Category: Uncategorized

Overnight, The Ninth Circuit Bounces Tangerine 2.0 Out — There Is No “Emergency” To Create A Novel Interpretation Of Birthright Citizenship. None.

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I think this now puts Trump at 1-for-24 — and, clearly in the losers’ column.

Overnight, the Ninth Circuit told Tangerine 2.0 it could not show that gutting the plain meaning of the Fourteenth Amendment was any form of supportable law, let alone some “burning emergency”. It dismissed Trump’s appeal, in a terse order. The case will be heard on a more normal June 2025 timeframe. Here’s that, on appeal out of Seattle (of Trump’s loss on a TRO / prelim. inj.):

…ORDER FILED. (William C. CANBY, Milan D. SMITH, Jr., Danielle J. FORREST, Circuit Judges.) Order by Judges CANBY and M. SMITH; Concurrence by Judge FORREST. Appellants have not made a “strong showing that [they are] likely to succeed on the merits” of this appeal. See Nken v. Holder, 556 U.S. 418, 434 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). The emergency motion (Docket Entry No. 21) for a partial stay of the district court’s February 6, 2025 preliminary injunction is denied. The existing briefing schedule remains in effect. The clerk will place this case on the calendar for June 2025….

Here, the Government has not shown that it is entitled to immediate relief. Its sole basis for seeking emergency action from this court is that “[t]he district court has. . . stymied the implementation of an Executive Branch policy… nationwide for almost three weeks.” That alone is insufficient. It is routine for both executive and legislative policies to be challenged in court, particularly where a new policy is a significant shift from prior understanding and practice….

[It] appears that the exception to birthright citizenship urged by the Government has never been recognized by the judiciary, see United States v. Wong Kim Ark, 169 U.S. 649, 693 (1898), and where executive-branch interpretations before the challenged executive order was issued were contrary, see, e.g., Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, Legislation Denying Citizenship at Birth to Certain Children Born in the United States, 19 O.L.C. 340, 340–47 (1995)….

Onward, smiling… erh… that’s quite a… spanking, there Donald. Onward, indeed.

नमस्ते

We Are Still Awaiting The End Of A Second 21 Day “No New Cases” Period, But All Eight Ebola Patients Are Out Of Hospital… In Kampala.

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This is very good news for Kampala, Uganda — where a single index case (now deceased) sparked a single chain of positive tests, and some illness — but no additional fatalities (beyond the man’s wife).

Everyone in close contact with the index patient has now spent 21 days isolated, with no Ebola viral eruption. So they’ve all been cleared and released. There were perhaps a few hundred additional contacts of contacts, that consented to be part of the clinical trial of the candidate vaccine, for this Sudan variant of Ebola. So far, none have shown significant adverse, off-target effects. Here’s the latest, as we await a total of forty-two days, with no new Ebola cases — in Uganda:

…Uganda discharged on Tuesday the last eight patients who recovered from Ebola, health authorities reported, and there were no other positive cases in the outbreak declared last month.

World Health Organization described the recoveries as a milestone that “reflects the power of Uganda’s quick and coordinated response.”

Most of the Ebola patients were treated at the main referral facility in the Ugandan capital, Kampala.

The lone Ebola victim was a male nurse who died the day before the outbreak was declared in Kampala on Jan. 30. His relatives are among those later hospitalized with Ebola….

Ugandan officials documented at least 265 contacts… they were monitored for signs of Ebola, Health Minister Jane Ruth Aceng told reporters in Kampala….

Here is to keeping a good thought that these last ten days of the 42 day period prove uneventful. Onward, even as Tangerine 2.0 purports to do many a preposterous thing (things he has no lawful power to do — same, Elon Musk). It is up to all of us to resist him in the courts, to prevent these various dread diseases… from overrunning our ability to scientifically contain them. Yikes.

नमस्ते

Except, Hinderaker… That Not A Word Of That Stupid Black Sharpie Scribble… Is Enforceable. These “Ideas” Need New ACTS, Of The Congress.

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Gosh.

Someone must be threatening John, with Politburo style Siberian internal exile orders, and a one way train ticket… if he doesn’t step up the boot licking of Tangerine 2.0.

Hinderaker well-knows that the SEC was created by Congressional Act. He knows that for over 85 years, the POTUS has seen its ascendency ebb and flow — and no POTUS May constitutionally terminate Acts of Congress. It is self funding — the registration fees, from the deepest and most liquid capital markets on Earth allow it to RETURN billions of dollars to the general federal fisc, each year.

If Congress were to decide it wants to “draw back” on the Securities Act of 1933, it may do so. But Tangerine? He cannot.

