Category: Uncategorized

Billingsley: Can’t Decide If Mass Shootings / School Crime Victims… Have Any Rights

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Okay. This is proof positive that all the Powerline boys… are faux grievance seekers, almost exclusively.

Billingsley tonight complains that a capable Nashville trial judge has ruled that any copyright embedded in “manifestos” of serial killers or mass school shooters… belongs to the families of the dead victims. [Billingsley apparently — and in a preposterously depraved fashion, thinks he has a right to it.]

Now, on top of that, in this case, Billingsley thinks he has a right to ID the children who were the victims, even though the families asked that their names not be released.

But because the profoundly mentally ill shooter had also experienced gender dysphoria… Lloyd thinks he has an intellectual property right, both to the manifesto, and the kid victims’ stories.

What an entitled, hateful snob. His “rights” are only important to him, if he can further a hate agenda with them.

The families have decided not to release the manifesto. That is their call — not Powerline’s. The FBI has determined there is no ongoing threat to the public in the dead shooter’s manifesto (wholly unlike Matthew Hale’s — and the World Church of the Creator writings, circa 1999).

Damn Lloyd… grow up.

And stop abusing the families that fell victim to unspeakable violent crime. [It is by no means “suppressing evidence” by the FBI, as Billingsley stupidly claims — where there will be no trial. The shooter is dead and buried; no trial… no need for evidence. Period.]

You. Are. A. Loser.

“F#ck ’em Both” Is Protected Speech, On A Tennessee Lawn Sign. City Must Pay $31,000 In Plaintiff’s Legal Fees. Grin.

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Helping Americans, be American… that is the theme of this USDC opinion, out of Western Tennessee.

The plaintiff sued, after racking up over $600 in fines, from the city of Lakeland, for display of a political lawn sign that the city fathers deemed obscene. They hadn’t read Cohen v. CA, obviously. This matter was long ago decided by the Supremes: a tee shirt that said “F#ck the Draft” was not obscene. And so, the court correctly ruled that this lawn sign cannot be… obscene. And it will cost the city a pretty penny, in legal fees, too. Here’s the court’s opinion — and the original complaint at law. . . and a bit:

…Under Cohen v. California, 403 U.S. 15 (1971), the Plaintiff’s political sign is not obscene, and the Defendants may not lawfully regulate it based on the viewpoint it expresses.

Within 30 days of the entry of this Order, the Defendants shall reimburse the Plaintiff $688.45, which constitutes all fines, fees, costs, and expenses she has incurred for displaying her unredacted political yard sign.

The Defendants shall pay the Plaintiff nominal damages in the amount of one dollar for violating the Plaintiff’s First Amendment rights.

Pursuant to 42 U.S.C. § 1988(b), the Plaintiff shall be awarded reasonable attorney’s fees in the amount of $31,000.00 and costs in the amount of $811.75, payable to Horwitz Law, PLLC IOLTA within 30 days of the entry of this Order.

This Order constitutes the final judgment in this action pursuant to Fed. R. Civ. P. 58. All remaining claims in this litigation, and all other pending matters arising out of, regarding, or relating to this litigation, are dismissed with prejudice and/or denied as moot. The Parties also waive any right of appeal.

IT IS SO ORDERED….

Now you know — picnic dinner and bocce ball, by the lake with baby girrrls… grin.

नमस्ते

2023 In The US Was The Deadliest Year In A Decade — For Accidental Workplace Deaths, In Mining

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Regular readers will recall that even four decades on, I follow miners’ workplace conditions and safety laspes rather closely. And in that regard, the Tangerine’s roll-back/easing of various OSHA safety regulations (largely from coal mining lobbying efforts) has now appeared in the annual data, with a vengeance. [There have been no workplace safety roll-backs under Mr. Biden, to be clear.]

With more granularity, Texas (no surprise) saw the most fatal accidents in 2023, with five. Georgia had four and West Virginia had three. Eight states had two fatal accidents last year, including California, Indiana, Kentucky, Massachusetts, Missouri, Pennsylvania, Nevada and Tennessee. [None in Colorado, and that says something — as well.]

