In Reversal, Florida to Take Health Law’s Medicaid Expansion

MIAMI — Gov. Rick Scott of Florida reversed himself on Wednesday and announced that he would expand his state’s Medicaid program to cover the poor, becoming the latest — and, perhaps, most prominent — Republican critic of President Obama’s health care law to decide to put it into effect.

It was an about-face for Mr. Scott, a former businessman who entered politics as a critic of Mr. Obama’s health care proposals. Florida was one of the states that sued to try to block the law. After the Supreme Court ruled last year that though the law was constitutional, states could choose not to expand their Medicaid programs to cover the poor, Mr. Scott said that Florida would not expand its programs.

Mr. Scott said Wednesday that he now supported a three-year expansion of Medicaid, through the period that the federal government has agreed to pay the full cost of the expansion, and before some of the costs are shifted to the states.

“While the federal government is committed to paying 100 percent of the cost, I cannot in good conscience deny Floridians that needed access to health care,” Mr. Scott said at a news conference. “We will support a three-year expansion of the Medicaid program under the new health care law as long as the federal government meets their commitment to pay 100 percent of the cost during that time.”

He said there were “no perfect options” when it came to the Medicaid expansion. “To be clear: our options are either having Floridians pay to fund this program in other states while denying health care to our citizens,” he said, “or using federal funding to help some of the poorest in our state with the Medicaid program as we explore other health care reforms.”

Mr. Scott said the state would not create its own insurance exchange to comply with another provision of the law.

His reversal sent ripples through the nation, especially given the change in tone and substance since the summer, when he said he would not create an exchange or expand Medicaid.

“Floridians are interested in jobs and economic growth, a quality education for their children, and keeping the cost of living low,” Mr. Scott said in a statement at the time. “Neither of these major provisions in Obamacare will achieve those goals, and since Florida is legally allowed to opt out, that’s the right decision for our citizens.”

Mr. Scott now joins the Republican governors of Arizona, Michigan, Nevada, New Mexico, North Dakota and Ohio, who have decided to join the Medicaid expansion. Some, like Gov. Jan Brewer of Arizona, were also staunch opponents of Mr. Obama’s overall health care law.

Shortly before his announcement, the governor received word from the federal government that it planned to grant Florida the final waiver needed to privatize Medicaid, a process the state initially undertook as a pilot project. Mr. Scott, who is running for re-election next year, has heavily lobbied for the waiver, arguing that Florida could not expand Medicaid without it.

Mr. Scott’s support of Medicaid expansion is significant, but is far from the last word. The program requires approval from Florida’s Republican-dominated Legislature, which has been averse to expanding Medicaid under the health care law. The Legislature’s two top Republican leaders said that before making a decision they would consider recommendations from a select committee, which has been asked to review the state’s options.

“The Florida Legislature will make the ultimate decision,” Will Weatherford, the state House speaker, said. “I am personally skeptical that this inflexible law will improve the quality of health care in our state and ensure our long-term financial stability.”

Medicaid, which covers three million people in Florida, costs the state $21 billion a year. The expansion would extend coverage to one million more people.

Mr. Scott’s reversal is sure to anger his original conservative supporters.

The governor “was elected because of his principled conservative leadership against Obamacare’s overreach,” said Slade O’Brien, state director for Americans for Prosperity, an influential conservative advocacy organization. “Hopefully our legislative leaders will not follow in Governor Scott’s footsteps, and will reject expansion.”

During his announcement on Wednesday, Mr. Scott said his mother’s recent death and her lifetime struggle to raise five children “with very little money” played a role in his decision.

“Losing someone so close to you puts everything in a new perspective, especially the big decisions,” he said.

Michael Cooper contributed reporting from New York.

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The Trade: A Revolving Door in Washington With Spin, but Less Visibility

Obsess all you’d like about President Obama’s nomination of Mary Jo White to head the Securities and Exchange Commission. Who heads the agency is vital, but important fights in Washington are happening in quiet rooms, away from the media gaze.

After a widely praised stint as a tough United States attorney, Ms. White spent the last decade serving so many large banks and investment houses that by the time she finishes recusing herself from regulatory matters, she may be down to overseeing First Wauwatosa Securities.

Ms. White maintains she can run the S.E.C. without fear or favor. But the focus shouldn’t be limited to whether she can be effective. For lobbyists, the real targets are regulators and staff members for lawmakers.

