Author: condor

OMB Gets “No Stay” In First Circuit — Tangerine 2.0 Loses Again! Rhode Island Injunction Continues (“Freeze Stays Frozen”) Against OMB/DOGE Actions…

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Again… these guys couldn’t do a much worse job of changing government mechanisms… if they tried their best to do so.

They are just so fecklessly incompetent — and malignant — that the whole thing has become a sad farce. When Hinderaker calls the efforts “a juggernaut” today, I assume he must mean… in the same way a crippled sub… sinks, to the bottom of the Pacific. But whatever — he was never very good with pithy metaphors. Heh.]

In any event, here’s the First Circuit’s 48 page slapdown of today, and a bit:

…OMB circulated a document to federal agencies entitled “Instructions for Federal Financial Assistance Program Analysis in Support of M-25-13” (“OMB Spreadsheet”). It “required” “[a]ll Federal agencies that provide Federal financial assistance… to complete the attached spreadsheet and submit it to OMB” by February 7, 2025. The spreadsheet listed over 2,500 federal funding lines, including for programs that the OMB Q&A explicitly stated were excluded from the pause, the Head Start program being one example….

[T]he Plaintiff-States alleged that they receive significant amounts of federal funds to provide essential services to their residents. They further alleged that the Agency Defendants’ implementation of the OMB Directive, by resulting in the withholding of these funds and providing them with less than twenty-four hours’ notice of doing so, would interfere with their ability to provide such services. They alleged, too, that the tight time frame for the OMB Directive’s implementation and the last-minute notice of it “compounded the[ir] injuries” because they could neither “prepare for or mitigate” the fiscal impact nor effectively plan for any future or downstream fiscal effects….

[D]espite bearing a “strong showing” burden under Nken’s first factor, the [Trumpian] Defendants make no clear or developed argument to us that the District Court abused its discretion in relying on that record to apply the preliminary injunction to such freezes. We thus conclude that, as to this aspect of their motion for the stay, the Defendants also have failed to make a strong showing of their likelihood of success on the merits….

So… it is like… 82-3 against Tangerine 2.0. Hilarious.

नमस्ते

Power Alley: In The Merck v. Merck Multi-Billion Dollar Federal Lanham Act Name Spat In Newark, There Will Be Oral Argument Held On May 30, 2025…

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The argument that day will be over what sort of limits may be placed on evidence — to be introduced at some future bench trial date, on which of the two is usurping the other’s name and branding.

I suspect the real goal of the oral argument will be to help each side see the weaknesses in its own case, here. That is where the able Senior USDC Judge is heading, I think.

Yes, as I’ve long said, this case should settle. Neither side should risk losing well-over a century’s worth of brand goodwill, built up in the two iconic pharma names and word marks at right, globally… by going to trial. There is much room for a settlement that allows each to move on. But we shall see. Here’s the able USDC Judge Salas’s order, just entered — for that May date:

…TEXT ORDER:

The Court will hold oral argument on Defendants’ motions in limine (D.E. Nos. [261], [262], [264], [268], [269] & [271]) on Friday, 5/30/2025 at 01:00 PM in Newark – Courtroom 5A before Judge Esther Salas.

In the interim, Defendants’ motions in limine (D.E. Nos. [261], [262], [264], [268], [269] & [271]) are ADMINISTRATIVELY TERMINATED for docket management purposes only.So Ordered by Judge Esther Salas on 3/27/2025….

Onward, as Kennedy outlines plans to cut about 10,000 positions from Health and Human Services. Damn. That’s a setback, for the progress of bio-sciences, and human health care. Just… damn.

नमस्ते

CREW Files Its First Expedited Discovery Request, In DC — Of Elon Musk And DOGE. And It’s A Banger!

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This will be very enlightening.

This also “drags back in” the breaches of employment terms Elon Musk allegedly committed when he fired all those X-itter workers two years ago (as he bought it, and rebranded Twitter as. . . X-itter). Obviously, he’s using the exact same playbook here, is the allegation (see the last several pages of this attachment — at pages 10, 11 and 12 — to the discovery motion).