Of last year’s 40 mining fatalities — January and August were the deadliest months, with six fatal accidents, each. Five miners died in mining accidents in March, and four died in June. Each month last year had at least one mining fatality. This is not the way the trendlines should be headed — with only 2014 eclipsing 2023 (there were 46 in 2014):

…The mining industry had its deadliest year in a decade in 2023, as 40 miners died in accidents across the U.S….

The Mine Safety & Health Administration (MSHA) provides details about the 40 fatalities in reports on its website, attributing the accidents to nine general causes. MSHA characterized 16 of last year’s fatalities as involving machinery, with 10 classified as powered haulage accidents. Combined, machinery and powered haulage accounted for 65 percent of mine fatalities in 2023.

The other fatalities were classified in seven different ways. Three 2023 fatalities were classified as electrical accidents, with another three categorized as slip or fall of person. The other fatal accident causes were drowning (2); fall of roof or back (2); falling, rolling or sliding rock or material of any kind (2); fall of face, rib side or highwall (1); and handling material (1).

Additionally, MSHA published details about the nature of the material mined at each site where fatal accidents occurred. Thirty-one of the 40 fatalities occurred at sites fitting MSHA’s description of a metal/nonmetal mining operation. The other nine fatal accidents happened at coal mines.

Of the 31 metal/nonmetal operations involved, seven occurred at “crushed broken limestone” operations and six happened at construction sand and gravel operations. The nature of the material at the other sites involved was kaolin and ball clay (3); “crushed broken sandstone” (2); “crushed broken stone” (2); dimension stone (2); gold ore (2); cement (1); “crushed broken traprock” (1); dimension limestone (1); lime (1); platinum group ore (1); “sand common” (1); and silver ore (1)….

I cannot fathom how the richest nation on Earth cannot see it owes its workers in hazardous industries the best in protections, possible — the industry is vastly profitable, afterall. Damn — vote for sensible federal oversight, come November. [Hint: that is not Tangerine’s mantra.]

नमस्ते

HIV: A Lethal Scourge Of The 1980s-1990s… More Or Less… Banished — To The Dustbins Of BioScience History?

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There is almost no way to fully-convey what a dramatic turnaround this represents, here nearly 40 years later.

The AIDS crisis meant that if diagnosed, it was mostly only a question of how soon you’d succumb, not whether you might recover. It was rightly considered exceedingly lethal, and always resulted in a heinously torturous… end. [Almost everyone I knew back then… knew someone who’d suffered and died of the disease — many at someone else’s bed-side — helplessly watching it happen.]

Fast forward at least thirty years. It seems today, that the largest part of these excellent jab results are the product of drug compliance. The daily pill versions are highly effective, but only if they are religiously taken… every day. [So real world results fall to around 30% effectiveness, when multiple doses are missed.]

The use of twice a year injections, on the other hand… largely takes forgetfulness out of the equation, so it is fair to call this a “cure” now. As ever, getting it to a price point that most might afford. . . will be the real challenge from here:

…Gilead Sciences Inc.’s experimental twice-yearly shot prevented 100% of HIV cases in women and adolescent girls in Africa, the first successful big trial of what’s hoped to become a powerful new drug regimen for fending off the virus….

As ever — progress… progress in bio-science is grin-inducing, for me — personally. Onward!

नमस्ते

Hinderaker Again Forgets: Neither The Brits (Nor The French)… Will Vote Like Americans. YAWN.

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A week ago, Hinderaker was preposterously touting Le Pen in France… as proof of what November would bring in the USA. Silly, as we explained.

This morning, he is trying to explain away the liberal landslide (made up of left, and center left parties) in Great Britain, by saying that unlike here in the US, actual “conservatives” are in the distinct minority in England, Ireland and Scotland. Maybe, as to those three — but not so, here in the USA.

His twice flawed premise — as to the US electorate — amounts to this: (i) Tangerine is not a “conservative” in any meaningful sense; he is authoritarian and trending toward… fascism; and (ii) more Americans support humane border policies than those who do not (and most support fair health care for all).