Ms. White, at least, will have to sit for Congressional testimony, answer occasional questions from the media and fill out disclosure forms. Staff members, however, work in untroubled anonymity for the most part. So, while everyone knows there’s a revolving door — so naïve to even bring it up! — few realize just how fluidly it spins.

Take what happened late last month as Washington geared up for more fights about the taxing, spending and the deficit. The Senate majority leader, Harry Reid, Democrat of Nevada, decided to bolster his staff’s expertise on taxes.

So on Jan. 25, Mr. Reid’s office announced that he had appointed Cathy Koch as chief adviser to the majority leader for tax and economic policy. The news release lists Ms. Koch’s admirable and formidable experience in the public sector. “Prior to joining Senator Reid’s office,” the release says, “Koch served as tax chief at the Senate Finance Committee.”

It’s funny, though. The notice left something out. Because immediately before joining Mr. Reid’s office, Ms. Koch wasn’t in government. She was working for a large corporation.

Not just any corporation, but quite possibly the most influential company in America, and one that arguably stands to lose the most if there were any serious tax reform that closed corporate loopholes. Ms. Koch arrives at the senator’s office by way of General Electric.

Yes, General Electric, the company that paid almost no taxes in 2010. Just as the tax reform debate is heating up, Mr. Reid has put in place a person who is extraordinarily positioned to torpedo any tax reform that might draw a dollar out of G.E. — and, by extension, any big corporation.

Omitting her last job from the announcement must have merely been an oversight. By the way, no rules prevent Ms. Koch from meeting with G.E. or working on issues that would affect the company.

The senator’s office, which declined to make Ms. Koch available for an interview, says that she will support the majority leader in his efforts to close corporate tax loopholes. His office said in a statement that the senator considered her knowledge of the private sector to be an asset and that she complied with “all relevant Senate ethics rules and disclosures.”

In a statement, the senator’s spokesman said, “The impulse in some quarters to reflexively cast suspicion on private sector experience is part of what makes qualified individuals reluctant to enter public service.”

Over in bank regulatory land, meanwhile, January was playing out like a Beltway remake of “Freaky Friday.”

Julie Williams, chief counsel for the Office of the Comptroller of the Currency and a major friend of the banks for years, had been recently shown the door by Thomas J. Curry, the new head of the regulator. Banking reform advocates took that to be an omen that a new era might be dawning at the agency, which has often been a handmaiden to large banks.

Ms. Williams, of course, landed on her feet. She’s now at the Promontory Financial Group, a classic Washington creature that is a private sector mirror image of a regulatory body. Promontory is the Shadow O.C.C. The firm was founded by a former head of the agency, Eugene A. Ludwig, and if you were to walk down the halls swinging a copy of the Volcker Rule, you would be sure to hit a former O.C.C. official. Promontory says only about 5 percent of its employees come from the O.C.C., but concedes that more than a quarter are former regulators.

Promontory, as the firm explains on its Web site, “excels at helping financial companies grapple with and resolve critical issues, particularly those with a regulatory dimension.” But it plays for the other team, too, by helping the O.C.C. put into effect regulatory reviews. The dreary normality of this is a Washington scandal in the Michael Kinsley sense: a perfectly legal one.

Promontory, which demurred on a request to talk with Ms. Williams, has a different view. The firm doesn’t lobby or help in litigation. It argues that after banks stop fighting regulators and lobbying against rules, then they come to Promontory to figure out how to fix their problems and comply.

“We are known in the industry as the tough-love doctors,” said Mr. Ludwig, the chief executive of Promontory. “I am deeply committed to financial stability, and the only way to have stability is to do the right thing in both the spirit and letter of the law.”

Hmm. Remember the Independent Foreclosure Review, the program that the O.C.C. and other federal bank regulators trumpeted as the largest effort to compensate victims of big banks’ foreclosure abuses? As my colleague at ProPublica, Paul Kiel, detailed last year, that review involved consultants like Promontory essentially letting banks decide who was victimized. How well did that work? So well that the regulators had to scuttle the program because it hadn’t given one red cent to homeowners but somehow, I don’t know how, managed to send more than $1.5 billion to consultants — including Promontory.

Promontory maintains that it complied with the conditions set out by the O.C.C. And the review was replaced by a settlement, which the regulators say will compensate victims — though the average payout is small beer.