Tangerine 2.0… is in a word, impotent, here.

John says Trump’s black sharpie ravings are… reasserting “democracy“. That is poppy-cock.

To the extent that they do anything, they are just one old, deranged narcissist’s impotent fever dreams — they amuse his vanity, exclusively. He dreams of the opposite of a democracy. He dreams… dictator dreams.

So just take a seat, you silly Hinderaker.

Out.

Thesis: The Record — Against Tangerine 2.0’s Black Sharpie Scribbles Stays… At 1-for-23.

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Perhaps this might seem trivial, but we will keep Trump’s record at 1-for-23, since the “no immediate TRO” rulings he’s seeing this week… are simply a view that the plaintiffs don’t AUTOMATICALLY win a restraining order. Not any final win for Baby-T 2.0.

As more evidence is developed, they may well ultimately win the jobs back/the cuts abated.

Said another way, the 23 judges saw a clear violation of law — so clear that the plaintiffs were AUTOMATICALLY allowed to revert to the previous state of affairs — before the lawless Black Sharpie scribbles.

Very odd times… with the US laying prone before Russia’s Putin to boot. What on Earth does Trump owe… Vlad Putin, to get this supplicant posture on the world stage?

We want to know.

And, Mr. Zelenskyy is correct: Ukraine is NOT for sale. Period.

नमस्ते

Power Alley: Additional Thoughts, On The “Mistrial By Consent” In LA — For Merck’s Gardasil Defense…

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The sua sponte dismissal of a jury case mid-trial is not that unusual, but the plaintiffs in a vaccine products liability case admitting that the jury had likely been tainted, also suggests… the plaintiffs’ firm realized they were likely going to lose the case.

And all of it stems from very-public “flip-flops” by one RFK, Jr., at one time a lawyer who recruited plaintiffs in anti-vaccine cases, and his sworn testimony in his confirmation hearings — where he averred that he no longer thought vaccines were inherently dangerous.

Then, once confirmed by the Senate (by a margin of one, in a voice vote) — he yesterday said, from his offices as the sitting US Health and Human Services Sec’y., that he would “begin an investigation” into the safety of mandates for childhood vaccines. This, despite pledging to the Senate that “he would not meddle, with vaccine mandates” — if confirmed.

Even if we are to believe that the plaintiffs’ case in chief before the jury made no mention of Mr. Kennedy’s anti-vaccine views on the earlier record… Merck would have been well within its rights to introduce evidence when it finally got to put on its defense (that hadn’t started yet) that one of the plaintiff lawyers due to be paid millions was the very same RFK, Jr.

For his part, RFK — sensing his nomination was in trouble, last week announced that his adult son, Conor, would hold all interest in his legal fees in all these health care related cases. But even so, Merck could introduce his newly pro-vaccine statements under oath before the Senate to say that the plaintiffs’ own lawyer now doesn’t think Gardasil is in any way unsafe. This despite having recruited perhaps hundreds of other potential plaintiffs, by making at best dubious claims. Damn.

Finally, between now and when the supposed September retrial begins in LA… a federal judge in North Carolina will decide to consolidate dozens of these existing cases in various federal trial courts, into an MDL — and thus this case may get folded in there. [All of this is before we discuss the strong defenses created by the so-called vaccine shield laws, from which Merck will benefit if this case ever is retried.]

We shall see — but it is amazing that RFK cared so little about his supposed clients, if nothing else — that he torpedoed their cases. Charming — it leads to the suggestion that avarice is all that drives him. Out.

नमस्ते

Hinderaker Professes… Surprise?! Really?! Damn!

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First, let us recall John’s posture in February 2022: because Trump was actively promoting Putin’s agenda, by saying Putin was playing Biden like a drum, and that America is full of idiots… John joined the chorus in a pro Russian/Putin diatribe against Ukraine and Zelenskyy (see at right).

It was clear then in 2022 that this was going to be Trump‘s approach, should he ever be put back in office: with Trump, everything is personal.

He was still furious and thinking about revenge, since Zelenskyy had not delivered “dirt” on Joe Biden for the 2020 election cycle as requested, before sending aid to Ukraine.

Now fast forward, three more years, and Trump is extracting his revenge and paying off whatever debt he owes to Putin in doing so. The only thing surprising about all this is that Hinderaker professes to be surprised.

Where was he when Tangerine was saying he would do all this? Oh. Right. Licking the Tangerine boots in mid to late 2024.

But now he clutches his pearls?! Damn:

…Ukraine has suffered hundreds of thousands of casualties in resisting the Russian invasion, and its economy is a shambles. Most observers (including me) would say that Ukraine represented the West in its defensive war against an aggressor. So, why such a punitive attitude on the part of the Trump administration?

