Author: condor

There Will Be A Status Hearing (Audio Feed Available) From USDC Judge Chutkan’s Courtroom In DC, In The New Mexico Case Against Musk, This Thursday…

~ condor ~ Leave a comment

We are gratified to see these matters being fast tracked.

People’s very lives hand in the balance, here. I’ll listen in, and you may do so as well, come Thursday at 11:00 AM Eastern:

…MINUTE ORDER:

The parties are hereby ORDERED to appear for a status hearing on March 27th, 2025 at 11:00AM ET by Telephonic/VTC via Zoom before Judge Tanya S. Chutkan.

The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 493633106).

It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge.

Signed by Judge Tanya S. Chutkan on 3/24/2025….

Now you know — onward, as day by day, Elon Musk is unmasked — as the huckster/charlatan and racist reprobate he is. Grin.

नमस्ते

Hegseth & Tangerine 2.0: Lost Souls. Period.

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Pete Hegseth and Donald Trump — without a shred of evidence — seek to exclude an entire class of able bodied soldiers from service.

And they propose to do it by a Black Sharpie, alone. Welp, game over.

Here’s that whole 75 page opinion, from a very able federal USDC Judge in DC — and a bit:

…THE COURT: Is saying that transgender people or people with gender dysphoria, [that] their inherent identity is inconsistent with a commitment to an honorable, truthful, and disciplined lifestyle, is that demeaning to them?

DEFENSE [Trump] COUNSEL: I don’t have a characterization for that, Your Honor.

THE COURT: Okay. And if I asked you about all the other words in [the Military Ban], with respect to the characterization of transgender people or people with gender dysphoria, you would have the same answer?

DEFENSE [Trump] COUNSEL: Yes, Your Honor.

THE COURT: There’s nothing [supporting these assertions] in the studies; right?

DEFENSE [Trump] COUNSEL: That says those same things, no, Your Honor, not that I know of.

THE COURT: [No study] says anything close to those things; correct?

DEFENSE [Trump] COUNSEL: Not that I know of, Your Honor. Tr. (Mar. 12, 2025) at 188–89.

An “Action Memo” claims the Policy “was informed through consideration of” three studies and cost data. Dkt. 73-23 (Action Memo) at 4. Who considered the information, however, is anyone’s guess; Defendants [Tangerine 2.0 forces] do not know. Maybe no one, because one study is eight years old and the other two support Plaintiffs’ position.

Transgender persons have served openly since 2021, but Defendants have not analyzed their service. That is unfortunate. Plaintiffs’ service records alone are Exhibit A for the proposition that transgender persons can have the warrior ethos, physical and mental health, selflessness, honor, integrity, and discipline to ensure military excellence. Defendants [Tangerine 2.0 forces] agree.

They agree that Plaintiffs are mentally and physically fit to serve, have “served honorably,” and “have satisfied the rigorous standards” demanded of them. Tr. (Feb. 18, 2025) at 9–14, 148; see also Tr. (Mar. 12, 2025) at 130. Plaintiffs, they acknowledge, have “made America safer.” Tr. (Feb. 18, 2025) at 10. So why discharge them and other decorated soldiers?

Crickets from Defendants [Tangerine 2.0 forces] on this key question….

What is wrong with these people and their hateful, malign, backward Seventeenth Century views? Geez.

नमस्ते

Hinderaker: Sad Old Reprobate, Defending Slavery.

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We are once again reminded that Hinderaker feels no one should bother to apologize, to anyone — for the atrocities at right.

Then, as this afternoon, his sole rationale is that everyone did it.

Except, of course John… many societies didn’t.

Whether calling out Steven Hawking is a stretch or not… this is a particularly stupid place for Hinderaker to once again take up his “moral defense” of slavery arguments. Damn.

The old coot is as myopic as he is… evil.

Onward.

It Is Unlikely That Halozyme Will Win Substantial Keytruda® Patent Damages From Merck — As Merck Is Licensing Entirely-Independent Tech In The Subcutaneous Field.

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Last week, Halozyme was pushing a narrative that Merck would need to pay it very large license fees, for Halozyme’s patented formulation of human hyaluronidase, in order to introduce a subcutaneous version of pembrolizumab (branded as Keytruda®).