Who, exactly, makes the rules at the O.C.C.? I mentioned “Freaky Friday.” That’s because at the agency, Ms. Williams is being replaced by Amy Friend. And where is Ms. Friend coming from? Wait for it … Promontory. In March, maybe they’ll do the switcheroo back.

The O.C.C. didn’t make Ms. Friend available but said that her “talent, integrity and commitment to public service are beyond reproach” and would be subject to the rule requiring her to recuse herself for a year on matters specifically relating to her former employer.

I spoke with people who said she was a smart and dedicated public servant, an expert on the Dodd-Frank Act who can help complete the scandalously long list of unfinished rules and expedite its adoption.

“Amy Friend is absolutely rowing in the right direction,” said a Senate staff member who worked on efforts to push for stronger financial regulation.

Let’s hope so.

But people also described Ms. Friend as pragmatic. In Washington, that’s the ultimate compliment. Sadly, that has come to mean someone who seeks compromise and never pushes for an overhaul when a quarter-measure will do.

Washington today resembles something like the end of “Animal Farm.” People move from one side of the table to the other and up and down the Acela corridor with ease. An outsider looking at a negotiating table would glance from lobbyist to staff member, from colleague to former colleague, from pig to man and from man to pig and find it impossible to say which is which.

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O.C. shooting suspect identified as college student with no record

Orange County sheriff's officials on Tuesday identified the suspect in series of fatal shootings and carjackings as Ali Syed, a 20-year-old community college student with no criminal record.

Authorities don't have a motive for the shootings, which began with the slaying of a woman at Syed's  south Orange County home, spread north in a series of random and deadly carjackings, and ended with his suicide in the city of Orange.

Syed was described as an unemployed man who was taking a class at Saddleback College. He had no criminal record and was living with his parents on Red Leaf Lane in Ladera Ranch, Amormino said.

PHOTOS: Shootings at multiple locations in O.C.

Deputies were called to their home about 4:45 a.m. after his parents reported a shooting, Amormino said. Responding deputies found a woman dead inside who had been shot multiple times.

The relationship between the woman and Syed was not yet known, Amormino said, although she was not related to the suspect. The woman has not yet been identified.

Family members, including children, were at the home at the time of the shooting, Amormino said, but no other injuries were reported.

MAP: Orange County shootings

Syed fled the area and headed toward Tustin, where Amormino said "multiple incidents" occurred.

The first, authorities said, occurred near Red Hill Avenue and the 5 Freeway, where authorities received a report of a man with a gun about 5:10 a.m. The suspect attempted a carjacking, Tustin police Lt. Paul Garaven said, opened fire and wounded a bystander.

About five minutes later, the suspect stopped the BMW near the 55 Freeway in Santa Ana, officials said.

TIMELINE: Deadliest U.S. mass shootings

Around that time, authorities also received reports about a man shooting at moving vehicles on the 55 Freeway. Officials believe the man fired either while driving or after he stopped and got out of his vehicle. At least three victims have reported minor injuries or damage to their cars, and investigators asked that others who believe they may have been fired upon to contact police.

Shortly after, another shooting and carjacking was reported on Edinger Avenue near the Micro Center computer store in Tustin, Garaven said. One person was killed and another was taken to a hospital.

Co-workers identified the men as plumbers who were working at the under-construction Fairfield Inn on Edinger Avenue.

Officers spotted the suspect in a stolen vehicle, followed him into the city of Orange and initiated a traffic stop near the intersection of East Katella Avenue and North Wanda Road, Garaven said.

The suspect then shot and killed himself, authorities said. A shotgun was recovered, but officials said other weapons might have been involved earlier. 

In Orange, financial planner Kenneth Caplin said he had a clear view of the gruesome drama that unfolded Tuesday on the street outside his office.

Although the street had been blocked, Caplin parked farther away and persuaded an officer to let him walk to his office. He arrived shortly before 7 a.m., about an hour after the shooting.

From a conference room window, Caplin saw the police investigators at work, a white work truck up on a curb, and the suspect lying dead on the ground, with blood streaked across the pavement.

"It's scary.... This just happened right here," Caplin said hours later, as a team in biohazard suits scrubbed away at the street in an afternoon drizzle. "It's ludicrous."

Caplin, 71, said he is a pistol instructor for the NRA. What happened Tuesday only affirmed for him the need to stay armed.