…All documents, including responses, produced in response to Plaintiff States’ First Set of Written Discovery in New Mexico v. Musk, No. 1:25-cv-429 (D.D.C. filed February 13, 2025), and the consolidated case Japanese American Citizens League v. Musk, 1:25-cv-643 (D.D.C. filed Mar. 5, 2025), including copies of Defendants’ answers to all requests for production, interrogatories, and requests for admission, including objections, as well as any exhibits, attachments, logs, files, or other things produced in response to Plaintiff States’ requests in that case, as well as any deposition transcripts produced….

Plaintiff also seeks a deposition of DOGE under Fed. R. Civ. P. 30(b)(6) on the following topics:

. . .Describe all instances in which any DOGE employee told an employee of a federal agency that the DOGE employee would or could call law enforcement in response to the other employee’s conduct, including who made such statement, the federal agency and conduct of the federal agency employee at issue, the law enforcement entity referenced, and, if the law enforcement was called, who made the call and law enforcement’s response….

Identify whether any DOGE employee or DOGE Team member has used or presently uses non-official messaging systems or applications with auto-delete functionality, including but not limited to Signal, to conduct government business [in violation of federal record-keeping laws; and identify…]

DOGE’s establishment, mission, responsibilities, personnel, leadership structure, authorities, and decision-making and reporting structure (including the relationship of DOGE to DOGE Teams and DOGE employees detailed to or otherwise working at or with federal agencies and the relationship of DOGE Teams to federal agencies) between January 20, 2025 and the date of deposition.

The scope of DOGE’s and DOGE Teams’ authority with regard to federal agencies, and actions DOGE or DOGE Teams have actually undertaken with regard to federal agencies, between January 20, 2025 and the date of deposition.

The role and responsibilities of all DOGE employees detailed to or otherwise working at or with federal agencies, or having supervisory authority over DOGE employees detailed to or otherwise working at or with federal agencies, between January 20, 2025 and the date of deposition, including their titles at DOGE and any federal government entity; their responsibilities at federal agencies, DOGE, and any other federal government entities to which they have been detailed and/or otherwise assigned; their authority with regard to
other federal agency staff; the supervision of said DOGE employees; and the policies, procedures, and protocols pertaining to their detailing to and activities at other federal agencies.

DOGE’s budget, resources, funding, and expenditure of federal funds.

DOGE’s recordkeeping and retention policies and practices….

Yep — these jamokes are in for a rough ride. Just as it ought to be. Onward.

नमस्ते

Space Telescope Advances — In Just About 18 Years: Spitzer To JWST…

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Regardless of how one feels about the naming of the JWST, there can be no debate — about its peepers: the gain in visual acuity is nothing short of breathtaking.

Both Hubble and Spitzer took wonderful images, even into the infrared, as well — for their day. But the Webb, or JWST as I refer to it… is like using binoculars for the first time, after hunting down hummingbirds, with your bare eyes… for decades. These are the same star forming region inside our own Milky Way, in a spot called Herbig-Haro 49/50 (HH 49/50), or the “Cosmic Tornado”.

It is very nearby — right in the neighborhood, when we are speaking in galaxy-scales.

I’ll offer more on the interstellar science about it all — and a nice new masthead… likely over the coming weekend.

But I wanted to pause here a moment — to note the geometric leap we’ve made in imaging, in under one crop of undergrads. These are things to smile about, even as a Secretary of Defense lies to our faces. Onward.

नमस्ते

Mr. Khalil And Other Columbia Students To Amend Their Complaint Against Kristi Noem And Trump And ICE And DHS…

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We will tune in tomorrow to several audio streamed hearings, including this one. Mr. Khalil will have the upper hand, that much is certain.

So… this will be interesting:

…Notwithstanding the Executive Branch Defendants’ and the Congressional Defendants’ position, in light of the fact that the Court maintained the Temporary Restraining Order pending the supplemental briefing owed to the Court tomorrow and contemplating Plaintiffs’ filing of an amended complaint, it is Plaintiffs’ position that the Temporary Restraining Order should remain in place unless and until the Court decides otherwise based on the filings tomorrow afternoon and the filing of the second amended complaint on Tuesday, or at whatever time the Court determines.

