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USDC Judge Hellerstein Grants Extended Prelim. Inj. — Against Use Of Alien Enemies Act, By Trump/Noem/Rubio… After Supremes Say “No Stay”…

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At Manhattan’s Foley Square, the federal trial courts have extended the TRO — by a simple text order, granting a preliminary injunction — against using the AEA to remove purported members of TDA.

Now you know — here’s the overnight order:

…Upon consideration of Petitioners-Plaintiffs’ Motion for a Preliminary Injunction:

Having determined that Petitioners-Plaintiffs (“Petitioners”) and the certified class are likely to succeed on the merits of their claims that the Proclamation violates the Alien Enemies Act (“AEA”), 50 U.S.C. § 21 et seq.; that the AEA does not authorize Respondents-Defendants (“Respondents”) to remove them from the United States; that Respondents’ actions implementing removals under the AEA violate due process; that in the absence of injunctive relief Petitioners and the certified class will suffer irreparable injury in the form of unlawful removal that may be irreversible; and that the balance of hardships and public interest favor preliminary relief, it is, therefore, ORDERED that Petitioners’ Motion for a Preliminary Injunction is hereby GRANTED; and that Respondents (excluding the President with respect to any injunctive relief), their agents, representatives, and all persons or entities acting in concert with them are hereby:

ENJOINED from enforcing the Presidential Proclamation entitled “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua” in the Southern District of New York….

ORDERED that after the May 21 conference, further proceedings in this Court shall be stayed pending appeal. Any party may move to lift the stay at any time….

Onward, into a steamy, sunny Spring morning here! Smile….

नमस्ते

Once Again, Justice Thomas Has Been “The Decider” — To Put A Florida Man To Death, In A Manner That Will Very Likely Cause Extreme Pain, Due To Drug Interactions…

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Once again, it is Justice Thomas’ order that removes the last barrier to this arguably cruel form of execution (for at least this man with porphyria). That order is… now on the docket. [Many may recall that we previously discussed a similar (failed) challenge, to the execution of an Alabama man — about a year and a half ago. It was Thomas that finally put that Alabama man to death, as well.]

Damn.

To be certain, I’ve long understood the “Code of Hammurabi-style theater” — at play here.

It just strikes me as quite a distance beneath… a society of ordered liberty.

Here is the Florida man’s description (by his counsel) of the Eighth Amendment violation that Thomas is now only to happy to countenance:

…[The Florida-Condemned Mr.] Rogers is arguing that Florida’s current lethal injection procedures are unconstitutional as specifically applied to him because executing Rogers under those procedures will very likely cause him needless pain and suffering due to the interaction of Florida’s use of the drug etomidate and Rogers’s Porphyria. Glossip v. Gross, 576 U.S. 863 (2015); Baze v. Rees, 553 U.S. 35 (2008).

Rogers’s as-applied challenge to Florida’s lethal injection procedures is substantial grounds upon which relief from the ultimate sanction of execution very likely could be granted. The state circuit court summarily denied Rogers’ as-applied challenge without holding an evidentiary hearing on the matter. However, the Florida Supreme Court’s (“FSC”) prior precedent recognizes the need for evidentiary hearings on as-applied challenges to execution procedures, and the FSC has relinquished jurisdiction to the lower state court on at least four separate occasions so that an evidentiary hearing may be held on such claims. Rogers should be given the same opportunity to an evidentiary hearing as those prior defendants who also raised an as-applied challenge while under an active death warrant….

[Editor’s Note: about a decade ago, Pfizer stopped selling lethal injection drugs. Now prisons must make their own cocktails of death.]

So, we yet again renew our opposition to the death penalty in all cases — and particularly here, where animal models (mice and rats) suggest that the inmate will struggle violently for several minutes, rather than falling immediately into paralysis and coma, in his case, this would be likely due to poisons gushing forth from his liver, as his porphyria disease interacts with the injected etomidate — and it in turn interacts with the therapeutic drugs he’s taking. This could take 20 to 30 minutes before he shuts down completely, struggling the whole while. But that may well be the unstated but cruel intention of Florida — and earlier in 2024, Alabama.]

All this leads to, in Hammurabi’s Code — is a land of the… blind — “as eyes — for eyes… do not restore sight to the dead“. Out.