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SwiftKey 4 Offers Satisfying Swiping and Almost Perfect Predictions

SwiftKey 4 is one of the best gesture keyboard apps ever. It is so good at predicting what you type, it borders on being creepy. I can rattle off e-mails, tweets and text messages to friends about sports, movies, tech, music — and based on what I’ve typed, SwiftKey occasionally finishes sentences word by word.

It does this by collecting data on what is typed as it’s typed. The data is collected anonymously, feeding the app’s learning algorithm to predict what you’ll type next, based on what you’ve typed in the past. This means it does a scary-good job anticipating what you want to type. It’s not perfect, but it always offers suggestions, right above its keyboard. More often than not, I find those suggestions are spot-on. But the keyboard app’s prediction capabilities are just a part of the story.

SwiftKey 4, which officially hit Google Play on Wednesday, is a top-notch gesture keyboard app, replacing the stock keyboard on whatever version of Android you’re using. I’ve been using a beta version of the app for about three weeks and it’s among the first third-party keyboards I’ve actually enjoyed using.

My main handset is a Nexus 4. I use it daily and I’m a huge fan of its Android Jelly Bean keyboard, which has gesture typing built-in. On the Nexus 4’s stock keyboard, as you’re swiping along keys on-screen, Android does a solid job of predicting what word you’re typing. It’s so good in fact, that it makes going to an iPhone or iPad almost painful due to the lack of gesture typing in iOS. But SwiftKey 4 one-ups the Nexus’ keyboard by allowing you to type out entire sentences without having to lift your finger off the display between words.

As you’re swiping across your phone’s display, SwiftKey guesses what you’re typing. Those guesses change as you type more letters; when you see the word you want, just lift your finger. Or, keep swiping the letters of that word and then swipe down to the spacebar for a space, then start a new word — SwiftKey calls this feature Flow. If you’re not into gesture typing, simply type as normal. The app still throws out predictions.

Last year, SwiftKey’s app sat atop Google Play’s Top Paid Apps list for more than 20 weeks. It’s been installed by millions of people, and offers a keyboard for 60 different languages. Samsung used the company’s SDK to build SwiftKey Flow into the keyboard of its Galaxy S III and Note II smartphones, and its prediction technology is baked into the keyboards shipping on smartphones from a handful of Samsung’s competitors as well. If you’re already using SwiftKey, the upgrade to the 4th generation of the app is free. Otherwise, SwiftKey 4 is a $3.99 download. It’s not cheap, but it is worth it if you’ve got an Android and you’re into gesture typing.

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Police say NY TV anchor threatened wife with death

A New York City TV anchorman issued a death threat against his wife as he was being arrested on charges of attacking her at their Connecticut home, according to a court document released Tuesday.

New York City police, meanwhile, disclosed that they were called 11 times to the couple’s home when they lived in Manhattan. One call resulted in an arrest, but the case was sealed, they said.

In the Connecticut case, a Darien police officer wrote that Rob Morrison, who works for WCBS-TV, “threatened that if he was released from police custody, he would kill his wife.”

The document was offered in Superior Court in Stamford, in support of an order of protection against Morrison. Judge Kenneth Povadator ordered Morrison to stay 100 yards away from Ashley Morrison except when they’re both at work.

She works for “CBS Moneywatch.”

Rob Morrison, 44, was charged Sunday with strangulation, threatening and disorderly conduct. Officers had been called by his mother-in-law to the couple’s home in Darien. They said Morrison had been belligerent toward his wife throughout the night and had wrapped his hands around her neck, leaving red marks.

Morrison’s lawyer, Robert Skovgaard, did not enter a plea at the arraignment. He said afterward a plea would come “at the appropriate time.”

Skovgaard said Monday that the allegations had been exaggerated and on Tuesday he referred to his previous statement.

Outside the courthouse, Morrison said: “I did not choke my wife. I’ve never raised my hands to my wife.”

The NYPD said it was called 11 times between 2004 and 2009 to the couple’s home on West 90th Street. In the 10 cases that did not result in an arrest, the calls involved verbal disputes and harassment, with no allegations of physical violence, the police said.

It was not clear if violence was alleged in the case that was sealed. Skovgaard did not immediately return a call about the New York incidents.

Morrison was released Tuesday on the $ 100,000 bond he posted Sunday. He is due back in court in Stamford on March 26.