What Halozyme failed to mention was that Merck has already licensed a Alteogen invented, separate human hyaluronidase variant, one not mentioned in any of the Halozyme patents, either as a claim, or as known prior art.

That would, in turn, mean that Halozyme is likely to only get a tiny “buy peace” payment from Merck, of a few pennies per dose — or nothing at all, when the dust settles. In any event, here’s Fierce’s fine reporting on it all, from mid-week:

…To develop the new product, Merck licensed a hyaluronidase variant from Alteogen. Called ALT-B4, the variant was independently developed by Alteogen scientists, and its sequence is not disclosed in any Halozyme patent, the Merck spokesperson noted.

Halozyme’s claim stems from its Mdase group of modified human hyaluronidases, which the company publicized in October. Halozyme came up with its Mdase tech to sign more partners who may not be able to tap into the company’s well-established Enhanze subcutaneous drug delivery platform thanks to existing exclusive licensing pacts.

The Mdase portfolio includes about 100 patents with protection extending into 2032 in Europe and 2034 in the U.S., according to Halozyme….

Now you know — and for its part, Merck intends to have its subcutaneous formula on market in the US by the end of 2025, according to CEO Davis. [This is in no small part why I’ve repeatedly said that Merck has clear sailing with Keytruda through 2032.]

I am in “my high dungeon” — as more NCAA March madness is on tap on this otherwise gray but warming Sunday afternoon… smile.

नमस्ते

Saying That Two Leaders Should Work Harder, Separately For Peace…

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…Is in no manner immoral.

Mr. Mirengoff seems to think that any criticism of Bibi is forever and always an act of… blasphemy.

While I agree with him that Putin’s aggression should not ever be equated to Netanyahu’s overall defense of Israel… it is true that both of them have committed atrocities.

That is a truth — of almost every leader of every nation that went to war. Defending atrocities is a losing proposition, Paul. criticizing acts of war is part of the duty of being a citizen of the world.

That is so, because you see — to the people of Gaza… it would seem that their children are no less dead, even if it is a fact that Bibi firmly believes he is just trying to protect his nation.

Paul, war is hell. And Vladimir Putin is a malign actor on the world stage, there can be no doubt about that.

That said, Bibi is no Holy Roman Crusader.

And there may very well come a time, some years from now, if he has not made peace in one way or another… Bibi will have forfeited Israel’s nation state.

That too is a reality of war. Eventually, it is always a zero sum game for all involved.

It is high time to beat your swords into plowshares, Paul.

Out.

Hinderaker, On Mr. Khalil: No Actual Evidence; Just Racism.

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This is… just sad.

Hinderaker once again trafficks in libelous racist nonsense.

There are no actual (even remotely damning) facts, in his post that would suggest Mr. Khalil did anything unlawful while here in the United States. Protests, coupled to substantial overt acts — to aid Hamas… are what would be required to hold him. And there are none of those, thus far. As John’s admits, in its silence.

But John spins up a series of improbable unsupported conspiracies, mostly about Khalil‘s lawyers… actually, to try to paint him as a covert direct agent of Hamas.

Here in America, we make these decisions — in court rooms — on actual evidence.

There is none of that here — so you may safely ignore everything John has said.

Out.

Mr. Khalil’s Fine Brief Under The All Writs Act — Will Win His Return To New Jersey, In A Few Days…

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Overnight, the petitioner filed his supplemental brief — collecting cases that compel his immediate return to a court near his home, in order to more readily effectuate his right to litigate his habeas corpus petition.

It will easily “trump” Kristi Noem’s nonsensical claims that keeping him nearly 2,000 miles away promotes some odd sense of safety and efficiency. That’s all she’s got. Here’s that fine brief — from the dockets of the federal trial courts in Newark:

…As made clear below, those new authorities only strengthen Mr. Khalil’s arguments. First, ordering Mr. Khalil’s return to this District remains appropriate. And second, Third Circuit law undermines even further Respondents’ arguments that the relief sought through Mr. Khalil’s motion is jurisdictionally barred. Indeed, the relief requested in this Motion turns on the same authority this Court already invoked (ECF 81), in enjoining Respondents from deporting Mr. Khalil. Just as there was no jurisdictional bar to that limited and uncontested equitable relief, there is no jurisdictional bar to the invocation of the Court’s same power, and under related authority, to return Mr. Khalil to this District….

