Celebrations planned as Wash. legalizes marijuana

SEATTLE (AP) — Legal marijuana possession becomes a reality under Washington state law on Thursday, and some people planned to celebrate the new law by breaking it.

Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington's law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.

Nevertheless, some people planned to gather at 12:01 a.m. PST Thursday to smoke in public beneath Seattle's Space Needle. Others planned a midnight party outside the Seattle headquarters of Hempfest, the 21-year-old festival that attracts tens of thousands of pot fans every summer.

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

That law also takes effect Thursday, when gay and lesbian couples can start picking up their wedding certificates and licenses at county auditors' offices. Those offices in King County, the state's largest and home to Seattle, and Thurston County, home to the state capital of Olympia, planned to open the earliest, at 12:01 a.m. Thursday, to start issuing marriage licenses. Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

The Seattle Police Department provided this public marijuana use enforcement guidance to its officers via email Wednesday night: "Until further notice, officers shall not take any enforcement action — other than to issue a verbal warning — for a violation of Initiative 502."

Thanks to a 2003 law, marijuana enforcement remains the department's lowest priority. Even before I-502 passed on Nov. 6, police rarely busted people at Hempfest, despite widespread pot use, and the city attorney here doesn't prosecute people for having small amounts of marijuana.

Officers will be advising people to take their weed inside, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress" — a non-issue, since the measures passed in Washington and Colorado don't "nullify" federal law, which federal agents remain free to enforce.

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Colorado's measure, as far as decriminalizing possession goes, is set to take effect by Jan. 5. That state's regulatory scheme is due to be up and running by October 2013.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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Wall Street gains as Apple rebounds; fiscal talks eyed

NEW YORK (Reuters) - Stocks managed slight gains by midday on Thursday as Broadcom's upbeat guidance and a turnaround in Apple shares helped lift technology stocks, while investors monitored news from Washington for signs of progress on the "fiscal cliff" negotiations.

Apple erased initial losses of as much as 3.7 percent at the open, which briefly brought the market capitalization of the world's largest publicly traded company below $500 billion. By midday, Apple's stock was up 2.3 percent at $551.35 - a day after its worst drop in four years.

Tech stocks also got a lift from chipmaker Broadcom , up 2.2 percent at $33.06 a day after it forecast fourth-quarter revenue at the high end of its target range, citing slightly better-than-expected sales in its mobile business.

The S&P technology index <.gspt> gained 1 percent and ranked as the best performer among the S&P 500's 10 major sectors. The PHLX semiconductor index <.sox> rose 0.9 percent.

But budget discussions commanded center stage for investors. President Barack Obama said there could be a quick deal to avert the "fiscal cliff" - huge tax hikes and spending cuts set to begin in January, possibly driving the U.S. economy back into recession next year - if Republican leaders agree to raise tax rates for those making more than $250,000 a year.

While Republican leaders in the U.S. House of Representatives insist that raising tax rates on the rich is not negotiable, some GOP lawmakers now see it as inevitable to avoid the fiscal cliff.

"It's really being held hostage to (the fiscal cliff negotiations) and the stock action of Apple," said Bruce Zaro, chief technical strategist at Delta Global Asset Management in Boston.

"We're back in the mode of there's a direct correlation between the market and Apple - traders seems to be focused on the movement of Apple, and what its impact is on the indices."

Without action from Congress in the next few weeks, tax cuts on capital gains and dividends will expire at the end of 2012.

The Dow Jones industrial average <.dji> gained 8.64 points, or 0.07 percent, to 13,043.13. The Standard & Poor's 500 Index <.spx> added 2.66 points, or 0.19 percent, to 1,411.94. The Nasdaq Composite Index <.ixic> climbed 19.82 points, or 0.67 percent, to 2,993.52.

Apple Inc's rank in China's smartphone market fell to No.6 in the third quarter as it faces tougher competition from Chinese brands, research firm IDC said on Thursday. Apple's 6.4 percent drop on Wednesday was its worst daily performance since December 2008 and dragged the Nasdaq Composite Index down 0.8 percent for the day.

Sirius XM Radio shares rose 1.8 percent to $2.83 after its board approved a $2 billion stock repurchase and declared a special dividend, giving a big payout to its largest shareholder, Liberty Media .