Morrison, who has been a combat correspondent and was a reporter and anchor for WNBC-TV, anchors WCBS-TV’s news programs “This Morning” and “News at Noon.” Ashley Morrison worked for Bloomberg Television before joining “CBS MoneyWatch.”

The couple has a young son.

Skovgaard said that because of the order of protection, Morrison “will not be going home tonight.”

___

Associated Press writer Colleen Long in New York contributed to this report.

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Well: No Consensus on Plantar Fasciitis

Phys Ed

Gretchen Reynolds on the science of fitness.

There are more charismatic-sounding sports injuries than plantar fasciitis, like tennis elbow, runner’s knee and turf toe. But there aren’t many that are more common. The condition, characterized by stabbing pain in the heel or arch, sidelines up to 10 percent of all runners, as well as countless soccer, baseball, football and basketball players, golfers, walkers and others from both the recreational and professional ranks. The Lakers star Kobe Bryant, the quarterback Eli Manning, the Olympic marathon runner Ryan Hall and the presidential candidate Mitt Romney all have been stricken.

But while plantar fasciitis is democratic in its epidemiology, its underlying cause remains surprisingly enigmatic. In fact, the mysteries of plantar fasciitis underscore how little is understood, medically, about overuse sports injuries in general and why, as a result, they remain so insidiously difficult to treat.

Experts do agree that plantar fasciitis is, essentially, an irritation of the plantar fascia, a long, skinny rope of tissue that runs along the bottom of the foot, attaching the heel bone to the toes and forming your foot’s arch. When that tissue becomes irritated, you develop pain deep within the heel. The pain is usually most pronounced first thing in the morning, since the fascia tightens while you sleep.

But scientific agreement about the condition and its causes ends about there.

For many years, “most of us who treat plantar fasciitis believed that it involved chronic inflammation” of the fascia, said Dr. Terrence M. Philbin, a board-certified orthopedic surgeon at the Orthopedic Foot and Ankle Center in Westerville, Ohio, who specializes in plantar fasciitis.

It was thought that by running or otherwise repetitively pounding their heels against the ground, people strained the plantar fascia, and the body responded with a complex cascade of inflammatory biochemical processes that resulted in extra blood and fluids flowing to the injury site, as well as enhanced pain sensitivity.

But instead of lasting only a few days and then fading, as acute inflammation usually does, the process can become chronic and create its own problems, causing tissue damage and continuing pain.

This progression is also what experts believed was happening when people developed chronic Achilles tendon pain, tennis elbow or other lingering, overuse injuries.

But when scientists actually biopsied fascia tissue from people with chronic plantar fasciitis, “they did not find much if any inflammation,” Dr. Philbin said. There were virtually none of the cellular markers that characterize that condition.

“Plantar fasciitis does not involve inflammatory cells,” said Dr. Karim Khan, a professor of family practice medicine at the University of British Columbia and editor of The British Journal of Sports Medicine, who has written extensively about overuse sports injuries.

Instead, plantar fasciitis more likely is caused by degeneration or weakening of the tissue. This process probably begins with small tears that occur during activity and that, in normal circumstances, the body simply repairs, strengthening the tissue as it does. That is the point of exercise training.

But sometimes, for unknown reasons, this ongoing tissue damage overwhelms the body’s capacity to respond. The small tears don’t heal. They accumulate. The tissue begins subtly to degenerate, even to shred. It hurts.

By and large, most sports medicine experts now believe that this is how we develop other overuse injuries, like tennis elbow or Achilles tendinopathy, which used to be called tendinitis. The suffix “itis” means inflammation. But since the injury isn’t thought to involve chronic inflammation, its name has changed.

This has not yet happened with plantar fasciitis, and may not, given what a mouthful fasciopathy would be.

The evolving medical opinions about plantar fasciitis matter, beyond nomenclature, though, because treatments depend on causes. At the moment, many physicians rely on injections of cortisone, a steroid that is both a pain reliever and anti-inflammatory, to treat plantar fasciitis. And cortisone shots do reduce the soreness. In a study published last year in BMJ, patients who received cortisone injections reported less heel pain after four months than those whose shots had contained a placebo saline solution.

But whether those benefits will last is unknown, especially if plantar fasciitis is, indeed, degenerative. In studies with people suffering from tennis elbow, another injury that is now considered degenerative, cortisone shots actually slowed tissue healing.

