/01/11 The infallible Dick Cheney
• 08/31/11 This liberal says Perry is the ultimate conservative candidate
• 08/29/11 Wanted: More bite from Obama the Great Nibbler
• 08/10/11 How Rep. Austin Scott betrayed his Tea Party roots
• 08/09/11 The most powerful man on Earth?
• 08/08/11 The FAA shutdown and the new rules of Washington
• 08/04/11 Lt. Col. Allen West fires a round at the Tea Party
• 08/03/11 Government on autopilot
• 08/02/11 Dems mourn debt deal like death
• 07/27/11 Life imitates sport
• 07/26/11 Obama and Boehner take on Washington
• 07/21/11 Why Americans are angry at Congress
• 07/20/11 The new party of Reagan
• 07/18/11 Rob Portman, the boring Midwesterner who could bring sanity to the debt debate
• 07/13/11 John Boehner's bind
• 07/04/11 Stephen Colbert, Karl Rove and the mockery of campaign finance
• 07/01/11 President Puts Up His Dukes, As He Ought To
• 06/28/11 Rod Blagojevich verdict: All shook up
• 06/27/11 Progressives voice their anger at Obama
• 06/24/11 ‘Mission accomplished,’ Obama style
• 06/22/11 Jon Huntsman's first step toward oblivion
• 06/21/11 Scott Walker finds making bumper stickers is easier than creating jobs
• 06/20/11 A day of awkwardness with Mitt Romney
• 06/06/11 Hubris and humility: Sarah Palin and Robert Gates on tour
• 06/02/11 The Weiner roast
• 06/01/11 Congress clocks in to clock out
• 05/30/11 Hermanator II: No More Mr. Gadfly
• 05/24/11 How Obama has empowered Netanyahu
• 05/24/11 Pawlenty bends his truth-telling
• 05/20/11 Default deniers say it's all a hoax
• 05/18/11: Gingrich gives voice to moderation
• 05/17/11: Donald Trump and the House of Horrors
• 05/16/11: The medical mystery of Mitt Romney
• 05/12/11: The body impolitic: Schock photos should tempt lawmakers to cover up
• 05/10/11: Muskets in hand, tea party blasts House Republicans
• 05/09/11: The GOP debate: America -- and the party -- needs the grown-ups
• 05/05/11: Mitch Daniels, an alternative to scary
• 05/03/11: Obama's victory lap
• 05/02/11: How the journalist prom got out of control
• 04/28/11: Obama's birther day: Why did he lower himself by appearing in the briefing room?
• 04/27/11: Obama, lost in thought
• 04/24/11: Andrew Breitbart and the rifts on the right
• 04/22/11: Ten Commandments for 2012
• 04/21/11: Obama likes Facebook. Facebook likes Obama.
• 04/18/11: Without Nancy Pelosi, Obama is adrift
• 04/15/11: If progressives ran the world
• 04/14/11: Faith in political apostasy
• 04/13/11: One man's revolution is another's political expediency
• 04/11/11: Shutdown theatrics
• 04/06/11: Paul Ryan's irresponsible budget
• 04/05/11: Robots in Congress? Yes, we replicant!
• 04/04/11: Robert Gibbs, Facebook and the White House corporate placement service
• 04/01/11: Haley Barbour, the fat cats' candidate
• 03/31/11: Republican freshmen in House shut down compromise, and possibly the government
• 03/30/11: Coburn and Durbin, the dynamic duo of the debt crisis
• 03/28/11: The Obama doctrine: A gray area the size of Libya
• 03/24/11: Dems as Weiners
• 03/23/11: Obama's quick trip from tyrant to weakling
• 03/17/11: Who's afraid of Elizabeth Warren?
• 03/15/11: The underwear flap over Bradley Manning
• 03/10/11: In Senate's debt debate, talk isn't cheap
• 03/09/11: With Obama's new Gitmo policy, Administration officials had some 'splainin to do
• 03/02/11: Issa press aide scandal is like bad reality TV
• 02/25/11: Jay Carney: Mouthpiece for an inscrutable White House
• 02/14/11: The Donald trumps the pols at CPAC
• 02/09/11: Arianna Huffington's ideological transformation
© 2011, Washington Post Writers Group
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