Attorneys representing the students had hoped that if they won in court, tuition would be lowered to pre-2003 levels, when in-state tuition and fees for undergraduates averaged about $2,500 a year. Undergraduate in-state tuition and fees for the coming school year averages up to $4,949. advertisement 

Tucson attorney Paul Gattone, who represents the students, said he was disappointed in the ruling. He worries that students from middle-income families will be hurt the most by rising tuition because they aren't eligible for as much financial aid as students from lower-income families.

"Certainly we can assume tuition rates are not going to go down any time soon, and they probably will continue to climb," he said. He has not decided whether he will ask the court to reconsider the decision.

The state Board of Regents has contended Arizona's tuition is low in comparison to many state universities. The regents have kept tuition and fees in the lower one-third of a sample of 50 public U.S. universities. The average tuition and fees at those universities is $6,635 a year, according to a regents survey.

Bruce Johnson, the Noels' current attorney, told the South Florida Sun-Sentinel that his clients were "very disappointed."

"We were surprised by the ruling, and we believe it was incorrect," Johnson said to the newspaper.

A telephone message left by The Associated Press at Schlesinger's office and with the attorney representing the firm, Bruce Rogow, was not immediately returned after hours Thursday.

Noel was left paralyzed from the waist down at 6 months old following surgery at a state clinic in 1999. Now 19, she suffers from spina bifida, a congenital defect in which the spinal column fails to close properly.

A Broward jury awarded $8.5 million to the Noels, but state law limits such payments to $200,000 without legislative approval. Lawmakers finally passed the claims bill this year after several failed attempts.

Schlesinger filed a lien asking for more money than the legislation allocated to the firm.

Last month, Chief Financial Officer Alex Sink argued the Circuit Court in Fort Lauderdale lacks jurisdiction on the case. A telephone message and an e-mail left after hours by AP for Sink was not immediately returned.

Noel and her family lived in Broward County when the surgery took place but have since moved to Brevard County, where she is attending college.

About $24 billion, or 8 percent of the last $286 billion highway bill, was devoted to highway and bridge projects singled out by lawmakers. The balance is sent in the form of grants to states, which then decide how it will be spent. Federal money accounts for about 45 percent of all infrastructure spending.

The Democratic chairman of the House Transportation Committee proposed a 5-cent increase in the 18.3 cents-a-gallon federal gasoline tax to establish a new trust fund for repairing or replacing structurally deficient highway bridges.

On terrorism, Bush said he is confident in the ability of Pakistani President Pervez Musharraf to crack down on militants at the Afghan border and cooperate with the U.S.

He said he expected Musharraf to take "swift action if there is actionable intelligence inside his country." Bush refused to address whether the U.S. troops would go into Pakistan without permission from leaders there.

"We spend a lot of time with the leadership in Pakistan talking about what we will do with actionable intelligence," Bush said. "Am I confident they (terrorists) will be brought to justice? My answer is, `Yes I am.' "

Musharraf, a key ally in Washington's fight against terrorism, is under growing U.S. pressure. But the Pakistani leader is under considerable pressure at home too.

He has seen dwindling popular support amid a failed bid to oust the country's chief justice, Iftikhar Mohammed Chaudhry _ an independent-minded judge likely to rule on expected legal challenges to Musharraf's bid for re-election to another five-year term. Musharraf also has been beset by rising violence in the country, particularly following an army raid to end the takeover of the Red Mosque in Islamabad, an operation that left more than 100 people dead.

Speculation that an emergency could be imminent grew after Musharraf on Wednesday abruptly pulled out of a meeting in Kabul with more than 600 Pakistani and Afghan tribal leaders, phoning Afghan President Hamid Karzai to say he couldn't attend because of "engagements" in Islamabad.

At home, Bush ruled out any bailout of homeowners hit with foreclosures in the form of direct assistance. But he said "enormous empathy" is in order for such people and indicated he was open to some federal help for people to refinance and keep their homes.

"The word bailout _ I'm not exactly sure what you mean. If you mean direct grants to homeowners, the answer would be no," the president said.

The delinquency rate on home loans was almost 5 percent in the first three months of the year.

On the controversy of former NFL player Pat Tillman's friendly fire death while serving in the U.S. military in Afghanistan, Bush said "the best way to honor that commitment of his is to find the truth."

He said he expects the military "to get to the bottom" of why Tillman's death was initially explained as the result of enemy fire.

The president described Iran as "a destabilizing influence in the Middle East."

Noting that Iraqi Prime Minister Nouri al-Maliki was in Iran Thursday, Bush said he hoped his message would be the same as the United States' _ that Tehran should halt the export of sophisticed explosive devices into Iraq or "there will be consequences."

He did not say what those consequences would be.

On the U.S. prison at Guantanamo Bay, Cuba, the president pointed the finger at other nations. The U.S. cannot close the controversial facility until other countries agree to take the more than 350 people still there, he said.

"A lot of people don't want killers in their midst," Bush said.

The United States is determined to make sure the worst of them are tried for their alleged crimes, the president said.

Taylor had appealed to the full appeals court after a three-judge panel ruled in June that Missouri’s execution procedure is not cruel and unusual punishment. That ruling had overturned another judge’s decision to ban executions until the lethal injection process was reformed.

Taylor’s attorney said Wednesday that she will ask the U.S. Supreme Court to review the case. And while the high court accepts only a small percentage of the thousands of cases it is asked to review each year, “this has a better shot than most,” attorney Ginger Anders said. “It’s an extremely important issue, one that is going on in a lot of states.”

A Kansas City federal judge’s order last year to suspend executions could be lifted within a week, freeing the Missouri Supreme Court to set execution dates.

But if Taylor asks, and the appeals court agrees, the moratorium could continue while the U.S. Supreme Court decides whether to consider his case.

'Step toward resolution'
Brian Hauswirth, a state Corrections Department spokesman, called the ruling “another step toward resolution of the legal challenges to lethal injection.”

Taylor’s case had prompted a federal judge last year to place a moratorium on executions in Missouri. U.S. District Judge Fernando Gaitan Jr. said he wanted to be sure that the three-drug injection method did not cause risk of pain and suffering.

Gaitan wanted the state to involve a doctor specializing in anesthesia, but the state has been unable to find such a doctor willing to participate in the executions.

The three-judge appeals panel on June 4 reversed Gaitan’s ruling, saying the state’s execution protocol “is designed to ensure a quick, indeed a painless, death.”

But Taylor argued the panel focused too narrowly on the protocol rather than how it is implemented, or any accidents or mistakes by staff that may result.

Days after the June 4 ruling opened the way for restarting executions in Missouri, Attorney General Jay Nixon asked the state Supreme Court to set execution dates for 10 condemned inmates — more than one-fifth of the state’s 44 death row inmates.

Drugs contested

The debate centers on the three drugs used in executions. The argument is that if the initial anesthetic does not take hold, a third drug that stops the heart can be excruciatingly painful. But the inmate would not be able to communicate the pain because of a second drug that paralyzes him.

Missouri is among at least nine states that had put executions on hold as they consider whether lethal injection is inhumane.

Taylor was convicted of killing a 15-year-old girl in Kansas City in 1989 after kidnapping her from a school bus stop. He was hours away from being executed in February 2006 when the procedure was halted.

Missouri hasn’t executed an inmate since convicted killer Marlin Gray was put to death in October 2005.