We need similar studies in people with plantar fasciitis, Dr. Khan said. “They have not been done.”

Thankfully, most people who develop plantar fasciitis will recover within a few months without injections or other invasive treatments, Dr. Philbin said, if they simply back off their running mileage somewhat or otherwise rest the foot and stretch the affected tissues. Stretching the plantar fascia, as well as the Achilles tendon, which also attaches to the heel bone, and the hamstring muscles seems to result in less strain on the fascia during activity, meaning less ongoing trauma and, eventually, time for the body to catch up with repairs.

To ensure that you are stretching correctly, Dr. Philbin suggests consulting a physical therapist, after, of course, visiting a sports medicine doctor for a diagnosis. Not all heel or arch pain is plantar fasciitis. And comfort yourself if you do have the condition with the knowledge that Kobe Bryant, Eli Manning and Ryan Hall have all returned to competition and Mr. Romney still runs.

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Boeing Engineers Approve Pact, but Tech Workers Say No

SEATTLE (AP) — It's a split decision from the union representing Boeing Co.'s engineers and technical workers.

The engineers voted Tuesday to accept the aerospace company's four-year contract offer while technical workers rejected it and authorized a future strike.

Bill Dugovich of the Society of Professional Engineering Employees in Aerospace says the votes mean the new contract for the 15,550 engineers is in place.

He says negotiators hope to resume contract talks soon on behalf of the 7,400 technical workers.

A strike by the technical workers is not imminent, but Dugovich says the negotiating team is now authorized to call one. Engineers and technical workers work on plans for planes and solve problems that arise on the factory floor.

Boeing did not comment.

SPEEA last went on strike for 40 days in 2000.

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Complaint alleges racial bias in Palmdale elections

Latinos and African Americans make up about two-thirds of the population of Palmdale. But since the city's incorporation in August 1962, not a single black resident and only one Latino has ever served on the City Council.

That's the backdrop of a complaint filed in Los Angeles County Superior Court by Antelope Valley civil rights activists alleging racial bias in city elections in this High Desert locale. The complaint argues that Palmdale's system of at-large council seats dilutes the influence of minority voters.

"Latinos and African Americans are locked out of the political system in the city of Palmdale," said Malibu attorney Kevin Shenkman, who is representing plaintiff Juan Jauregui, a Palmdale resident. Three local black activists and the NAACP have also said they will join the case, scheduled to go to trial in May.

The litigation is the latest in a series of racially themed conflicts in the Antelope Valley as blacks and Latinos have moved into once mostly white areas. Housing programs and police practices have been flash points as activists have challenged policies they perceive as unfairly targeting minority residents.

Plaintiffs say the city's at-large election system violates the state's 2001 Voting Rights Act, which guards against disenfranchisement of minorities. They seek a change to district-by-district voting.

Palmdale is fighting back. In court documents, city attorneys argue that because blacks and Latinos are a majority of registered voters in the city, they are "in a position, numerically" to elect the mayor and City Council members.

The lawyers also insist that district voting would not have helped minority candidates who lost. "They simply had very little support from voters, and no drawing or gerrymandering of districts would have resulted in a district which would have elected them," the attorneys said.

Moreover, in November 2001 Palmdale's residents voted against a measure to introduce district voting. City Atty. Wm. Matthew Ditzhazy said via email that "ultimately it was the community's decision to make."

In a recent deposition, James Ledford, who has been elected the city's mayor 11 times since 1992, said he did not even know the race of his fellow council members and was not aware that all but one had been white.

Asked whether it bothered him "in any way that racial minorities in Palmdale might feel that they are not being represented in the City Council," Ledford said no.

Ledford declined to be interviewed for this article, although in the past he has said he favored district voting.

Traditionally, low voter turnout among blacks and Latinos in Palmdale's municipal elections has shrunk their voting power compared with that of whites, who turn out in greater numbers, statistics show.

The majority of Palmdale Latinos voted yes for district elections in 2001, but the measure was defeated because 66% of whites opposed it, according to data compiled by a city consultant and cited by Shenkman.

Similarly, in 2009, when V. Jesse Smith, president of the Antelope Valley chapter of the NAACP, ran for City Council, he split the Latino vote 49% to 51% with Steve Fox, who is white. But neither won a council seat. The spots went to white candidates Tom Lackey and Laura Bettencourt, who scored heavily among whites, although neither got a single Latino vote, Shenkman said.

