I Listened In On A Bit Of The Supremes’ Argument — On The Train — Re Tariffs. Trump Is DOA.

I liked the level of incredulity the Tangerine 2.0 lawyers were met with.

So… to keep it brief — I’ll (ironically) defer to the WSJ, this morning — on its editorial pages:

…The… [MAGA Crowd] tries to leapfrog all of the statutory obstacles by citing the President’s Article II foreign-policy authority.

Few conservatives are more deferential to presidential overseas authority than we [at WSJ] are. But the power of the purse still belongs to Congress and can’t simply be wished away with the words “foreign policy.”

Tariffs are [effectively] taxes on Americans….

Game over — as the power to tax… resides in… Congress, exclusively.

नमस्ते

Damn. Bovino’s Goose… Is… Now Cooked. Should Be A Banger, Today.

[But first, last night was a great night — for democracy — and the ship, beginning to right itself.] Excellent.

Now, at a series of hearings yesterday (I could not attend), Bovino got caught — under oath — in unadulterated lies about the tear gas he threw on October 25, 2025. I am headed down to catch what may become a contempt hearing around noon. Nominally, it is to affirm that a preliminary injunction is warranted — which it is — but that has been leap-frogged by the endless violations of court orders here. Here’s the latest — much of it redacted, but from the context, you’ll clearly infer that Bovino is in very hot water now:

…By this motion, Plaintiffs seek leave to file additional factual support for their request for a preliminary injunction based upon the deposition testimony of Mr. Bovino. As explained, Plaintiffs believe there is uncontroverted evidence that Defendant DHS and Defendant Bovino have provided false evidence in this case, providing a strong basis for this Court to doubt Defendants’ credibility….

Defendant Bovino initially justified Bovino’s use of tear gas in this incident — and argued they had been compliant with the Court’s TRO — by asserting that Bovino deployed tear gas only after he was hit in the head by a rock thrown by protestors. Over the last 10 days, Plaintiffs have pressed the issue, asking the government to provide evidence supporting their justification….

But it turned out the justification was a fabrication. Today, before and during the continued deposition of Defendant Bovino, the government admitted that the video of the Little Village incident [REDACTED, but plainly what the redacted portion sets out is that video does not show anything like what Bovino had said happened, and has now testified to — under oath — and that all video available from the scene (including the government’s own body-cam footage) proves his assertion to be false]….

Plaintiffs’ counsel scoured the records produced by the government for any video showing Defendant Bovino being hit by a rock or any video showing a rock being thrown at Defendant Bovino prior to him deploying tear gas on the Little Village crowd. They could identify no such video. Plaintiff’s counsel then asked the government’s counsel to dentify any video that would support Defendant Bovino’s contention that a rock was thrown at him before deploying tear gas on October 25, 2025….

Shortly before the final part of Defendant Bovino’s deposition, Defendants confirmed that the video Defendant Bovino had testified about. . . was in fact, the same video [Plaintifs has shown him, and that it did not show any rock being thrown at all.]

Bovino’s deposition was completed on November 4. In that testimony, for the first time, Bovino [acknowledged that no rock was thrown]…. [He] made up a false story to justify misconduct committed in violation of this Court’s TRO. Defendant Bovino has lied under oath….

Time to jail him (and probably several of his minions, who may perjure themselves in court today, to cover for him), for contempt of court. Hearing later today — I may live-blog from Judge Ellis’s federal courtroom 1403 — in the Dirksen Bldg., time permitting, later this morning. Onward.

नमस्ते

Power Alley | Merck News: It’s Not Like They NEED The Money — But It Does Smartly Allocate Risk-To-Returns…

Blackstone likely might negotiate for / make higher returns, if it were to bet this $700 million at a small biotech shop — one that desperately needed the capital… but the bet on Merck is a very safe one, in general — where the flame out risk is much smaller than at a nascent biotech (and the ability to course-correct along the way… is more substantial).

And so, this may well become a “new-ish” model — with private equity / huge asset managers being willing to bet directly on an R&D program (primarily at a very long established public pharmaco), in return for quite a bit more yield than just the sizeable Merck common stock quarterly dividend checks. We shall see — but here is Fierce reporting on it all, this morning:

…Merck & Co. began Tuesday with back-to-back deals, revealing separate agreements to pay $150 million upfront for full control of an early-phase asset and pocket $700 million to support an expansive pivotal oncology push.