Accordingly, it is respectfully requested that the Court’s grant Plaintiffs’ request, pursuant to Fed. R. Civ. P. Rule 15(a)(2), to amend their complaint a second time….

Onward, grinning — these Tangerine 2.0 folks are… malign idiots.

New Supplement — In SF/Seattle — More Mayhem, From Trumpian Foot-Dragging On Complying With Court Orders Re Probationary Employees At HUD And NOAA…

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Pending before the able USDC Judge Alsup is a motion to compel the federal government to comply with the Alsup TRO and other prior orders, as to probationary employees. It seems Tangerine and Musk are foot-dragging on compliance.

In fact, it was just about two days ago that some Oregon HUD probationary employees were finally, unequivocally notified that they were re-instated, if that was what they wished. That order was entered 15 days ago, now. They are all owed missing paychecks, through tonight — no matter what. Here’s the just filed 22 page supplement — and a bit:

…The mass termination of probationary federal employees will have rippling effects statewide. For example, sweeping terminations of probationary employees at the Department of Housing and Urban Development (HUD) could “effectively incapacitate” Washington’s housing authorities, which provide vital services to low-income Washingtonians. Dkt 70-7 ¶ 8. Mass firings at the National Institutes of Health would have deep financial implications for Washington state’s top research institutions. Id. ¶ 12. Terminations of NPS probationary employees will lead to unsafe conditions in Washington’s national parks — which receive tens of millions of visitors per year — and hamper park rangers’ ability to assist or rescue injured visitors. Id. ¶ 13.
Terminations at agencies like the BOR and the U.S. Army Corps of Engineers risk compromising critical infrastructure such as the Grand Coulee Dam, the largest hydropower producer in the United States. Id. ¶ 16. And probationary employee terminations impacting wildfire response will significantly diminish Washington’s ability to prevent, respond, and contain catastrophic wildfires. Id. ¶ 15.

Of course, the record is already replete with examples of harms that have affected other Plaintiffs and that would similarly affect the State of Washington….

This may well lead to more than one Tangeriner or Muskite… spending a few nights in jail. Geez. Out.

नमस्ते

Y A W N. In Which Hinderaker Chooses Boot-Licking, Over Patriotism.

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So… Hinderaker thinks that leaking live covert war plans via a Signal feed… is not a big deal. But, of course.

And he thinks (one drunk covering for another — Hinderaker for Hegseth) the fact that we carried out the bombing without losing US troops is all that matters.

Funny that he never established these rules while chanting “lock her up!” in 2016.

And it is puzzling that he thinks “accidental” leaks to a journalists whose intentions are unknown are… somehow less blameworthy than planting a story one wants told — in a journalist’s hands. That is frankly insane. We send out propaganda all the time. Trump does it 24/7/365.

The idea that Hegseth wagging his d*ck around on an unsecure line about an ongoing covert military strike… is in any manner less dangerous — why? — because he got lucky and included a patriot(?!?) rather than a malign actor?

…Strongly suggest that Hinderaker is fully… senile — or lying. Likely the latter, of course.

Even “funnier“, that he ignores the use of Signal (in a live military op) is a separate felony, for all the reasons us adults would sensibly imagine.

John is that special kind of liar — that kind that only sees danger when someone he dislikes does something.

Hinderaker openly lies in saying that it is a “non-issue” to have a drunkard putting our troops and spies in harms way needlessly, due to Hegseth’s need to swing his d*ck about, an hour or so before he drops bombs on unarmed humans. The man was likely drunk and wanted to brag to his boys. This is exactly why the whole notion of it should be a cashiering offense John.

Damn — you are a sad, bitter, old has-been. Take a seat, son.

Power Alley: Merck’s Capvaxive® (Pneumococcal 21-Valent Conjugate Vaccine) Clears EU Health Regulators: Good News!

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This is very good news, for Rahway.

