Op-Ed Contributor: Labs, Washed Away





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




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


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


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


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


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


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


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


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


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


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


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



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









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


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


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





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


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


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


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


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


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


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


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


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


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


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


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


kate.mather@latimes.com





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Spoiler Alert: First 3-D Printed Records Sound Awful





The needle drops and a series of high, repetitive whines come from the album. Then a crackling sound, and a muffled guitar riff. Finally, Kurt Cobain’s voice — audible, but distant and hollow, like he is singing in a tunnel with a scarf over his mouth.


It’s about the worst version of “Smells Like Teen Spirit” you could find. But it is awesome all the same for its totally unique medium. This particular LP is part of the batch of the first records ever to be created on a 3-D printer.


“It’s surprising how much you can deform and down-sample an audio file and still recognize it,” says Amanda Ghassaei, assistant tech editor at Instructables, who printed the record, and several others, including music from the Pixies, Daft Punk, and Radiohead.


Ghassaei used a state-of-the-art Objet Connex 500 printer to generate the disc. The whole process is possible because printing resolution has finally become high enough to create the audio-laden grooves for the needle to track and amplify. For her printed records, Ghassaei sets the machine to its finest setting, 600 dpi, with 16 micron steps, about the highest quality available on the market. But it’s still far lower resolution than on a vinyl LP, by a factor of 10 or so; hence the muddled sound that results in part from the needle responding to the layering of the printed plastic. Ghassaei used an 11 Khz sampling rate — the highest the resolution would allow, around 1/4 what you get from an MP3. Even at that low of a rate, the printer’s deficiencies cut off the song’s high-range tones.


“It’s really stripped down, it’s down to the bare essentials,” she says. “It’s never going to be as good as vinyl. It’s not really set up for that. But it’s cool because you can really be creative with it.”


To create the 3-D model for the record, Ghassaei essentially reverses the process of ripping an MP3. As the groove of a record is a microscopic image of the analog audio, she starts with the digitized waveform, using Python to take it directly from the MP3 file, and renders the shape of it into an STL wireframe using Processing, an open source tool that automates the file generation. She then uses the software to wrap it in a spiral on a 3-D 12-inch disc, varying the depth of the groove to match the waveform. Compared to a normal record, hers have increased amplitude and groove depth to account for the coarse resolution.



While it’s a first for a printed proper LP, others have toyed with simpler forms of 3-D printable music. Earlier this year, Fred Murphy generated “Stairway to Heaven” and three other songs on discs for the classic Fisher Price record player. That toy turntable is different than the common vinyl record player, though; it uses a music-box system with tines that sound as they rotate over the record’s raised bumps. Murphy posted the how-to for his project on Instructables, and offers pre-made versions of his discs through Shapeways.


Ghassaei, like Murphy, has put her project up on Instructables, though it’s not particularly useful unless you have access to a high-end printer in the range of hundreds of thousands of dollars. She is also limited to the first 60 seconds or so, because of the data- and memory-intense 3-D file. A full song would take up a whole side of the album, and the file size would exceed a gigabyte. But that’s not really the point.


“It’s really cool to kind of push the technology and see what you can get out of it,” says Ghassaei. “I’ve got a bunch more that I want to do.”


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Thousands mourn U.S.-Mexican singer Jenni Rivera






LOS ANGELES (Reuters) – Thousands of mourners on Wednesday packed a Los Angeles theater to pay their final respects to Mexican-American singer Jenni Rivera more than a week after her death in a plane crash.


Rivera, 43, best known for her work in the Mexican folk Nortena and Banda genres, died after the small jet she was traveling in crashed in northern Mexico on December 9.






Rivera’s family, dressed in white, led the memorial service eulogizing the singer. A bank of white roses was displayed in front of Rivera’s bright red coffin and a brass band performed musical interludes.


More than 6,000 people crowded into the theater about 30 miles north of her childhood home in Long Beach, California. Tickets for the service at the Gibson Amphitheatre sold out within minutes, organizers said.


The daughter of Mexican immigrants, Rivera was called the “Diva de la Banda.” She sold about 15 million albums and earned a slew of Latin Grammy nominations during her 17-year career.


“Jenni made it OK for women to be who they are,” her manager Pete Salgado said at the service. “Jenni also made it OK to be from nothing, with the hopes of being something.”


Rivera had five children, the first at age 15, and was married three times. Her third husband was baseball pitcher Esteban Loaiza. Rivera’s private life influenced her songs, which often referenced living through hardship.


“She’s a fighter and she knows it’s in all of us,” Rivera’s son Michael said between video tributes.


In recent years, Rivera branched out into television, appearing on a reality television show and serving as a judge on the Mexican version of the singing competition “The Voice.” Television broadcaster ABC was reported to be developing a comedy pilot for the singer.


Rivera’s plane crashed in mountains south of Monterrey killing all seven on board.


The singer was to perform in the city of Toluca, 40 miles southwest of Mexico City, in central Mexico after a concert in Monterrey. It is not clear what caused the crash.


(Reporting by Eric Kelsey; Editing by Stacey Joyce)


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Female Vaccination Workers, Essential in Pakistan, Become Prey





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




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


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


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


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


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


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


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


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


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


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


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


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


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


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



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F.T.C. Pushes Antitrust Inquiry Against Google Into January


WASHINGTON — Google was prepared to start the holidays early this week, by settling its antitrust dispute with federal regulators without a harsh punishment.


But in shelving its inquiry until January, the Federal Trade Commission has put stronger penalties back on the bargaining table, people briefed on the investigation who were not authorized to speak publicly about it said Wednesday.


