CBS Evening News Online Edition - 2005-10-04
Channel: malgent
Transcript
Language: English (original, YouTube automatic captions)
[0:04] Hello, I'm Bob Schaefer and welcome to
[0:06] the CBS Evening News online edition.
[0:09] Just ahead, a tough case for the new
[0:12] Chief Justice. The Supreme Court here's
[0:14] arguments on a state law that would
[0:16] permit assisted suicide. Also, we'll
[0:19] have the inside story of a 4-year FBI
[0:22] investigation into the anthrax killer
[0:26] and predicting Alzheimer's. A promising
[0:28] new method may help identify those at
[0:31] risk. It's all starting now on the CBS
[0:33] Evening News online edition.
[0:37] Well, the new Chief Justice, John
[0:39] Roberts, heard arguments today in his
[0:41] first major case since coming to the
[0:43] Supreme Court. And as another Justice,
[0:45] Anthony Kennedy, put it, "It is a tough
[0:48] one whether terminally ill patients have
[0:50] the right to ask a doctor for help to
[0:52] end their lives." Roberts was aggressive
[0:55] as he questioned lawyers for both sides,
[0:57] but all sides agreed. Neither he or nor
[1:00] the other justices on the court
[1:02] indicated how they'll eventually rule.
[1:05] We begin with Wyatt Andrews at the
[1:07] court.
[1:09] In a case literally about life and
[1:12] death, Oregon is defending its law
[1:14] allowing assisted suicide. A law that
[1:16] lets terminally ill patients like Jack
[1:19] Nubold ask a doctor for a lethal dose of
[1:22] barbituates. It's about having control.
[1:25] >> Jack, who has bone cancer spread
[1:27] throughout his body, gets to decide when
[1:29] or if he takes the drugs.
[1:32] >> And I feel that u I should have the
[1:34] absolute right to decide whether I want
[1:37] to, you know, die in pain and agony and
[1:39] rotten away in a hospital or I should be
[1:41] able to gather my loved ones around me
[1:43] and and uh and go out my way.
[1:46] >> That's your right.
[1:47] >> That's my right. The Bush administration
[1:49] challenges that right, asserting that
[1:52] federal control over drugs trumps state
[1:54] control over medicine. The
[1:56] administration would block the law by
[1:58] prosecuting the doctors who prescribe
[2:00] the drugs. That drew fire from Justice
[2:03] Okconor. Medicine is regulated by the
[2:06] states. No, she asked. Paul Clement, the
[2:08] solicitor general, said, right, and
[2:10] nothing in the statute, she went on
[2:12] gives the attorney general authority to
[2:14] practice medicine. Clement responded,
[2:16] "Yes, but the federal government has
[2:18] regulated drugs controlled substances
[2:21] for 90 years." When Oregon's assistant
[2:24] attorney general appeared, the new chief
[2:26] justice, John Roberts, zeroed in,
[2:29] demanding to know if the state was
[2:30] claiming the right to legalize anything.
[2:33] "What if you have one state that allowed
[2:35] morphine for recreational purposes?" The
[2:37] Chief Justice asked. Robert Atkinson, on
[2:39] the receiving end of that question,
[2:41] conceded the Chief Justice had a point.
[2:43] and I've been pinned down before uh by
[2:47] people who are much less polite about it
[2:48] than Chief Justice Roberts was.
[2:51] >> The case is also a showdown between
[2:53] religious groups who argue that assisted
[2:55] suicide isn't proper medicine and
[2:58] patients who think that stopping
[3:00] assisted suicide isn't the role of
[3:02] government. Is this the federal
[3:04] government's business?
[3:06] >> Simply no. It's an intervention in and
[3:08] individual human rights.
[3:11] This was the first high-profile case for
[3:13] the new Chief Justice, John Roberts. And
[3:15] just like his predecessor, William
[3:17] Renquist, he was active and he was
[3:18] strict. When Robert said a lawyer's time
[3:20] was up, that lawyer stopped in
[3:22] mid-sentence and sat down. Bob, so why
[3:25] let me ask you this question. We know
[3:26] that Justice Okconor is retiring. What
[3:29] happens if the Senate confirms Harriet
[3:32] Meyers, who the president has nominated
[3:34] to replace her, before the court finally
[3:37] decides this case? Bob, there's a
[3:40] procedure for this. This kind of thing
[3:41] has happened before. And what's happened
[3:43] before, the eight justices who heard the
[3:45] case, presuming Okconor's absence, will
[3:47] vote. If there's a majority, five to
[3:49] three or eight to nothing, then the case
[3:50] is decided with just those eight
[3:52] justices. If it's four to four, though,
[3:54] that's the tricky part. They'll ask all
[3:56] the lawyers to come back and reargue the
[3:58] case. This time in front of the new
[3:59] court with the new ninth justice.
[4:01] >> All right. Thank you very much, Wyatt.
[4:03] Well, it was just weeks after 9/11 that
[4:05] there came a series of anthrax attacks
[4:08] by mail, including one here at CBS News.
[4:11] It was four years ago today that the
[4:13] first victim of the attacks died. A
[4:16] photo editor at the Sun newspaper in
[4:18] Boca Ratan, Florida, and still there
[4:20] have been no arrests. Jim Stewart has an
[4:23] update on the investigation in tonight's
[4:26] inside story.
[4:28] >> It was the simplicity of it all that was
[4:30] so scary. Someone drops a letter in the
[4:33] mail, it disappears into the system and
[4:35] there mingles with millions of other
[4:37] letters to spread its deadly sports.