Garmin shares rose 4.7 percent to $41.56 after Standard & Poor's said it would add the navigation device maker to the S&P 500 index. Garmin will replace R.R. Donnelley & Sons after the close of trading on December 11.

(Reporting by Chuck Mikolajczak; Editing by Jan Paschal)

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Egypt clashes erupt despite proposal to end crisis

CAIRO (Reuters) - Islamists fought protesters outside the Egyptian president's palace on Wednesday, while inside the building his deputy proposed a way to end a crisis over a draft constitution that has split the most populous Arab nation.

Stones and petrol bombs flew between opposition protesters and supporters of President Mohamed Mursi who had flocked to the palace in response to a call from the Muslim Brotherhood.

Two Islamists were hit in the legs by what their friends said were bullets fired during the clashes in streets around the compound in northern Cairo. One of them was bleeding heavily.

A leftist group said Islamists had cut the ear off one of its members, inflicting serious head wounds on him.

Riot police began to deploy between the two sides to try to end the violence which flared after dark despite an attempt by Vice President Mahmoud Mekky to calm the political crisis.

He said amendments to disputed articles in the draft constitution could be agreed with the opposition. A written agreement could then be submitted to the next parliament, to be elected after a referendum on the constitution on December 15.

"There must be consensus," he told a news conference, saying opposition demands must be respected to overcome the crisis.

Opposition leader Amr Moussa, a former foreign minister and secretary-general of the Arab League, said Mursi should make a formal offer for dialogue if his opponents were to consider seriously Mekky's ideas for a way out of the political impasse.

"We are ready when there is something formal, something expressed in definite terms, we will not ignore it," Moussa told Reuters during talks with other opposition figures.

Opposition leaders have previously urged Mursi to retract a decree widening his powers, defer the plebiscite and agree to revise the constitution, but have not echoed calls from street protesters for his overthrow and the "downfall of the regime".

UNDER SIEGE

Mursi had returned to work at his compound a day after it came under siege from protesters furious at his assumption of extraordinary powers via an edict on November 22.

The president, narrowly elected by popular vote in June, said he acted to stop courts still full of judges appointed by ousted strongman Hosni Mubarak from derailing a constitution meant to complete a political transition in Egypt, long an ally of Washington and signatory to a 1979 peace deal with Israel.

Rival groups skirmished earlier outside the presidential palace on Wednesday. Islamist supporters of Mursi tore down tents erected by leftist foes, who had begun a sit-in there.

"They hit us and destroyed our tents. Are you happy, Mursi? Aren't we Egyptians too?" asked protester Haitham Ahmed.

Mohamed Mohy, a pro-Mursi demonstrator who was filming the scene, said: "We are here to support our president and his decisions and save our country from traitors and agents."

Facing the gravest crisis of his six-month-old tenure, Mursi has shown no sign of buckling, confident that Islamists can win the referendum and a parliamentary election to follow.

Many Egyptians yearn for an end to political upheaval that has scared off investors and tourists, damaging the economy.

Mekky said street mobilization by both sides posed a "real danger" to Egypt. "If we do not put a stop to this phenomenon right away ... where are we headed? We must calm down."

U.S. Secretary of State Hillary Clinton weighed into Egypt's political debate, saying dialogue was urgently needed on the new constitution, which should "respect the rights of all citizens".

Clinton and Mursi worked together last month to broker a truce between Israel and Hamas Islamists in the Gaza Strip.

"It needs to be a two-way dialogue ... among Egyptians themselves about the constitutional process and the substance of the constitution," Clinton told a news conference in Brussels.

Washington is worried about rising Islamist power in Egypt, a staunch U.S. security partner under Mubarak.

"LAST WARNING"

The Muslim Brotherhood had summoned supporters to an open-ended demonstration at the presidential palace, a day after about 10,000 opposition protesters had encircled it for what organizers dubbed a "last warning" to Mursi.

"The people want the downfall of the regime," they chanted, roaring the signature slogan of last year's anti-Mubarak revolt.

Officials said 35 protesters and 40 police were wounded.

The "last warning" may turn out to be one of the last gasps for a disparate opposition that has little chance of scuttling next week's vote on a constitution drawn up over six months and swiftly approved by an Islamist-dominated assembly.

State institutions, with the partial exception of the judiciary, have mostly fallen in behind Mursi.

The army, the muscle behind all previous Egyptian presidents in the republic's six-decade history, has gone back to barracks, having apparently lost its appetite to intervene in politics.