Which is to say… when it comes down to it, on abortion access, and the prospect of Tangerine pardoning himself for national security felonies… a solid purple majority of Americans will vote AGAINST him, regardless of who is at the top of the Democratic ticket [so long as it is NOT HRC — her negatives are (perhaps unfairly) just insurmountable].

There you have it.

Out.

Lloyd Billingspuss: Lying, Like A Rug Late Tonight…

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Not really even worth linking, but from his preposterously deceptive spin on asylum seekers, to Tangerine’s 19th Century energy tariffs… Lloyd’s is chock full of lies.

Maybe he shouldn’t post after midnight — especially while imbibing (but it is likely the British election results are what he’s actually primarily vexed over). He’s… a putz.

The British anti-conservative sentiment will appear here in the US results — come November (and by then in France Le Pen will again be an odd throwback/fascists’ footnote), as well.

YAWN. As ever.

Onward — to a sunnier tomorrow!

Even In These Darker Times, There Is Much Cause For Which… To Be Hopeful. We Will… Rise. [I am ignoring Hinderaker’s idiocy.]

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Paul Simon wrote this… as a profound national lament.

A lament for a nation that in his eyes… had lost its way (as I feel we all have, in the past week). I offer it today, on this the collective birthday — echoing “peterr” at EW, because… it is also full of the hope of a new day, a new alliance, and a new… confidence — in our shared concern for our fellow humans. Do take a listen, here (and below):

…The music that Garfunkel played for Simon was a part of Bach’s St. Matthew’s Passion that became the stand-alone hymn “O Sacred Head, Now Wounded.” Even without the words, Bach’s music has the feel of conflict, betrayal, and death. Bach’s music was not the music of Christmas, but Lent. But even though he couldn’t make the tune work for that Christmas album (that never got made), Simon didn’t forget that music, and he finally found the right words to express what the music was saying. . . .

In the wake of the assassinations of Martin Luther King Jr. and Robert F. Kennedy, as the Vietnam War continued to spew destruction and death in ever-larger measure, and as Richard Nixon was elected president, Simon mourned for his country. He knew the pain of national mistakes, the fog of confusion over the nation’s founding story, and the forsakenness of separation from what that long-ago Fourth of July promised. And he and his nation were, above all, weary….

Resolve with me, all you of good will, to pick yourself up, dust the clay from your shoulders, and start anew — tomorrow in the luminous but clear(er) dawn.

Onward, and out.

नमस्ते

Holiday Trivia — At Least Six Very Senior Executives From Merck Have Worked At Inovio, Since 2010 — When We Started Following Layoffs…

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Since 2010, my list includes… Dr. Joseph Kim, Simon X. Benito, Steven Egge, Dr. Mark L. Bagarazzi, and Dr. Roger D. Dansey. Various very capable bio-scientists, who by then had retired from Merck (prior to 2009), and went on to Inovio include Ann C. Miller, M.D. and Wendy L. Yarno.

These are all very high ranking former Merck executives — and now, Inovio is poised to seek FDA approval for its first DNA medicine — INO-3107, a potential recurrent respiratory papillomatosis treatment that it plans to submit for FDA approval this year. In the bio-sciences, the path to market is often a multi decade affair. And this is Exhibit A, for that idea [as we’ve been watching — as an investor, since about 2011]. Here’s to wishing all these Merck alums… all the best:

…[Inovio has replaced 2021 hire Mark] Twyman [who] discussed preparations to launch INO-3107 on an Inovio earnings call in May. Seven weeks later, Inovio revealed the appointment of Egge as chief commercial officer. The statement about the new hire makes no mention of Twyman….

Egge arrives as Inovio, a biotech founded at the start of the century, prepares to become a commercial company. Inovio CEO Jacqueline Shea discussed the preparations at an investor event in May, telling the attendees that “commercialization plans are well underway” and multiple work streams are on the go.

“We’re really working to understand both the healthcare provider and the patient landscape,” Shea said. “We’ve been doing some claims database analysis to really understand where those patients are, which physicians they go to, so that we can really target our field force appropriately….”