[4:40] Anyone could get it from well-known
[4:42] newsmen and politicians to elderly
[4:44] retirees. Anthrax didn't discriminate.
[4:47] And as we soon learned, the same person
[4:50] was behind it all.
[4:51] >> The strains are indistinguishable.
[4:53] >> Four years have passed since the anthrax
[4:55] attacks. Five people died, 22 were
[4:58] contaminated. But despite what it calls
[5:00] the biggest investigation of all time,
[5:02] the FBI has no solution and admits it
[5:05] could happen again.
[5:07] >> Should we we be concerned about anthrax
[5:09] attacks in the future? Yes, we should.
[5:11] >> It's become a frustrating global quest
[5:13] for the bureau. Agents have fanned out
[5:15] all over Asia and Africa in recent
[5:17] months. And the valleys of Afghanistan,
[5:19] they heard someone had hidden the
[5:21] anthrax they sought. It wasn't there.
[5:23] Earlier, they drained a pond closer to
[5:25] home. Nothing. After 53,000 tips and
[5:29] 5,000 subpoenas, zero. Randall Merch, a
[5:32] former FBI lab manager, sympathizes.
[5:35] >> We have a situation where uh there's no
[5:37] smoking gun, per se. There's no link,
[5:39] direct link between the person and the
[5:43] and the event and the material used.
[5:45] >> So, increasingly, the bureau likens this
[5:47] case to another one that perplexed them.
[5:49] It took them 17 years to finally flush a
[5:52] disheveled Ted Kazinski out of the
[5:54] mountains and expose him as the uni
[5:56] bomber. they remind us. But what about
[5:58] this case? The answer is always the
[6:00] same.
[6:01] >> To the best of my knowledge, no
[6:02] suspects, no significant leads.
[6:06] >> That's not real reassuring. No, it's
[6:08] not.
[6:08] >> And privately, FBI officials concede the
[6:11] chances for an arrest are getting
[6:12] slimmer by the day. Jim Stewart, CBS
[6:15] News, Washington. It is preliminary to
[6:18] be sure, but there is what looks like
[6:19] some very good news on Alzheimer's
[6:22] disease. And our medical correspondent,
[6:24] Elizabeth Callatin, is here with that.
[6:26] Elizabeth. Well, Bob, one of the biggest
[6:28] challenges with Alzheimer's disease is
[6:29] figuring out who is at risk. This could
[6:32] be a step in the right direction.
[6:35] >> Sarah Martinez is hoping to get a
[6:37] glimpse of the future. She's been
[6:39] forgetting things lately and both of her
[6:42] parents had Alzheimer's disease. So,
[6:44] she's participating in a study to see if
[6:47] Alzheimer's can be predicted years
[6:49] before it strikes.
[6:51] >> I would like to have the control to know
[6:53] that something is going to happen and
[6:56] that I have to get my affairs ready.
[6:58] >> Using EEG technology that measures
[7:01] electrical activity in the brain,
[7:02] researchers have discovered that they
[7:04] can pinpoint the earliest warning signs.
[7:07] We see slow activity here.
[7:10] >> Patterns of brain waves that
[7:11] consistently show up in people who go on
[7:13] to have dementia and Alzheimer's.
[7:15] >> It's like the smoke alarm. You know, you
[7:17] you see the smoke before the fire and if
[7:20] you detect it, possibly that's a time
[7:22] when you can stop it.
[7:23] >> The study followed 44 people over 7
[7:26] years, basically healthy people like
[7:28] Sarah, who were having concerns about
[7:31] memory loss. The EEGs accurately
[7:34] predicted who went on to get symptoms of
[7:36] Alzheimer's in 95% of the cases.
[7:40] >> So we were quite pleased with that. That
[7:41] means that five times out of 100 we may
[7:43] miss um an individual but in 95 out of
[7:46] 100 we will identify them correctly. But
[7:50] this was 44 people.
[7:52] >> Alzheimer's Association President Dr.
[7:54] William thes is concerned the findings
[7:56] are too preliminary. We have a fair
[7:58] amount of work to do before it would
[8:00] become a routine clinical test.
[8:02] >> He believes blood tests and imaging
[8:04] techniques might be better ways to make
[8:06] an early diagnosis. Those methods are
[8:09] being developed, too. Not a moment too
[8:11] soon for Sarah Martinez, who wants to
[8:14] know what's in store.
[8:16] >> I mean, we prepare ourselves for
[8:17] everything else in our lives, but this
[8:20] comes on and you're not aware.
[8:23] So far, Sarah's test shows normal age
[8:25] related memory loss, but the prospect of
[8:27] developing Alzheimer's disease remains
[8:29] one of her leading health concerns. Bob,
[8:32] >> well, since we really don't know what
[8:33] causes this, this has got to be very
[8:36] good news, as preliminary as it is.
[8:38] >> Sure, because the consensus is the
[8:39] earlier we can detect it, the better we
[8:41] can treat it. There are a handful of
[8:43] good drugs out there and they seem to
[8:44] work best when they're delivered early.
[8:47] >> Okay. Well, thank you very much,
[8:48] Elizabeth. More stories are just a click
[8:50] away, but don't forget to join me on
[8:51] television for the on air edition of the
[8:53] CBS Evening News. On Thursday's
[8:56] broadcast, preventing cervical cancer
[8:59] will have the test results of a
[9:01] groundbreaking new treatment. For
[9:03] cbsnews.com,
[9:04] I'm Bob Sheeper.