Author: condor

Scott Johnson Called It “Tox News”! And… Merck v. Merck Hearing Rescheduled — Again.

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Scott’s typo is hilarious. This morning, he referred to the Murdoch empire TV stations as… “Tox News“. Couldn’t make it up if I tried.

And… now, for the second time in a week, the trial calendaring conference in New Jersey federal court is… moving.

This time, it is apparently due to a conflict with counsels’ schedules.

Onward, grinning… big day, tomorrow. Much March Madness ahead.

…Per the parties’ request [250], the March 25, 2024 telephone status conference is adjourned to March 28, 2024, at 11:30 a.m. The dial-in information remains the same.

So Ordered by Magistrate Judge Michael A. Hammer on 3/21/24….

I’ll be looking up tonight, into the night sky, and wondering if Saturday will be the day the latest crew reaches the ISS… that’s the next launch window for Soyuz-25. Now you know.

नमस्ते

Immaterial Overall To Merck — But In A Combo Trial With AstraZeneca, In Certain Lung Cancers — Keytruda Missed Primary Endpoint In KEYLYNK-006.

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As I’ve said before, this is just one of dozens of combo-trials now underway.

Yes, it is disappointing, but none of the financial modeling on Wall Street had this as a “highly likely” potential added revenue stream, in the near term. So Merck’s stocck price should be largely unmoved by this news.

…Merck today announced that the Phase 3 KEYLYNK-006 trial evaluating KEYTRUDA, Merck’s anti-PD-1 therapy, in combination with maintenance LYNPARZA, a PARP inhibitor, did not meet its dual primary endpoints of overall survival (OS) and progression-free survival (PFS) for the first-line treatment of certain patients with metastatic nonsquamous non-small cell lung cancer (NSCLC)….

In general, no responsible analyst builds added revenue into a model for indications that have not yet won FDA approval. And on this particular combo-indication, with AstraZeneca, Merck hadn’t even yet filed with FDA. Keytruda remains approved for over 20 types of oncological indications. Onward.

नमस्ते

[U: Launch scrubbed.] Live Coverage Thursday Morning Of Soyuz 25 To ISS…

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Updated: we are awaiting word on what “out of limit” reading at the Baikonur Cosmodrome aborted this morning’s launch. It occured at T minus 21 seconds. Safety is always job one. End, update.

We will put up a YouTube live feed, right here, below in the morning.

Science needs to show it is above politics. This is that:

…March 21: Live coverage of the Soyuz MS-25 launch to the International Space Station from the Baikonur Cosmodrome in Kazakhstan….

Marina Vasilevskaya [from Belarus] is preparing for the flight together with members of the main crew: the Roscosmos cosmonaut Oleg Novitsky and the NASA astronaut Tracy Dyson….

Onward! Buffs will meet Florida in Indy on Friday at 4:30 pm! Woot!

[We apologize: the original graphic with this post depicted a prior crew. The correct crew is now inserted, and awaits a presumed Saturday launch-time, according to the latest from Roscosmos.]

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Scott Can’t Comprehend That He’s Not Free To (Falsely) Shout “Fire!” — In A Crowded Theater?!

~ condor ~ 1 Comment

This is silly beyond words, today.

Scott tries to argue that private social media companies violate the law by refusing to carry deadly and thus very dangerous “false statements” about medical advice, in a pandemic that killed a million in America alone.

The classic 1L hypothetical here applies: there is no right of “freedom of expression” (and even less privilege, as “must carry”) to hand a megaphone to morons yelling “fire!” — falsely, in a crowded theater. See Schenck v. US (1919) — at page 249, that’s Oliver Wendell Holmes (whose views… Scott misrepresents — in his). Scott only quoted Holmes in a later dissent; not in Schenk.

People will be trampled to death — just as people were dying from taking a horse dewormer, or worse — colloidal silver drinks — being sold by the Ex-Rev. Jim Bakker show.

These are additionally FDA regulated statements — and no one has a right to make false life science claims in a pandemic.