In a bold move, Mursi sacked Mohamed Hussein Tantawi, the Mubarak-era army commander and defense minister, in August and removed the sweeping powers that the military council, which took over after Mubarak fell, had grabbed two months earlier.

The liberals, leftists, Christians, ex-Mubarak followers and others opposed to Mursi have yet to generate a mass movement or a grassroots political base to challenge the Brotherhood.

Investors have seized on hopes that Egypt's turbulent transition, which has buffeted the economy for two years, may soon head for calmer waters, sending stocks 1.6 percent higher after a 3.5 percent rally on Tuesday.

Egypt has turned to the IMF for a $4.8 billion loan to help it out of a crisis that has depleted its foreign currency reserves. The government said on Wednesday the process was on track and its request would go to the IMF board as expected.

The board is due to review the facility on December 19.

(Additional reporting by Tom Perry, Tamim Elyan and Edmund Blair; Writing by Alistair Lyon; Editing by Jon Hemming)

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PlayStation 3 was the world’s No.1 Netflix streaming device this year

There are dozens of devices that can stream Netflix (NFLX), but only one can machine be crowned the king of the living room. According to Netflix, that device is Sony’s (SNE) PlayStation 3 console. Without revealing any specific figures, Netflix announced on its blog “in the U.S. and globally, PS3 is the largest TV-connected platform in terms of Netflix viewing” and that “at times, PS3 even surpassed the PC in hours of Netflix enjoyment to become our No. 1 platform overall.” 

Netflix’s blog is quick to mention why the PS3 is the most popular streaming device this year, applauding it for being the first console to have 1080p HD video and 5.1-channel Dolby Digital Plus surround sound, post-play, second screen controls, subtitles and easy app updates.

While the Xbox 360 is gaining ground in terms of how many hours users spend watching videos on it, streaming video services such as Netflix requires an Xbox LIVE Gold subscription. One reason why the PlayStation 3 might be leading Netflix streaming is because it doesn’t require a subscription fee to have access to the Netflix app, or any other streaming video app such as Amazon (AMZN) Instant Video.

“The PlayStation and Netflix communities both share a strong passion for high quality entertainment,” Sony Computer Entertainment of America CEO and president Jack Tretton said. “Netflix provides a fantastic experience for watching TV shows and movies on PS3, and our joint development will continue to produce innovations for our customers that further demonstrate PS3 as the true home for entertainment in the living room.”

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Leonardo DiCaprio & Miranda Kerr Party in N.Y.C. with Cameron Diaz

By Andrea Billups

12/05/2012 at 12:25 PM EST

Leonardo DiCaprio and Miranda Kerr

Jon Kopaloff/FilmMagic; Astrid Stawiarz/Getty

Miranda Kerr and longtime pal Leonardo DiCaprio joined a late-night dance party at new club Rosewood last Friday, partying with Cameron Diaz and a contingent of Australian models.

Their meet-up at the club comes amid some tabloid reports that Victoria's Secret model Kerr – who's married to Orlando Bloom, 35, and gave birth to their son Flynn in 2011 – was getting flirty with DiCaprio.

But a club source at Rosewood said the two were simply out for a little music and dancing with a group that included Naomi Campbell's billionaire boyfriend Vladimir Doronin.

"Miranda and Leo are really good friends, been friends for years," the source says "It was a PG -13 fun night. ... It was one big table [of people] ... dancing on top of the banquette."

Adds a source close to the Victoria's Secret model: "Miranda is visiting Orlando this weekend in London, and all the rumors about them having trouble are much ado about nothing." (Bloom has been in South Africa shooting his latest film Zulu, according to reports.)

Kerr, 29, and DiCaprio have been spotted around town together – at The Darby on Nov. 10 for a birthday bash for DiCaprio, dining with a group at ABC Kitchen on Nov. 21 and, most recently, at Rosewood last Friday.

DiCaprio, who turned 38, recently split with model girlfriend Erin Heatherton.

Meanwhile, a second source calls any talk of a romance between DiCaprio and Kerr "B.S," adding, "They are just friends."

• Reporting by SHARON COTLIAR, CARLOS GREER and LIZ MCNEIL

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Longer tamoxifen use cuts breast cancer deaths

Breast cancer patients taking the drug tamoxifen can cut their chances of having the disease come back or kill them if they stay on the pills for 10 years instead of five years as doctors recommend now, a major study finds.