Meanwhile, President Trump has been negotiating with Russia without consulting Ukraine. Why? Many observers are asking, whose side is he on? President Zelensky has canceled his trip to Saudi Arabia as a protest against Trump’s purporting to settle the future of Ukraine without consulting Ukrainians…

That’s Hinderaker, tonight.

I am sick of his endless BS. He directly created this — with the rest of the docile GOP.

To call what Trump is doing here “an unforced error” (leaving Zelenskyy and Ukraine, to be slaughtered) is about as tone deaf as asking Mary Todd Lincoln “Well, then… other than that, Mrs. Lincoln — how did you enjoy the play?”

And John concludes tonight, by saying he “hopes it all turns out okay…” — how very Neville Chamberlain of him!

He was, and is, a feckless moronic putz.

The Jury In LA Was Let Go, By Agreement — Since Kennedy Helped Recruit These Plaintiffs — And Now He’s The “Official Voice” — Of Vaccine Skeptic Science In The USA…

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The “knock-on” lunatics’ effect, continues apace, in the land of Tangerine 2.0’s destruction tour. Tonight, even the plaintiffs’ lawyers — in the ongoing jury trial in state court in Los Angeles, California, agreed that the jurors might be “tainted” by the wall-to-wall TV news coverage… that one of the lawyers who helped recruit these and other plaintiffs — by making unscientific, anti-vaccine pitches, against a Merck vaccine… is now the official voice of vaccine science and life science, more generally, in the United States of MAGA.

These are indeed strange times. Here’s the latest, as of 5 pm Pacific — via Reuters:

…Merck and a woman suing the drugmaker agreed to halt a trial over alleged injuries from the drugmaker’s human papillomavirus vaccine in a case with ties to U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr, the company and an attorney for the plaintiff said.

Merck and the plaintiffs plan to reconvene in a Los Angeles state court in September with a new jury, the company said in a statement provided to Reuters….

Mr. Kennedy couldn’t be reached for comment, since he stands to reap millions personally in referral fees, if these plaintiffs ultimately prevail next year. Damnation — this nation… is for sale. Utterly — for sale — to billionaires.

नमस्ते

In Order To Work This Malign And Duplicitous Farce, Musk Needs To “Lobby” Non-Trumpians In Government. He’s Stuck.

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Thesis: the federal ethics in government laws do mean something. By way of contrast, Elon Musk thinks simply by saying he holds no “employee” role at DOGE (i.e., not a federal employee), he is no longer subject to the conflict of interest disclosure rules of the LDA of 1995.

Not so.

Moreover, by saying under oath that he is merely an advisor, but employed in the West Wing, every time he speaks to someone outside his own MAGA cult who is an administrator or elected representative in the federal government… he violates the LDA’s disclosure rules.

He has not registered to lobby the Democratic Congress-people, most directly — and it is beyond dispute that his business interests conflict into the hundreds of billions of dollars — with those of ordinary Americans (and the platforms the majority of Democrats seek to advance). He has not disclosed, in any cohesive, statutorily-required written manner, how his vast business desires are antithetical to the peoples’.

So — each time he cajoles or implores the Non-MAGA folks in government — he commits a new LDA violation. The world’s richest man may not care about the $200,000 per violation fine — but the two year prison stint — now that it is a “knowing violation”… should wake him up.

These sworn statements were filed last night in DC, in the suit by New Mexico and other states, against his usurping the roles of statutorily mandated agencies and review processes. Musk’s lawyers believe they offer him refuge. They do not.

That is a power Tangerine 2.0 needs new legislation to even begin implementing.

Onward.

Out.

Hinderaker Should Revise His Insipid Demographics Claims, For The Fact That GOP/MAGA Is “Anti-Science”.

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Here, John again fatuously tells us that the (whyte) conservatives will deliver so many more babies world-wide, than “libs”(?!) — that they will rule the Earth by sheer numbers.

Uh-huh. Except that the charts actually support the opposite conclusion: with modern medicine and science increasingly and dramatically reducing infant mortality in the less developed world — Africa and parts of Asia, primarily… John will find that his great grand-children live on a “brown-ish” planet.

And specifically, the US will see more brown people than whyte people, likely before 2045.

Most of all though, should another pandemic strike, it will be conservative, anti-science whytes who die off — for refusing vaccines, and injecting horse dewormer and… bleach — just as we saw in the 2020-2021 period. [See at right.]

So — good luck with all that, John. Yes, I am treating his burping with all the seriousness it merits.

N O N E.

Grin.