The influx of cash comes from Blackstone Life Sciences, which has agreed to fund a portion of the cost of developing sacituzumab tirumotecan (sac-TMT) throughout 2026. . . .

Merck recently started its 15th global phase 3 trial of the antibody-drug conjugate (ADC). That broad bet reflects a belief that the TROP2-directed ADC can become a “workhorse” for Merck as it prepares for the arrival of biosimilar Keytruda copies, Marjorie Green, M.D., Merck’s senior vice president and head of oncology global clinical development, recently told Fierce Pharma….

And to be clear, it is an immaterial bet — as to each of these giants, but now you know. Onward, to an advance screening tonight, at the U. of C., of a new documentary (funded by the Irish Consulate) on the Irish diaspora — here in Chicago… should be good stuff!

नमस्ते

Judge Ellis Will Have A Field Day, With This — Later This Week. And Contempt Is Still On The Table. Chicago Headline Club Now Has Bovino On The Run…

Not surprising, if you’ve been paying attention — at all.

But on October 20, Bovino’s team of Noemite lawyers had the courtroom cleared and conducted an entire proceeding under seal. That was temporarily allowed by the able USDC Judge Ellis, since the claim was that there were bounties on the heads of Bovino and his officers, here in Chicago.

Now it is turning out that either that was a vast exaggeration of the actual facts — or that the Bovino/Noemites… just made sh!t up. Preposterously, the whole team repeated the supposedly “secret and dangerous” information in press availabilities, and in online social media posts, from official government accounts. Even if the threats are real — they can no longer be sealed, since the people have an inalienable right to monitor public information in the peoples’ courts, every day. Here’s the great nine pager on it, tonight — just filed in courtroom 1403, of the Dirksen Building:

…Plaintiffs contend in this case that the government has invented false pretexts to justify its actions. The government has made arguments in Court that are based on false representations. And in the case of the sealed transcript, the government wishes to keep the transcript sealed based on a false premise….

First and foremost, [Bovino / Noemite] Defendants cannot carry their burden because they have already published the information they seek to conceal. As courts across the country recognize, “[p]ublicly available information cannot be sealed.” June Medical Servs., LLC v. Phillips, 22 F.4th 512, 520 (5th Cir. 2022); see also United States v. Pearson, 340 F.3d 459, 465 (7th Cir. 2003) (ordering records to be unsealed because the information had already been made public), vacated on other grounds sub nom. Hawkins v. United States, 543 U.S. 1097 (2005); United States v. Pickard, 733 F.3d 1297, 1305 (10th Cir. 2013); OJ Com., LLC v. KidKraft, Inc., 34 F.4th 1232, 1241 (11th Cir. 2022); Washington Post v. Robinson, 935 F.2d 282, 291-92 (D.C. Cir. 1991).

After Defendants themselves have taken every opportunity to broadcast the alleged bounties, they cannot in good faith ask this Court to seal [what they themselves chose to widely broadcast — especially since it appears that material portions of it are now proven to be. . . untrue]….

Well — now USDC Judge Ellis — she’s “gonna’ paint Bovino’s back porch bright red” — and real soon, too! Can’t wait!

Stay tuned.

नमस्ते

The Countdown Continues — Toward Early December — For The Official End In The Latest DRC Ebola Outbreak… “Ring” Vaccinations Are At Almost 37,000, There.

To be certain — the lack of new cases is quite encouraging in DRC.

And to be equally certain — perhaps up to 42 of the 46 deaths — due to Ebola could have been avoided, had USAID not been sidelined by Trump / Musk / Rubio. Damn. Here’s the latest, on the winding down of the crisis in DRC:

…Vaccination efforts continue to advance. So far, 36,975 individuals has been vaccinated.

Despite encouraging development, significant gaps remain in Infection Prevention and Control (IPC) and Water, Sanitation and Hygiene promotion (WASH). Challenges include limited access to affected areas, inadequate water supply, poor waste management, more trainings for frontline workers are also needed.

Addressing these vulnerabilities is essential to prevent resurgence….

Now you know. Onward, smiling resolutely, all the same — into a sunny crisp Fall Monday morning here. Grin.

नमस्ते

[U] STAT+ Had It First — But Is This What Industry Capture, Of A Regulator — Would Look Like?!

The posture of the agency, at the moment, is largely reflective of the feckless dolts (politically appointed, by MAGA) at the helm.