The results could change treatment, especially for younger women. The findings are a surprise because earlier research suggested that taking the hormone-blocking drug for longer than five years didn't help and might even be harmful.

In the new study, researchers found that women who took tamoxifen for 10 years lowered their risk of a recurrence by 25 percent and of dying of breast cancer by 29 percent compared to those who took the pills for just five years.

In absolute terms, continuing on tamoxifen kept three additional women out of every 100 from dying of breast cancer within five to 14 years from when their disease was diagnosed. When added to the benefit from the first five years of use, a decade of tamoxifen can cut breast cancer mortality in half during the second decade after diagnosis, researchers estimate.

Some women balk at taking a preventive drug for so long, but for those at high risk of a recurrence, "this will be a convincer that they should continue," said Dr. Peter Ravdin, director of the breast cancer program at the UT Health Science Center in San Antonio.

He reviewed results of the study, which was being presented Wednesday at a breast cancer conference in San Antonio and published by the British medical journal Lancet.

About 50,000 of the roughly 230,000 new cases of breast cancer in the United States each year occur in women before menopause. Most breast cancers are fueled by estrogen, and hormone blockers are known to cut the risk of recurrence in such cases.

Tamoxifen long was the top choice, but newer drugs called aromatase inhibitors — sold as Arimidex, Femara, Aromasin and in generic form — do the job with less risk of causing uterine cancer and other problems.

But the newer drugs don't work well before menopause. Even some women past menopause choose tamoxifen over the newer drugs, which cost more and have different side effects such as joint pain, bone loss and sexual problems.

The new study aimed to see whether over a very long time, longer treatment with tamoxifen could help.

Dr. Christina Davies of the University of Oxford in England and other researchers assigned 6,846 women who already had taken tamoxifen for five years to either stay on it or take dummy pills for another five years.

Researchers saw little difference in the groups five to nine years after diagnosis. But beyond that time, 15 percent of women who had stopped taking tamoxifen after five years had died of breast cancer versus 12 percent of those who took it for 10 years. Cancer had returned in 25 percent of women on the shorter treatment versus 21 percent of those treated longer.

Tamoxifen had some troubling side effects: Longer use nearly doubled the risk of endometrial cancer. But it rarely proved fatal, and there was no increased risk among premenopausal women in the study — the very group tamoxifen helps most.

"Overall the benefits of extended tamoxifen seemed to outweigh the risks substantially," Dr. Trevor Powles of the Cancer Centre London wrote in an editorial published with the study.

The study was sponsored by cancer research organizations in Britain and Europe, the United States Army, and AstraZeneca PLC, which makes Nolvadex, a brand of tamoxifen, which also is sold as a generic for 10 to 50 cents a day. Brand-name versions of the newer hormone blockers, aromatase inhibitors, are $300 or more per month, but generics are available for much less.

The results pose a quandary for breast cancer patients past menopause and those who become menopausal because of their treatment — the vast majority of cases. Previous studies found that starting on one of the newer hormone blockers led to fewer relapses than initial treatment with tamoxifen did.

Another study found that switching to one of the new drugs after five years of tamoxifen cut the risk of breast cancer recurrence nearly in half — more than what was seen in the new study of 10 years of tamoxifen.

"For postmenopausal women, the data still remain much stronger at this point for a switch to an aromatase inhibitor," said that study's leader, Dr. Paul Goss of Massachusetts General Hospital. He has been a paid speaker for a company that makes one of those drugs.

Women in his study have not been followed long enough to see whether switching cuts deaths from breast cancer, as 10 years of tamoxifen did. Results are expected in about a year.

The cancer conference is sponsored by the American Association for Cancer Research, Baylor College of Medicine and the UT Health Science Center.

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Blue chips lead Wall Street bounce back

Facebook (FB) announced on Tuesday that it will begin opening Facebook Messenger to consumers who do not have a Facebook account, starting in countries like India and South Africa, and later rolling out the service in the United States and Europe. This is a belated acknowledgement of a staggering strategic mistake Facebook made two years ago. That is when the messaging app competition was still wide open and giants like Facebook or Google (GOOG) could have entered the competition. WhatsApp, the leading messaging app firm, had just 1 million users as late as December 2009. By the end of 2010, that number had grown to 10 million. Right now, it likely tops 200 million, though there is no current official number

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Egypt's Mursi leaves palace as police battle protesters

CAIRO (Reuters) - Egyptian police battled thousands of protesters outside President Mohamed Mursi's palace in Cairo on Tuesday, prompting the Islamist leader to leave the building, two presidential sources said.