नमस्ते

Again, Hinderaker Neglects To Mention That Most Of These “Afrikkkaners”, Arriving Here — Were Active Participants, In “Modern Day Slavery” — On Their Farms, During Apartheid…

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Almost to a person, these arriving whyte people from South Africa saw their former family farms and lands forfeited, by operation of law — since in duly convened court proceedings, it was established that the farm (or mine) was heavily reliant on a system of near-enslavement of people of color, during Apartheid.

Elon’s family is Exhibit A here — an emerald mine.

Of course, Hinderaker simply omits this — the most salient truth, of it.

Why?

Because he is ever on the hunt for whytes (he claims) that have experienced “reverse discrimination“. Never mind that it nearly never happens in the Western World.

He needs a[nother] wedge issue.

But as the South AFrican court files start arriving on these “migrants”… John will — as ever — appear as the ass in it all.

Out.

Final One (4 of 4) — Here Is Amgen’s Q1 2025 Lobby Spending, By Buckets…

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This California company is at the forefront of bio-science, and so it needs to constantly educate the Congress… on why its research and development spends are vital to the future of American health and wellness. And it is forever trying to minimize its tax bill — since it is so wildly profitable, globally.

It almost always (over the last decade, at least) comes in second, behind only Pfizer, year after year, in spending on bending the ear of government — about health care and tax topics. Now you know:

…Issues related to drug pricing reform — Changes to Public law 117-1769 Inflation Reduction Act, and Awareness of implications to patients and research and development of Public law 117-1769 in Inflation Reduction Act….

Issues related to cardiovascular disease awareness and treatment; Issues related to FDA; Issues related to patient affordability issues, including copay cards, copay accumulators, copay maximizers, National Benefit Payment Parameters; Issues related to biosimilars reimbursement; Issues related to Supply Chain; Issues related to 340B; Issues related to pharmacy benefit managers; Issues pertaining to the implementation of PL 97-414 “Orphan Drug Act,” all provisions; Issues related to prohibiting the export of biotechnology to certain foreign entities (BIOCOMPETE); Issues related to direct-to-consumer advertising; Issues related to obesity disease awareness and treatment; Issues related to biosimilars regulatory standards; Issues related to bone disease awareness and treatment; Issues related to pediatric priority review voucher reauthorization; HR 946 Optimizing Research Progress Hope and New Cures Act; HR 1492 Insuring Pathways to Innovative Cures Act; HR 1672 Maintaining Investments in New Innovation Act; HR 2214 DRUG Act….

H.R.1968 – Full-Year Continuing Appropriations and Extensions Act, 2025….

S.Con.Res.7 – An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034….

H.Con.Res.14 – Establishing the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034….

Issues related to corporate and international tax, including regarding Public Law 115-97, Tax Cuts and Jobs Act; Issues related to Puerto Rico; Issues related to OECD negotiations on the taxation of global income; HR 1328 Supply Chain Security and Growth Act of 2025….

Federal Trade Commission related issues, no specific bill; Issues related to the Patent Act, no specific bill; Issues related to March-In/Bayh Dole, WTO/TRIPS waiver, no specific bill; Issues related to patent thickets/product hopping; Issues related to obviousness/ double patenting; Issues related to prohibiting the export of biotechnology to certain foreign entities (BIOCOMPETE); Issues related to FDA/PTO coordination; Issues related to skinny labeling; S.1041 A bill to amend title 35, United States Code, to address the infringement of patients that claim biological products, and for other purposes; S.1040 A bill to amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes….

Issues related to tariffs….

Now you know — but of course, Tangerine 2.0’s obsession with tariffs… is resulting in vastly wasted corporate assets inside the US — as executives and policy wonks try to discern whether he actually has any concrete policy goals in mind — at all… or is it all just a “randomw walk” — through Pete Navarro’s addled frontal lobes. Yikes.

नमस्ते

Just A Reminder: You Should Read EmptyWheel — Every Day.

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But it is especially vital that you read today’s installment — on corruption, unbounded in the Trump White House.

And how to help low information (but non-MAGA) people wake up and realize this is extremely dangerous to our shared, easily free… way of life:

…Trump never fulfilled the promises to distance himself from his companies in the first term. A very partial review of Trump Organization financial records show the company received over $6 million from the Saudis during his first term. As far as I’m aware, no one has even asked this time around. . . .

Which means as things stand, Trump would be the sole beneficiary of payments from key Saudi investors, [as he acts as President again]. Trump would be, at the very least, the beneficiary of a business deal with the Saudis, as president (through his sons and son in law)….

D A M N. Onward.