That would be Kennedy and his minions. Tidmarsh was added this Summer, by a Kennedy minion. So almost nothing… of a questionable nature might be off the table here. Do read STAT, and then this — from the NYT:

…Dr. George Tidmarsh, the head of the Food and Drug Administration’s drug division, resigned on Sunday amid an investigation into criticism he aired publicly about a drug tied to a former business associate.

Dr. Tidmarsh said he believed the review was opened in retaliation to concerns he raised last week about the legal basis of a new program for the rapid approval of some new drugs. [Ed. note: to be fair, two weeks ago, we asked these same questions (see lower right image) — re German Merck’s IVF drug candidates. But we do not lead CDER, and have never worked at FDA.]

Dr. Tidmarsh, a drug industry veteran who joined the agency in July, said in an interview Sunday that he believed the new program injected politics into the drug review program, superseding decisions based on science.

Late on Sunday, a pharmaceutical company lodged explosive claims against Dr. Tidmarsh in a lawsuit claiming that the regulator had acted vengefully against its board chairman and investor, Kevin C. Tang, who had previously asked Dr. Tidmarsh to leave several companies.

The lawsuit claimed that Dr. Tidmarsh attempted to extort him. Dr. Tidmarsh denied the allegations, saying he had no interest in revenge against Mr. Tang, a San Diego investor….

Wow. If the allegations in this federal lawsuit turn out to be supported by pretty credible evidence, this will be “Exhibit A” for why billionaire business people should not be given the ability to capture a federal regulatory agency (i.e., FDA) charged with public safety. Onward — just the same.

नमस्ते

What Must It Feel Like To Be Stuck In Space — And Know Your Own Government Is NOT Paying Your Families, For Your Service — At The Moment?

There are at least several million deplorable aspects to the Trump shutdown — as he has now presided over the two longest shutdowns in US history. And certainly his lawless attempt to stop SNAP payments is the most burdensome — nationwide, as one in five American children struggle with hunger every day. SNAP comes from a special emergency fund set aside by Congressional act — to be inviolate. But Trump has tried twice, and failed twice, to stop those payments. Federal courts have now twice ruled his impotent move was patently unlawful.

So, although the below only impacts three families — it is among the most unfair of them all. Trump is preventing our ISS astronauts (who clearly cannot just “stay home”, or take a sick out!) from being paid whilst aboard the orbiting space station. Damn — here is that story, and a bit of it:

…Like all federal agencies, NASA has had to severely cut back on its day-to-day activities, as more than 15,000 NASA civil servants have been furloughed since Oct. 1. Only essential personnel deemed “necessary to protect life and property” are granted “excepted” status, according to NASA’s shutdown guidance. This includes astronauts in space and the technicians in mission control on the ground who support them… NASA’s Jonny Kim, Zena Cardman and Mike Fincke [while in orbit above, on the ISS — are not seeing any federal government direct deposits, to their bank accounts here on Earth, during this shutdown — and that… is criminal.] Like their international counterparts, they’ve continued pulling their fair share of the chores in space [despite it all]….

For the most part, life aboard the ISS has continued as usual. The Expedition 73 crew currently occupying the space station have spent the past month conducting microgravity research and other experiments on their rotation and performing scheduled maintenance.

Of the seven astronauts currently living on the ISS, three are from the Russian space agency Roscosmos — Sergey Ryzhikov, Alexey Zubritsky and Oleg Platonov — and another is Japan’s Kimiya Yui, from Japan….

Now you know. Kim, Cardman and Fincke are true patriots, and Trump is an A$$ — for witholding their pay. Damn.

नमस्ते

Next ESA | French Guyana Spaceport Launch Come Tuesday Late Aft., US time… Check It Out!

With NASA still moth-balled by Trumpian shut-down lunacy… we turn to our firends across the pond — for this.

Here’s the latest, on a crisp sunny Fall Sunday — with daylight saving time ending, making it a very lazy mid-morning:

…The Copernicus Sentinel-1 mission is about to get its fourth satellite, with Sentinel-1D now ready for liftoff. Launch will take place with an Ariane 6 rocket from Kourou, French Guiana and live coverage will be shown on Tuesday, 4 November, at 22:02 CET (18:02 at Kourou)…. [Launch link for Live ESA TV, here.]

Follow the launch live on Tuesday, 4 November 2025 — all times in CET (with East Coast times, in parens)

21:15 [2:15 PM EST] – Broadcast begins

21:35 [2:35 PM EST] – Streaming from Kourou

21:38 [2:28 PM EST] – Introductions, interviews and mission status updates

22:02 [3:02 PM EST] – Liftoff and live commentary

23:22 [4:22 PM EST] – Acquisition of signal

23:30 [4:30 PM EST] – Press conference

00:15 [5:15 PM EST] – End of press conference and streaming. . . .