Police fired teargas at demonstrators angered by Mursi's drive to hold a referendum on a new constitution on December 15. Some broke through police lines around his palace and protested next to the perimeter wall.

Several thousand people had gathered nearby in what they dubbed "last warning" protests against Mursi, who infuriated opponents with a November 22 decree that expanded his powers. "The people want the downfall of the regime," the crowd chanted.

"The president left the palace," a presidential source, who declined to be named, told Reuters. A security source at the presidency also said the president had left the building.

Mursi ignited a storm of unrest in his bid to prevent a judiciary still packed with appointees of ousted predecessor Hosni Mubarak from derailing a troubled political transition.

Riot police at the palace faced off against activists chanting "leave, leave" and holding Egyptian flags with "no to the constitution" written on them. Protesters had assembled near mosques in northern Cairo before marching towards the palace.

"Our marches are against tyranny and the void constitutional decree and we won't retract our position until our demands are met," said Hussein Abdel Ghany, a spokesman for an opposition coalition of liberal, leftist and other disparate factions.

Despite the latest protests, there has been only a limited response to opposition calls for a mass campaign of civil disobedience in the Arab world's most populous country and cultural hub, where many people yearn for a return to stability.

A few hundred protesters gathered earlier near Mursi's house in a suburb east of Cairo, chanting slogans against his decree and against the Muslim Brotherhood, from which the president emerged to win a free election in June. Police closed the road to stop them from coming any closer, a security official said.

Opposition groups have accused Mursi of making a dictatorial power grab to push through a constitution drafted by an assembly dominated by Islamists, with a referendum planned for December 15.

Egypt's most widely read independent newspapers did not publish on Tuesday in protest at Mursi's "dictatorship". Banks closed early to let staff go home safely in case of trouble.

Abdelrahman Mansour in Cairo's Tahrir Square, the cradle of the anti-Mubarak revolt, said: "The presidency believes the opposition is too weak and toothless. Today is the day we show them the opposition is a force to be reckoned with."

After winning post-Mubarak elections and pushing the Egyptian military out of the political driving seat it held for decades, the Islamists sense their moment has come to shape the future of Egypt, a longtime U.S. ally whose 1979 peace treaty with Israel is a cornerstone of Washington's Middle East policy.

The Muslim Brotherhood and its allies, who staged a huge pro-Mursi demonstration on Saturday, are confident that enough members of the judiciary will be available to oversee the mid-December referendum, despite calls by some judges for a boycott.

Cairo stocks closed up 3.5 percent on Tuesday as investors took heart at what they saw as prospects for a return to stability in a country whose divisions have only widened since a mass uprising toppled Mubarak on February 11, 2011.

Mohamed Radwan, at Pharos Securities brokerage, said the Supreme Judicial Council's agreement to supervise the referendum had generated confidence that the vote would happen "despite all the noise and demonstrations that might take place until then".

"NO WAY PERFECT"

Prime Minister Hisham Kandil, a technocrat with Islamist sympathies, said in an interview with CNN: "We certainly hope that things will quiet down after the referendum is completed."

He said the constitution was "in no way a perfect text" that everyone had agreed to, but that a "majority consensus" favored moving forward with the referendum in 11 days' time.

The Muslim Brotherhood, now tasting power via the ballot box for the first time in eight decades of struggle, wants to safeguard its gains and appears ready to override street protests by what it regards as an unrepresentative minority.

It is also determined to stop the courts, which have already dissolved the Islamist-led elected lower house of parliament, from further obstructing their blueprint for change.

Mohamed ElBaradei, coordinator of an opposition National Salvation Front, has said Mursi must rescind his decree, drop plans for the referendum and agree on a new, more representative constituent assembly to draft a democratic constitution.

In an opinion piece published in the Financial Times, he accused Mursi and the Brotherhood of believing that "with a few strokes of a pen, they can slide (Egypt) back into a coma".