Shenkman acknowledged the poor voting record of minority groups, but he blamed the system of at-large voting. Blacks and Latinos didn't vote because they had "grown to understand that their vote doesn't matter," he said.

At least a dozen government entities in California, including cities, school districts and county boards, have been sued under the state's Voting Rights Act, said Shenkman. Some cases are still pending, others have ended in settlements resulting in district elections, he said.

One of those was Compton, which placed the issue on the ballot last June to settle a lawsuit. Voters approved the switch from at-large to district voting. The change may give Latinos — who make up a majority of the city's population but a minority of eligible voters — a greater chance of putting the first Latino on the City Council in April.

For supporters of district voting in Palmdale, the claim represents a new effort to shake up the political status quo in the Antelope Valley. They say it will make city representatives more accountable to voters.

But Richard Loa, an attorney who in 2001 became the only Latino ever to win a council seat in Palmdale, said that although he supported Latinos' push for representation, he opposes resolving the issue through litigation.

"The important thing is to have effective leadership," said Loa, who has said he will run again.

Race isn't everything, agreed Darren Parker, who as chairman of the California Democratic Party's African American caucus helps recruit potential minority candidates to run for local office, but he said High Desert cities need black voices in leadership.

"I don't believe that anyone who doesn't get up in the morning and look like me can really walk in my shoes," Parker said.

Among the lawyers representing the plaintiffs is attorney R. Rex Parris, mayor of neighboring Lancaster, which uses at-large elections but is weighing a change.

Lancaster's population is about 40% Latino and 20% African American, but the City Council has four white men and one Latina. The city has also faced charges of racial bias, but Lancaster has a track record of minority representation on its council, including an African American who twice served as mayor.

Lilia Galindo, who has used her Palmdale-based Café Con Leche radio talk show to encourage Latinos to get out and vote, said High Desert Latinos were eager to find their political voice. District elections would help, she said.

"We've started to realize how important it is to express our rights as citizens," Galindo said.

ann.simmons@latimes.com

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National Briefing | South: Abortion Curbs Clear Senate in Arkansas

The State Senate voted 25 to 7 on Monday to ban most abortions 20 weeks into a pregnancy. The measure goes back to the House to consider an amendment that added exceptions for rape and incest. The legislation is based on the belief that fetuses can feel pain 20 weeks into a pregnancy, and is similar to bans in several other states. Opponents say it would require mothers to deliver babies with fatal conditions. Gov. Mike Beebe has said he has constitutional concerns about the proposal but has not said whether he will veto it.

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Japan Finds Swelling in Second Boeing 787 Battery

TOKYO (Reuters) - Cells in a second lithium-ion battery on a Boeing Co 787 Dreamliner forced to make an emergency landing in Japan last month showed slight swelling, a Japan Transport Safety Board (JTSB) official said on Tuesday.

The jet, flown by All Nippon Airways Co, was forced to make the landing after its main battery failed.

"I do not know the exact discussion taken by the research group on the ground, but I heard that it is a slight swelling (in the auxiliary power unit battery cells). I have so far not heard that there was internal damage," Masahiro Kudo, a senior accident investigator at the JTSB said in a briefing in Tokyo.

Kudo said that two out of eight cells in the second battery unit showed some bumps and the JTSB would continue to investigate to determine whether this was irregular or not.

The plane's auxiliary power unit (APU) powers the aircraft's systems when it is on the ground. National Transportation Safety Board investigators in the United States are probing the APU from a Japan Airlines plane that caught fire at Boston's Logan airport when the plane was parked.

The U.S. Federal Aviation Authority grounded all 50 Boeing Dreamliners in commercial service on January 16 after the incidents with the two Japanese owned 787 jets.

The groundings have cost airlines tens of millions of dollars, with no solution yet in sight.

Boeing rival Airbus said last week it had abandoned plans to use lithium-ion batteries in its next passenger jet, the A350, in favor of traditional nickel-cadmium batteries.

Lighter and more powerful than conventional batteries, lithium-ion power packs have been in consumer products such as phones and laptops for years but are relatively new in industrial applications, including back-up batteries for electrical systems in jets.

(Reporting by Mari Saito; Editing by Richard Pullin)

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