Now you know. Have a safe and happy one, one and all!

नमस्ते

This Well-Meaning Editorial Misses The MOST Critical (And Recent) Fact — Rendering It… A Nullity.

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So, I trust that the Professor Emeritus means well.

But despite devoting two paragraphs to what happened when the Notorious RBG died, he fails entirely to mention that the GOP controlled Senate (despite the election being over 18 months away!) blocked the nomination of Merrick Garland, to her vacancy.

Here, a mere five months from the the next election, he assumes the GOP won’t filibuster a PAIR of nominations, by Mr. Biden — should Sotomayor and Kagan step aside?!?

What is he smoking? Here’s a bit:

…[T]hree liberal Republican-appointed justices voluntarily left the Court knowing their seats would be taken by three justices who would be appointed by Democratic presidents and confirmed by a Democratic Senate. These justices obviously trusted Democrats, rather than Republicans, to nominate successors who would continue their liberal legacies.

So how do these liberal Republican-appointed justices compare with our three liberal Democratic-appointed justices: Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan?

The late Justice Ginsburg’s story is well-known. If she had chosen to resign in 2013 [WTAH?!], she would have been 80 years old with a distinguished 20-year record on the Supreme Court. Her successor would have been named by Obama and confirmed by a Senate controlled by Democrats. Yet her refusal to resign eventually resulted in the appointment of Amy Coney Barrett by President Donald Trump….

[Forgive me, professor — but you leave unmentioned the clear MAGA obstruction, almost 18 months BEFORE a general election.] Thus, the entire opinion he offers is devoid of meaning — given his failure to account for the current realities of filibusters — and offer a practical solution to the scorched Earth MAGA / GOP Senate crowd that now can do so — almost at will.

Nope. Democrats and progressives must win in November, then sometime in 2025, the two might consider offering their seats.

That’s the only logical answer — or, an expansion to 13 seats — in 2025, by Executive Order, or an Act of Congress.

Out.

Last Night, Merck — Tonight, It’s NASA’s Turn: Doing Well, By Doing Good.

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In the graphic, I’ve named only a handful of the awarded institutions — 23, in all. But in truth, they’ve ALL been selected in no small part because — for a very long time, they’ve served the underserved… in silence. No more.

These are affirmative statements — anti-racist statements: putting our money where our mouths are: developing talent, in places where 50 years ago… even NASA might not have bothered to… look. Here’s the whole story, and a particularly gratifying bit:

…NASA has selected 23 minority-serving institutions to receive $1.2 million to grow their research and technology capabilities, collaborate on research projects, and contribute to the agency’s missions for the benefit of humanity.

Through NASA’s Minority University Research and Education Project (MUREP) Partnership Learning Annual Notification (MPLAN) award, selected institutions will receive up to $50,000 each for a six-month period to work directly on STEM projects with subject matter experts in NASA’s mission directorates.

“As NASA looks to inspire the next generation, the Artemis Generation, we are intentional in increasing access for all,” said Shahra Lambert, NASA senior advisor for engagement and equity. “It’s a daring task to return to the Moon then venture to Mars, but NASA is known to make the impossible possible. By funding partnerships such as MPLAN, and tapping into all pools of STEM resources, including MSIs, we are ensuring the future of our missions are in good hands.”

“These awards will help unlock the full potential of students traditionally underrepresented in science, technology, engineering, and mathematics research and careers,” said Torry Johnson, deputy associate administrator of STEM Engagement Projects at NASA Headquarters in Washington. “Through this award, universities receive support, resources, and guidance directly from NASA experts, which can be a game changer for the work they do to develop technological innovations that contribute to NASA missions and benefit all of humanity….”

And yes, these posts (for example, Merck, of late last night) are in no small part to shake off… the openly sneering hatred evinced by/from Justice Clarence Thomas… in his endless burpings of needless obiter dicta — in the close-out opinions (ones that attracted only Alito’s vote) of this term.

Just sit down, you decrepit… grifter.

नमस्ते