Onward — into some contempt motions — as early as tomorrow, in federal court here in the City of Big Shoulders…. grin. [And that’s after eight more local Emmy awards, last night — making 22 of them for a career. Sweet!]

नमस्ते

And… Starting Monday, Headline Club Chicago Is Likely To Move For A Contempt Order, Against Greg Bovino…

The minor update, here: in the Seventh Cir., the panel felt that — without a formal, written finding of violation of the able judge’s TRO — daily reporting could not be seen as within her ample discretion. Whether I disagee with that assessment or not — is irrelevant. That is now the law of the case, and simply means the traditional route will be used: have him held in contempt of court.

The horrifically violent video on the front page of this morning’s NYT — one block form my home of 33 years… should be plenty of new evidence, for the finding of contempt. Bovino was on the scene, and his ICE chopper was circling about 500 years above for over an hour aftewards. The young whyte people dragged from their car and beaten were US Citizens, simply following ICE into my town, when the trailing gray ICE SUV slammed on the breaks immediately after crossing a green light, northbound on Asbury. That caused the red sedan to rear-end into the ICE vehicle. Local response teams were already following them on bikes, and blowing whistles. Following / observing law enforcement is simply NOT unlawful.

As the video indicates, an ICE agent leveled his service pistol at a whyte bystander over 15 feet away (yes, I was there — not five feet away as it happened), and at another point dragged both of the male and female witnesses across the pavement… kneeling on both of them, prone on the pavement repeatedly. The young male suffered a badly cut eye, from punches ICE agents rained down on him. This is plenty of cannon fire, to seek a contempt order from USDC Judge Sara L. Ellis. Here’s the state of the play, in the Seventh Cir. — and a bit from the NYT reporting:

…Evanston was especially roiled by the presence of Border Patrol agents on Friday….

Bystanders said that a motorist had been following federal agents along a major street when the agents stopped short, causing the car to crash into it….

Videos shared with the The New York Times show the agents tackling the driver, a woman, to the ground.

Allie Harned, a social worker at Chute Middle School a block away, said she heard the crash and came running.

“When I came upon her, they were tearing her out of the car,” Ms. Harned said. “She was on the ground. Her shoes fell off.”

After bystanders began yelling and blowing whistles, the agents detained at least one person in the group, according to the Evanston police.

One officer briefly pulled a weapon and aimed it at the crowd, one of the videos shows. Ms. Harned said she screamed and ran….

For the record, again — both of the people in the red sedan were/are US Citizens — exercising their rights to monitor law enforement operations under the Chicago Welcoming Ordinance — and the First Amendment. Onward, to contempt — and a future jailing — for Bovino.

नमस्ते

Public Health News Roundup: Mpox Clade 1b In More Countries — Increasing, And Strengthening The EU’s Bavarian Nordic A/S Vaccine Funding…

There have now been 17 deaths in the last month (since last WHO report) — in Africa, from Mpox Clade 1b. Overall, over 2,860 new cases were reported — as well. Yikes.

Here is the latest from Reuters, based on a new WHO situation report, overnight:

…The World Health Organization (WHO) said on Friday that 17 countries in Africa have experienced ongoing active transmission of mpox over the past six weeks, with 2,862 confirmed cases, including 17 deaths between September 14 and October 19.

WHO also said that Malaysia, Namibia, the Netherlands, Portugal and Spain have detected the Clade Ib mpox(MPXV) for the first time since the agency’s last report….

[And separately,] Bavarian Nordic A/S announced today the award of a joint procurement contract by the European Commission, through the Health Emergency Preparedness and Response Authority (HERA), enabling the EU, its member states and additional European countries to purchase up to eight million doses of the Company’s MVA-BN® smallpox/mpox vaccine.

The two-year agreement, which may be extended for up to additional two years, builds on the previous agreement entered by the parties in 2022, and aims to ensure continuous access to the MVA-BN vaccine throughout Europe. In this extended agreement, the European Commission and 20 countries have confirmed their participation….

Onward, grinning — hanging out with lil’ goblins, this evening — by the lawn fire-pit. Pumpkin carving contest… starts at 1 pm! And likely finishes, with breaks in between — across time zones, after transmissions of entries, and judging — by insta-… close to midnight, Pacific time. Heh!

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