नमस्ते

Number Three, Of Four: Lilly’s Tripled Q1 Lobby Spend (’23 To ’25) Is Driven By The Explosion Of Its Weight Loss Franchises…

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That is decidedly good news (for Lilly shareholders) — it is making an investment, in lobbying, to protect both its patent positions on the drugs — and keep them listed as covered — through Medicare / Medicaid — and private insurance plans, where medical necessity is demonstrated. [We remain unsure as to what the long term side effects might be, from being on the jabs for years and years. Time will tell.]

In any event, next up — and the final installment — will be Amgen. Also a company that is bumping up its spending. But here is the Lilly rundown:

…Issues related to intellectual property protection and market access within current trade negotiations. Canada IP; USMCA implementation; Mexico patent linkage; Special 301; Trade talks: US-Japan, US-China, US-EU, US-UK, US-India, and US-Brazil; US Tariffs….

Patient protection; Pharmaceutical supply chain issues and shortages; Drug pricing, coverage, value, access and quality; Transparency; Intellectual property; Health insurance accessibility; Implementation of the “Inflation Reduction Act” (HR.5376); Prescription drug approval; Policy matters related to Artificial Intelligence in health care….

Intellectual property; 340B Program; Medicare & Medicaid prescription drug reimbursement, coverage and value; Implementation of the “Inflation Reduction Act” (HR.5376); CMS National Coverage Determination on Alzheimer’s disease….

Multi-lateral threats to IP and the biopharmaceutical industry; Drug importation; Prescription drug value, access and quality….

Pharmaceutical intellectual property issues….

Implementation and extension of the Tax Cuts and Jobs Act; Domestic manufacturing tax incentives; Expensing of research and development costs; Global minimum tax; Pension and retirement benefit issues; round-tripping….

Hospital discounts; 340B program; Prescription drug value, access, quality and compliance with Drug Quality and Safety Act….

That last bolded bit is the Lilly litigation / legislation / lobbying campaign… to keep various compounders (some of which are perfectly reputable) from undercutting the weight loss franchise drug’s premium pricing, in the US — via supposed supply shortages. Now you know.

Onward now, into a Middle East driven primarily by corruption and commerce, it seems. [This present “Tangerine World” (normalizing brutal Syria) bears scant resemblance to the the not so long ago time, when Cy Vance had medical device companies pleading guilty to felonies — simply for providing life-saving IV solutions bags — to hospitals, for sick children, inside Syria.] Wow.

नमस्ते

Catching Up… On NASA’s Latest Learnings, About Jupiter’s “Northern Lights” — Hundreds Of Times Brighter Than Ours, Here On Earth…

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I need a palette cleanser (after “Air Horse One” / a purported Qatari 747 “gift”, has vexed me for three days, without relief) — so the gorgeous, gargantuan auroras… above Jupiter will do just the trick. Smile.

Do go watch the 4K video explainer below — but here’s a teasing bit:

…“We wanted to see how quickly the auroras change, expecting them to fade in and out ponderously, perhaps over a quarter of an hour or so. Instead, we observed the whole auroral region fizzing and popping with light, sometimes varying by the second.”

In particular, the team studied emission from the trihydrogen cation (H3+), which can be created in auroras. They found that this emission is far more variable than previously believed. The observations will help develop scientists’ understanding of how Jupiter’s upper atmosphere is heated and cooled.

The team also uncovered some unexplained observations in their data.

“What made these observations even more special is that we also took pictures simultaneously in the ultraviolet with NASA’s Hubble Space Telescope,” added Nichols. “Bizarrely, the brightest light observed by [JWST] had no real counterpart in Hubble’s pictures.

This has left us scratching our heads. In order to cause the combination of brightness seen by both [JWST] and Hubble, we need to have a combination of high quantities of very low-energy particles hitting the atmosphere, which was previously thought to be impossible. We still don’t understand how this happens….”

Onward — now you know… there are still vast mysteries out there — in the cold black night of space… even in our own neighborhood. That’s just… awesome — maybe your own kiddos will be the ones to figure out these gas giant / planetary science mysteries, in the decades that lie ahead. Smile.

नमस्ते

The Able USDC Judge Xinis Orders Noem /Rubio — To REFILE Their Errant Document Cover Page — And The FULL Privilege Log, In Abrego Garcia’s Case… By 3 PM Eastern Today.

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The full pdf of the just entered order is “eyes only” — because it might well mention some purportedly privileged items.