Just shut it, Scott. You lose.

Americans for science… win.

More Good News, Overnight, On Merck’s Latest 21-Valent Pneumococcal Vaccine Candidate…

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We last mentioned this in November of 2023. Now Rahway has some encouraging top line results to report on its 21-valent pneumococcal vaccine candidate. That is good news for all people with low immunity to such opportunistic viral loads.

The result ought to mean that Merck will be preferred over Pfizer’s vaccine in this space, once approved — as the Pfizer version covers fewer variants. But this is — as I often say — not yet material to massive Merck’s fortunes. Certainly not until FDA green-lit. Here’s the latest, though:

…Diseases caused by Streptococcus pneumoniae bacteria are considered a “major public health problem worldwide” by the World Health Organization.

There are more than 100 different types of pneumococcal bacteria, which can affect adults differently than children. Certain strains threaten to put more people at risk for invasive pneumococcal illnesses, with older adults among those most vulnerable to serious infection.

Merck’s candidate, V116, is specifically designed to address the strains responsible for the majority of adult pneumococcal disease, including eight unique strains that account for approximately 30% of adult disease….

Now you know. And with Buffs in a play in tonight — we will be watching. The Rams did very nicely last night against a depleted Virginia Cavaliers squad. Still, two days. . . until full “March Madness fever” sets in, with Marquette in action. [I am reliably informed that there is no vaccine for that particular strain.] Grin.

नमस्ते

Texas Troopers AGAIN Prevented From Arresting Migrants: Fifth Cir.

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Just this morning, the Supremes ruled without offering reasoning, but made it clear that the conservative wing felt it was the Fifth Circuit’s responsibility to enter a full stay while the appeal is heard (on oral argument today), not just an administrative one.

Just now, near midnight tonight, that is exactly what the Fifth did.

Texas cops and Texas Rangers once again CANNOT arrest anyone solely on suspicion of being undocumented.

That is solely a federal power, as we’ve long documented.

It’s purely a clown show MAGA Gov. Abbott runs — all as feckless political theater. Ugh.

नमस्ते

USDC Chief Judge Alia Moses’ New Deadlines In Land Razor Wire Case In Del Rio, Texas

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This one is moving at a snail’s pace

Here’s tonight’s text order, in full — just entered:

…It IS ORDERED that the Defendants’ unopposed motion to extend the time to respond to the complaintand to enter. a briefing schedule [ECF No. 96] be GRANTED because there is good cause for an extension.

It is FURTHER ORDERED that by April 11, 2024, the Defendants file their motion to dismiss.

It is FURTHER ORDERED that by May 2, 2024, the Plaintiff file its opposition to the Defendants’motion to dismiss.

It is FURTHER ORDERED that by May 16, 2024, the Defendants file their reply to the Plaintiff’s opposition to the Defendants’ motion to dismiss.

Signed by Chief Judge Alia Moses….

Now you know — we will keep an eye on it, but the floating razor wire barrier case before Judge Ezra (in the Rio Grande around Shelby Park) may be the next big break here, in favor of humane policies.

नमस्ते

New AHA Study: There Appeared To Be No Survival Advantage, For 20,000 Adults — From Cardio-Vascular Related Risks — In Eating Everything During An 8 Hour Window…

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I’ve long intuitively felt that “grazing” — eating smaller bits — over say a 16 hour period more closely approximated our lives, speaking in evolutionary terms, some 100,000 years ago — and probably conveyed a survival advantage, if healthy food-stuffs were the main component of the grazing diet (compared to fatty overly-generously-portioned “banquet style “dinners). But I’ve never looked for a study on it.

So, in my mind — portion control, and not over-taxing the digestive system. But what we now have, is a large study that suggests intermittent fasting, on the other hand — restricting one’s eating to only a narrow eight hour window, during the daylight. . . may not be of any help, on cardio-vascular death risks, either.