The Third Circuit has stressed that § 1252(g) does not bar review of challenges to the underlying authority of government actions to commence proceedings. Garcia v. Att’y Gen., 553 F.3d 724, 729 (3d Cir. 2009) (holding that § 1252(g) is no bar where petition is not “challenging the discretionary decision to commence proceedings, but is challenging the government’s very authority to commence those proceedings” after limitation period expired) (emphasis in original).

This is especially true here where Respondents attempt to tamper with the integrity of the Court’s exercise of its jurisdiction and with foundational principles of law. See Chehazeh, 666 F.3d at 134….

Now you know. And let’s go, Illini women over Creighton — and for lots more upsets, in the men’s — here in the Second Round! [I am up three games on Mr. Obama in the men’s — but only by 10 points. Woot!]

नमस्ते

I’m So Old, I Remember When Hinderaker Thought Campus “Speech Codes” were BAD!

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Actually, it was just 9 to 17 years ago that Hinderaker was decrying what he wholly imagined were government “campus speech codes”.

He felt they were Unconstitutional – and UNAMERICAN, back then. But that was because Mr. Obama was the one advocating for clearer federal definitions of “hate crimes”.

Tonight, ironically, when Tangerine 2.0 ACTUALlY forces Columbia University to self-censor certain words, ideas and philosophical views on campus (by cutting off $400 million in federal funds) Hinderaker cheers the effort.

Charming. This all stems from student protests surrounding the way Israel’s policies are brutalizing innocent civilians in Gaza. Hinderaker and the other Powerline boys have repeatedly called for harsh criminal penalties against the student protesters.

But when at Dartmouth — during the Vietnam war — John Hinderaker took over a campus administrative building and held it for three days to protest against US policies in Vietnam. He and his cohorts saw their records cleared, their paths opened to Harvard Law School (another clever way to avoid being drafted into the Army to fight Vietnam before the conflict was over) — and made fortunes practicing law that embedded those very same freedoms he used at Dartmouth the protest.

So it is all… a rather puzzling scene, here (now in his 70s) to see him cheering Donald Trump, for officially suppressing campus speech.

I guess I’m just getting old, because it sure seems like as Hinderaker gets older… he becomes more and more… an autocrat’s apologist. He wants less… freedom, for every kid on campus who enrolled at any time after he graduated.

Cra-cra. Out.

Despite All The Whining — Gender Dysphoria Is 23rd On The List — Of REAL GOP Voter Priorities…

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In an apparent reply to a particularly insipid Bill Otis post (deriding a private hospital company’s miscue in asking new parents, on a form, about the gender identity of newborns), Paul Mirengoff finally mustered the fortitude to tell the truth about this non-issue — even for most GOP voters. [Why oh why, though — has it taken him… (checks notes) nearly two decades, to do so? Is he finally fed up with Trump’s and MAGA’s blind “hater-ade” policies? Who knows?!]

This “issue” (such as it is — misframed by the GOP) ranks below 20th place — and in the broader both GOP and Democratic voter bases, it probably ranks about 50th). So here’s Paul’s scolding of Bill:

…The New Jersey [hospital holding company’s] policy doesn’t fall into any of these categories. It’s stupid and annoying, but that’s all.

I should add that a Gallup poll taken after the 2024 election showed that transgender issues ranked 23rd in importance to voters. And, again, I believe those who considered it important were focused on the kinds of policies described in my second paragraph.

At the margin, Democrats running in tough [r]aces need to get on the right side of hot button cultural issues like boys in girls sports and in their bathrooms. This, they can do, and already seem to be doing it….

Gender dysphoria is a vanishingly rare — but real — medical condition. Hilariously, in MAGA Gov. DeSantis’ Florida — in just the last five years, there have been eight separate pieces of legislation passed, and at least two dozen others introduced — on the topic.

But in the past two decades, the number of people under age 20 treated for the condition at any hospital in Florida has been… 12 people.

That’s on a population of over 23 million in Florida. And of those, about 4,363,870 people, or 19.3% of Florida’s population, were under 18 years old.

Twelve people — and the legislature spent probably $1.2 million writing laws about… a medical condition — trying to interfere in the patient physician privilege.

D A M N.

Watch as MAGA “ideas” — such as they are — tank candidates in moderate districts in 2026 — for just this sort of Bill Otis style / defective fear mongering.

Out.