ElBaradei, a Nobel Peace Prize laureate who once headed the U.N. nuclear watchdog, wrote: "If they continue to try, they risk an eruption into violence and chaos that will destroy the fabric of Egyptian society."

Despite charges that they are anti-Islamist and politically motivated, judges say they are following legal codes in their rulings. Experts say some political changes rushed through in the past two years have been on shaky legal ground.

A Western diplomat said the Islamists were counting on a popular desire for restored normality and economic stability.

"All the messages from the Muslim Brotherhood are that a vote for the constitution is one for stability and a vote against is one for uncertainty," he said, adding that the cost of the strategy was a "breakdown in consensus politics".

(Additional reporting by Tom Perry, Tamim Elyan and Edmund Blair; Writing by Alistair Lyon; Editing by Michael Roddy)

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Shania Twain & Jennifer Lopez: Looking Bangin' in Bodysuits

Stylewatch
Style News Now

12/04/2012 at 10:00 AM ET

Arnulfo Franco/AP (2)

If this is what being in your 40s looks like, then sign us up now!

Shania Twain kicked off her Las Vegas residency over the weekend, taking the stage at Caesars Palace in a shimmering skintight bodysuit.

“The show is very fun for me,” Twain, 47, told reporters. “I was a bit worried that we were staying in the same place. Was I going to lose that edge? But I’ve never had a show this exciting before.”

Her glimmering look called to mind the Zuhair Murad bodysuit Jennifer Lopez, 43, wore while touring the world this summer. “My utmost wish is for each costume to create a ‘Wow!’ effect the moment she steps on stage,” Murad told PEOPLE at the time. “Jennifer has a beautiful body and wears each look perfectly.”

Yes, we know, there are likely rigorous workouts, serious shapewear, personal chefs and good genes involved in looking this hot in a bodysuit, but we’re giving major props to these women anyway. May we have bodies that look even half that great when we hit that age!

PHOTOS: SEE MORE STARS IN SIMILAR LOOKS IN ‘FASHION FACEOFF’

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CDC says US flu season starts early, could be bad

NEW YORK (AP) — Flu season in the U.S. is off to its earliest start in nearly a decade — and it could be a bad one.

Health officials on Monday said suspected flu cases have jumped in five Southern states, and the primary strain circulating tends to make people sicker than other types. It is particularly hard on the elderly.

"It looks like it's shaping up to be a bad flu season, but only time will tell," said Dr. Thomas Frieden, director of the Centers for Disease Control and Prevention.

The good news is that the nation seems fairly well prepared, Frieden said. More than a third of Americans have been vaccinated, and the vaccine formulated for this year is well-matched to the strains of the virus seen so far, CDC officials said.

Higher-than-normal reports of flu have come in from Alabama, Louisiana, Mississippi, Tennessee and Texas. An uptick like this usually doesn't happen until after Christmas. Flu-related hospitalizations are also rising earlier than usual, and there have already been two deaths in children.

Hospitals and urgent care centers in northern Alabama have been bustling. "Fortunately, the cases have been relatively mild," said Dr. Henry Wang, an emergency medicine physician at the University of Alabama at Birmingham.

Parts of Georgia have seen a boom in traffic, too. It's not clear why the flu is showing up so early, or how long it will stay.

"My advice is: Get the vaccine now," said Dr. James Steinberg, an Emory University infectious diseases specialist in Atlanta.

The last time a conventional flu season started this early was the winter of 2003-04, which proved to be one of the most lethal seasons in the past 35 years, with more than 48,000 deaths. The dominant type of flu back then was the same one seen this year.

One key difference between then and now: In 2003-04, the vaccine was poorly matched to the predominant flu strain. Also, there's more vaccine now, and vaccination rates have risen for the general public and for key groups such as pregnant women and health care workers.

An estimated 112 million Americans have been vaccinated so far, the CDC said. Flu vaccinations are recommended for everyone 6 months or older.

On average, about 24,000 Americans die each flu season, according to the CDC.

Flu usually peaks in midwinter. Symptoms can include fever, cough, runny nose, head and body aches and fatigue. Some people also suffer vomiting and diarrhea, and some develop pneumonia or other severe complications.

A strain of swine flu that hit in 2009 caused a wave of cases in the spring and then again in the early fall. But that was considered a unique type of flu, distinct from the conventional strains that circulate every year.

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Online:

CDC: http://www.cdc.gov/flu/weekly

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