Here’s the latest, from Heart.org, in Chicago:

…“We were surprised to find that people who followed an 8-hour, time-restricted eating schedule were more likely to die from cardiovascular disease. Even though this type of diet has been popular due to its potential short-term benefits, our research clearly shows that, compared with a typical eating time range of 12-16 hours per day, a shorter eating duration was not associated with living longer,” Zhong said.

“It’s crucial for patients, particularly those with existing heart conditions or cancer, to be aware of the association between an 8-hour eating window and increased risk of cardiovascular death. Our study’s findings encourage a more cautious, personalized approach to dietary recommendations, ensuring that they are aligned with an individual’s health status and the latest scientific evidence,” he continued. “Although the study identified an association between an 8-hour eating window and cardiovascular death, this does not mean that time-restricted eating caused cardiovascular death….”

Approximately half of the participants self-identified as men, and half self-identified as women. 73.3% of the participants self-identified as non-Hispanic white adults, 11% self-identified as Hispanic adults, 8% self-identified as non-Hispanic Black adults and 6.9% of adults self-identified as another racial category, including mixed-race adults and adults of other non-Hispanic races….

Now you know. Onward… grinning with the Buffs up, tomorrow night; and the CSU Rams up, tonight.

नमस्ते

ESA’s Euclid Space ‘Scope Is De-Icing Now — On A Schedule…

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While being assembled on Earth, it is always the case that even with lots of dry rooming, and careful prep, space ‘scopes (and spacecraft, more generally), retain at least a tiny fraction of the water molecules naturally present in the air, in between the layers of the various sub-assemblies.

And since space is. . . a vast vacuum — it sucks those little water molecules (from the inside, outward), toward the surfaces of the ‘scope — and then, in the near negative 290 degrees, they tend to freeze onto the nearest flatish surfaces. And the mirrors are a very large — and nearly flat — natural collecting surface. So it is that Euclid will now have to de-ice the mirrors, with its pre-installed heaters, from time to time. Heating however, in deep space… amounts to raising the temp to only minus three or so.

But that will be enough for the water to detach and float away. . . it is believed. Here’s that story, from ESA.int:

…A few layers of water ice — about the width of a strand of DNA — are starting to impact Euclid’s vision; a common issue for spacecraft in the freezing cold of space, but a potential problem for this highly sensitive mission that requires remarkable precision to investigate the nature of the dark Universe. After months of research, Euclid teams across Europe are now testing a newly designed procedure to de-ice the mission’s optics.

If successful, the operations will validate the mission teams’ plan to keep Euclid’s optical system as ice-free as possible for the rest of its life in orbit….

What a time to be alive… and “awake” — pushing back against the dark of ignorance, is the bright face of mirrored space science. Or… “woke“, if you prefer. Smile….

नमस्ते

BHO 44 Has Posted His Men’s And Women’s 2024 Bracketology… And We Differ In Only Likely Immaterial Respects.

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For well-over 14 years now, I’ve picked in March Madness against our former President; he’s bested me all but three times. [You may see his hand-written 2024 picks, at barackobama.org — here.]

I’ll likely not post the full version of our completed / compared sheets (as I have, in past years), as we are very, very similar.

The graphic at right almost certainly sets out who will win this year, between us.

If Kentucky makes it to the Championship game, and loses to UConn, he wins our mini pool. If Marquette ends up as UConn’s opponent, and loses to them… I will best him (though I do have the Buffs — improbably, I admit — meeting Marquette, but losing).

We will only revisit these prognostications, if somehow UConn gets knocked out before the Finals. Then the early games will matter, to deciding whose bracket beat. . . whom.

Onward… grinning. All green… all green. We both agree that Purdue makes the finals, and North Carolina rounds out my final four — while Baylor is his fourth invitee, for the Final dance. [On the women’s side — I see a rematch of last year, but this time, with Iowa’s Kaitlin Clark besting Angel Reese & LSU; then beating SC in the Championship. Mr. Obama has SC winning it all.] Heh!

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