For two years, the F.T.C. has been looking into whether Google abuses its market power by favoring its own services over rivals in search results. Google and the agency had been planning to sign a settlement this week that would have said Google would change some of its behavior but that would not have been subject to court action.


The agency may now demand a consent decree — a formal order detailing anticompetitive behavior and an agreement that if the company does the same thing again, it could be fined and subject to court sanctions. Google has instead offered voluntary concessions.


But the people briefed, and others close to the negotiations, said the agency was unlikely to take a second look at one of the major issues — Google’s dominance in specialized search, like travel and local reviews — because the legal hurdles remain high.


Google has long said that it does not believe it has broken antitrust laws and that the agency’s case against it is weak. Jill Hazelbaker, a Google spokeswoman, said that it continued to cooperate with the F.T.C. but declined to comment further.


Cecelia Prewett, an F.T.C. spokeswoman, declined to comment.


Competitors of Google called for the agency to use the additional time to take harsher legal action against Google. Failing to do so would hurt consumers in many ways, including by allowing Google too much control over private data, said Pamela Jones Harbour, a former F.T.C. commissioner and a lawyer representing Microsoft.


Supporters of Google said its case had already been made.


“If in 19 months they did not offer the kind of evidence and facts to support a case or conclude the behavior was such that it was posing legal difficulties, then frankly another couple weeks isn’t going to make a difference,” said Ed Black, chief executive of the Computer and Communications Industry Association, of which Google is a member.


Regulators’ decision to delay resolution of the case offered a glimpse of the tense negotiations and a series of missteps that have bedeviled the negotiations.


As details of a possible settlement appeared in news reports over the last week, Google’s competitors began arguing that a settlement without court-enforced sanctions was meaningless.


At the F.T.C., people close to the agency said, commissioners grew irked that they were being portrayed as spineless. In a parallel investigation, European regulators were said to be wringing a more stringent agreement from Google.


But it was unclear that Jon D. Leibowitz, the F.T.C. chairman, could get the two votes necessary to approve a tougher case against Google.


The five commissioners had yet to vote on possible sanctions. Julie Brill, a Democrat commissioner, supported strong antitrust action, while Edith Ramirez, the commission’s other Democrat, has resisted the strictest sanctions, said the people who have been briefed on the inquiry.


J. Thomas Rosch, a Republican, questioned whether the agency had the evidence to bring a case on search manipulation, but also expressed skepticism at a settlement that did not involve a consent decree, the people briefed said. Maureen K. Ohlhausen, the other Republican commissioner, opposed the government’s interference in private enterprise, they said.


Each of the commissioners and an F.T.C. spokeswoman declined to respond to queries about their views on the settlement.


Throughout the deliberations, both sides have complained about leaks to the news media of details of private meetings and settlement terms.


Edward Wyatt reported from Washington and Claire Cain Miller from San Francisco.



This article has been revised to reflect the following correction:

Correction: December 20, 2012

An earlier version of this article incorrectly spelled the surname of the chairman of the Federal Trade Commission as Liebowitz, rather than Leibowitz.



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









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

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


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


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





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


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


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


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


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


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


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david.savage@latimes.com





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Text Adventure: <cite>Zork</cite> Creators Honored With Pioneer Award











In the days before graphics, computer games had to entice players with nothing more than a well-turned phrase.


Whether you prefer to call them “text adventures” or “interactive fiction,” games played with nothing but writing and verbal commands were a significant part of the early days of interactive entertainment. At the forefront of the medium were the designers of Infocom, which created and published text games like Zork, Starcross and The Hitchhiker’s Guide to the Galaxy that delighted players with clever writing and had them absolutely tearing their hair out with difficult puzzles.


Today, Wired can exclusively report that Marc Blank and Dave Lebling, two of the co-founders of Infocom and co-creators of Zork, will be honored with the Academy of Interactive Arts and Sciences’ Pioneer Award at the DICE Summit in February. The award is given to the gamemakers whose groundbreaking early work laid the foundations of the multi-billion-dollar videogame industry. Previous recipients include David Crane, creator of Pitfall!, and Asteroids designer Ed Logg.


Wired spoke to Dave Lebling, as well as another Infocom designer, for this story. But in honor of their achievements and their medium of choice, we’ve decided to present the results of our interviews in a text adventure of our own, below. You’ll have to play to find out more.



Thanks to Playfic for the text adventure tech!






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“Best Funeral Ever” premiere delayed after Newtown school shootings






LOS ANGELES (TheWrap.com) – Fans of death-centric reality TV will have to wait a little longer to dig into TLC‘s “Best Funeral Ever.”


TLC has pushed back the premiere of the special to January 6 at 10/9c in light of the school shootings in Newtown, Conn. last week.






“Best Funeral Ever” was initially scheduled to premiere on December 26 at 8/7c.


“Best Funeral Ever” centers around the Golden Gate Funeral Home in Dallas, which specializes in elaborate specialty funerals catering to the deceased’s interest. In the special, a doo-wop singer famous for his rib-sauce jingle receives a barbecue-themed sendoff, while a disabled man who was unable to ride roller coasters in mortal life receives a State Fair-themed funeral.


Since last Friday’s horrific shootings, a number of programs and other entertainment-related events have been moved out of sensitivity. Syfy, for one, decided not to air its scheduled episode of “Haven” on Friday night, because it contained elements of fictionalized school violence.


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Lawyer Says Ritual Circumcision Is Protected Activity





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




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


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


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


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


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


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


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


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


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


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


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


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


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


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


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