The company had previously received Australian, Canadian, and US FDA clearance — but awaits clearance in Japan — for the this same new 21 valent strep vaccine candidate. It will come. Here’s the latest — not material just yet, but good news, just the same:

…[Merck] announced today that the European Commission (EC) has approved CAPVAXIVE® (Pneumococcal 21-valent Conjugate Vaccine) for active immunization for the prevention of invasive disease and pneumonia caused by Streptococcus pneumoniae serotypes 3, 6A, 7F, 8, 9N, 10A, 11A, 12F, 15A, 15B, 15C, 16F, 17F, 19A, 20A, 22F, 23A, 23B, 24F, 31, 33F and 35B in individuals 18 years of age and older. CAPVAXIVE is a pneumococcal vaccine specifically designed to help protect adults from the serotypes responsible for the majority of invasive pneumococcal disease (IPD) cases. The EC approval of CAPVAXIVE is based on safety and immunogenicity data from the Phase 3 STRIDE clinical program….

This decision authorizes the marketing of CAPVAXIVE in all 27 European Union (EU) member states, as well as Iceland, Liechtenstein and Norway. The timing for availability of CAPVAXIVE in individual countries will depend on multiple factors, including the completion of reimbursement procedures. CAPVAXIVE was approved in the U.S. in June 2024, in Canada in July 2024, and in Australia in January 2025.

“Pneumococcal disease continues to pose a significant risk for adults in Europe, among adults who are 65 or older, and also among younger adults who are immunocompromised or have chronic medical conditions,” said Dr. Lina Pérez Breva, Vaccine Research, Fisabio – Public Health, Valencia, Spain….

Onward, smiling — ever, smiling. Be excellent to one another.

नमस्ते

The “Ghost Guns” Remain Unlawful In The US: Thanks To The Sanity Of The Last Biden/Harris Administration.

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Just as we said it would, a solid 7-2 majority of the Supremes have banned the making and selling of “ghost guns”, here in the USA.

This is a victory for sanity, for Mr. Biden and Kamala Harris, and for Democrats and Republicans who still believe the phrase in the Second Amendment reading “well-regulated” means something. It is not the anywhere near the end — but a good start, at our crazily permissive gun laws.

…Shortly after the assassinations of Senator Robert F. Kennedy and Dr. Martin Luther King, Jr. stunned the Nation, Congress adopted the Gun Control Act of 1968 (GCA). Pub. L. 90–618, 82 Stat. 1213. Existing gun control measures, Congress found, allowed criminals to acquire largely untraceable guns too easily. See 82 Stat. 225. Often, for example, criminals could evade state laws regulating in-person sales simply by purchasing guns through the mail. Ibid. In response, Congress adopted a number of new mandates. As a result, many of those now engaged in importing, manufacturing, or dealing in firearms must obtain federal licenses, keep records of their sales, and conduct background checks before transferring firearms to private buyers. 18 U. S. C. §§922(t), 923(a), (g)(1)(A)….

Recent years, however, have witnessed profound changes in how guns are made and sold. When Congress adopted the GCA in 1968, “the milling equipment, materials needed, and designs were far too expensive for individuals to make firearms practically or reliably on their own.” 87 Fed. Reg. 24688. With the introduction of new technologies like 3D printing and reinforced polymers, that is no longer true. Today, companies are able to make and sell weapon parts kits that individuals can assemble into functional firearms in their own homes….

Now you know. Thank you, Mr. Biden and Ms. Harris.

नमस्ते

Hinderaker Is Making Sh!t Up — To Deflect From Hegseth.

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John is throwing all sorts of crazy junk at the wall… hoping something will stick tonight.

But none of his tonight make any sense at all.

Meanwhile, Tangerine’s net negatives are over 12%… About the same as they were at this point in his presidency in 2017. He is absolutely the consistently least popular president in the history of the US in the last 100 years.

That’s the real problem: Trump is going to cause the wipeout of the Republican Party at the midterms… between using Signal to conduct covert military operations in Yemen, and violating the constitutional rights of thousands of Americans… forcing federal judges to protect Americans FROM Trump’s megalomaniacal excesses… Hinderaker is just desperate for something else to talk about.

We will not oblige.

Out.