But the text summary of it is tantalizing enough. How badly overdue is Noem/Rubio — on getting the log together? It was ordered to be produced… weeks ago. She’s plainly nonplussed by the foot-draggin’, here:

…TEXT ORDER:

Directing Defendants to correct this deficiency and file the privilege log by 3:00pm today.

Signed by Judge Paula Xinis on 5/13/2025.

(kb3s, Deputy Clerk) (Additional attachment(s) added on 5/13/2025: # (1) CORRECTED Main Document)….

Now you know. Onward — resolutely.

नमस्ते

This Is More About MAGA Process — Than Substance — As East Bay IV Is In Good Posture In Oakland…

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I haven’t linked the fine Ninth Cir. remand order, because it is unsurprising, and correct as a matter of law. The able USDC Judge Tigar in Oakland is already underway, in getting a record put together, from the parties, to address the Hippocratic standing argument — and the scope of prior rules and orders (and Trump’s attempts to end them by Sharpie scribbles — there are reliance interests a-go-go there).

Mostly, I wanted to leave this one here — so that we may marvel at the hubris of the one conservative’s dissent.

For well-over 100 years, nationwide injunctions from federal courts have prevented people from violating others’ Constitutional rights. [Here think of George Wallace barring the doors of the University of Alabama to people of color.]

But this VanDyke guy would tell us that… this system of checks and balances is “getting in the way of” Tangerine 2.0’s lawless cruelty against primarily brown people — who’ve had the temerity to join us, seeking nothing — but a better life, for their children.

I am sick to death of these old (almost uniformly mediocre whyte) men whining that they can’t… get old Jim Crow back.

That is all.

Second, In The “Power Alley” Lobby Series: Pfizer Still Leads In Overall Lobby Spending — Across Three Prior Q1s…

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Here is the laundry list of what Pfizer bent legislative and agency ears, on — during the first 90 days of Tangerine 2.0’s time in office. Again.

The themes do broadly echo those seen at Merck, in our post of last evening — but these efforts are deeper (and also more focused on blunting tariff talk — thus more expensive — reaching down to staffers of Congress-critters, for example). Here’s all that — without any additional ado:

…H. Con. Res. 14 — Establishing the congressional budget [i.e., the Trump 2.0 administration wish list] for the US Government for FY 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034 Budget Reconciliation….

[US House] S 526 – Pharmacy Benefit Manager Transparency Act of 2025; S 527 – Prescription Pricing for the People Act of 2025; S 832 – EPIC Act of 2025; S 864 – HELP Copays Act; S 882 – Patients Before Middlemen Act; S 1040 – Drug Competition Enhancement Act; HR 946 – ORPHAN Cures Act; HR 1492 – EPIC Act; Biosimilars Access & Reimbursement; 340B Reform; 340B Access Act; Inflation Reduction Act (IRA) Biosimilar Pause; Inflation Reduction Act (IRA) Pill Penalty; Vaccine Coverage; Intellectual Property Protections; PBM Reform; Lower Cost More Transparency Act; Bayh-Dole Act March-In Rights; Cancer Policies; Drug Pricing/Foreign Reference Pricing; Digital Therapeutics Access & Reimbursement; Patient Out of Pocket Costs….

[Senate] S 526 – Pharmacy Benefit Manager Transparency Act of 2025; S 527 – Prescription Pricing for the People Act of 2025; S 832 – Epic Act of 2025; S 864 – HELP Copays Act; S 882 – Patients Before Middlemen Act; HR 946 – ORPHAN Cures Act; PBM Reform; Medicaid Prescription Drug Access….

[Both — taxation] H. Con. Res. 14 – Establishing the congressional budget for the US Government for FY 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034; VICP Reform and Excise Tax; Tax Cuts and Jobs Act (TCJA); Comprehensive Corporate Tax Reform….

HR 2213 – Authorize the President to Enter Into Trade Agreements for the Reciprocal Elimination of Duties or Other Import; Restrictions with Respect to Medical Goods; Medical Supply Chain Resiliency Act; International Supply Chain; Tariffs; Non-Tariff Trade Barriers….

Now you know. [Note that there are bills in Congress to now grant Trump authority to reduce older tariffs; and… note to the wise: he needs the same to. . . increase them.] And Pfizer’s spend is here declining slightly from 2023 Q1 (i.e., before the election year) — but it is still the leader of the pack in the USA, for pharma spend.

नमस्ते