[U: Back To Toss-Up!] Hinderaker Hasn’t Called A National Outcome Correctly Since 2016… Not One.

And he was wildly wrong in 2012. And 2008. [Updated on Sunday 06.30.24 — the latest polling, post the debate, puts the race at nearly dead even. People prefer a sensible grandfather over a deranged, lying, incontinent sociopath. Put that in your pipe and smoke it, John.]

In sum, he only ever predicts GOP wins, for the highest office.

So it should be no surprise that he bumblingly missed the call in 2012, after Mr. Obama soundly lost to Mitt Romney in their first debate (but roared back to bury him by November)… that John thinks Tangerine will win from here. He won’t.

John’s most confused about the voting of people of color. But whatever. We will leave that for another day.

My point tonight is that he’s underestimated how much Tangerine’s lies hurt him with more educated voters (about 58% of Americans). It will take a few weeks to sink in, but it will appear.

Watch and learn Hinderaker, as Baby T’s lead evaporates after July 11.

Cheers.

The Supreme Court Just Sent Steve Bannon A Note: “Go Directly To JAIL, Do NOT Pass “Go” — Get Locked Up, On Monday Morning — For Four Months.”

It hardly could happen to a… nicer guy.

Mr. Bannon may not remain free while his appeals for defying a Congressional subpoena. . . work their way through the federal courts.

Here’s this morning’s order, from the Supremes, in full.

See ‘ya, old man. Wouldn’t wanna’… be ya’. Just as we’ve long said — he’s just one of about 43 Tangerine-era high advisers who’ve been indicted, convicted, sent to jail, or are presently in jail… or were pardoned by 45 before jailing. Out.

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Though Their Overall Geometry Differs Markedly — Two Echoes — Of The COVID-Era Monoliths Spotted Last Week, Out West.

After a week of some surreal / downbeat US political news… we will return to a joyous, if largely trivial public / performance arts story. Or, two of them, actually.

In the teeth of COVID (Spring 2020), most will recall that a monolith (likely stealthily dropped there a few years earlier by one John McCracken, as a parting legacy gift to the Universe) was first seen in the red rock desert of remote western Utah. From there, the fad / collective performance spread to Joshua Tree, and outside San Diego… and to Colombia, Romania and the Netherlands, even. Others were seen in the Aussie outback, near Uhuru, and New Guinea, even.

And then, there were no more. The first few closely followed the 3-5-7 geometry of McCracken’s original. But these 2024 versions are both rectangular though, not three sided. Still very good fun. Carry-on, I say! Here’s a bit from the BBC:

…A mysterious monolith has appeared in the Nevada desert over the weekend, sparking speculation as to what it may be and who is behind it. The structure was spotted by the Las Vegas Police Department, who said they saw it during a search and rescue mission north of the Las Vegas Valley.

“We see a lot of weird things … but check this out!” the police posted on social media.

The monolith is similar to other similarly puzzling ones that appeared around the globe in 2020.
The tall, rectangular, reflective structure was spotted near Gass Peak, a hiking area in the Nevada desert just about an hour north of Las Vegas….

[And subsequently, via Colorado Public Radio:] The shiny object appeared last week.

From a distance, it’s a tall, svelte, sparkling glint. You’ll know you’re close when you see a bunch of cars parked on the side of the road behind the Morning Fresh Dairy Farm near the community of Bellvue, and gaggles of people squinting, pointing and guessing what, exactly the rectangular curiosity is supposed to mean — or be….

[But locals] since noticed there are unfamiliar tire tracks leading up the hill.

“I don’t know what kind of cars aliens drive,” Graves asked, laughing. “Do you?”

There are other clues that at least some humanoids were involved in making The Monolith. It has a poured concrete base, which is attached to the object with the kind of nuts and bolts you’d find at the hardware store….

Now you (sort of) know — we believe firmly “You gotta’ have… ART!” Grinning into a baby girl Saturday night, now… be excellent to one another!

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[U] NASA To Hold 2 PM EDT (Untelevised) Media Briefing: Spacesuit Issues And Schedule For Boeing Starliner Crewed De-Orbit…

The various mid-course challenges at the ISS will be the subject of a press conference this afternoon.

UPDATED @ 3:20 PM EDT — I only caught the tail end of the call, but here is CNBC on it all — looks like several more weeks, at ISS for Butch and Suni:

Boeing’s Starliner capsule “Calypso” will stay at the International Space Station into next month while the company and NASA conduct new testing back on the ground. Boeing’s crew flight test represents the first time Starliner is carrying people, flying NASA astronauts Butch Wilmore and Suni Williams.

Officials say the Starliner team is starting a test campaign of the spacecraft’s thruster technology at White Sands, New Mexico – testing that will be completed before Starliner returns to Earth.

“We think the testing could take a couple of weeks. We’re trying to replicate the inflight conditions as best we can on the ground,” NASA’s Commercial Crew manager Steve Stich said during a press conference….

[End updates.]

I’ll tune in, but for whatever reason, it will not be a NASA-TV video/audio feed. At least by my lights, that is slightly… disconcerting. Disconcerting, because it seems a little last minute. We will keep you apprised — here’s the bit:

…Leadership from NASA’s International Space Station and Commercial Crew Programs, as well as Boeing, will participate in a media teleconference at 2 p.m. EDT on Friday, June 28. Expected topics include Boeing’s Starliner Crew Flight Test, U.S. deorbit vehicle, station operations, and spacesuits….

Oddly, it seems… everything is slightly a-kimbo (in my orbit, at least), after last night… will a pathological felon and serial liar best a gentle, elder statesman? I certainly hope most intelligent, educated Americans see through the lying bluster — and are smarter than this. Onward.

[Update: Chevron deference is no more. That is bad news for. . . progress in America, but Roberts does limit his rhetoric, saying only that courts handle ambiguous statutes — not agencies, as a matter of first right.]
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[U] Apparently John Thinks A Sentenced Felon… Is A Preferable President.

John seems to think real Americans don’t care that Tangerine is in fact a convicted, and soon — a sentenced — felon. Same, with Steve.

Updated, to a minor degree — Hinderaker thinks on Friday morning that this means the Democratic Party’s leaders are so panicked that they will replace Mr. Biden. I get that he hopes to stir fear, but I am not seeing it. [Maybe John would like to explain what Trump meant when he said “we will have jobs for the blacks — we always make jobs for the blacks…” As more time passes, and more of Tangerine’s actual recorded lunacy is parsed — I think steady, gentle statesmanship will win out, over… felonies.]

And these Powerline boys think his liability for lying about forcible sexual assault and committing $500 million of financial and charitable frauds — and being prohibited from ever running a charity again in New York… won’t matter. These facts… will indeed… matter.

Yes — Mr. Biden is occasionally… grandfather-like. Duly noted. But he is steady. And he will listen to, and heed… good advice.

That said, these guys think America wants a pure crook at 1600 Penn. A sentenced felon, in charge? Don’t bet on THAT.

Most Americans heard Tangerine’s incessant lies, as just that: LIAR in Chief.

Sorry boys, your candidate will lose in November. Just watch.

Oklahoma Bureaucrat Claims A “Right” — To Force Public Schools To Teach The Bible & Ten Commandments? WHO Are These… Loons?

Just like the Louisiana nonsense we mentioned at the end of last week, this Oklahoma bureaucrat will soon be dust in the wind.

He doesn’t even have the benefit of a purported “state statute” — to give him cover, saying that it is the (mostly mythical) will of the populace. Nope — he’s just raw-dogging it. Even if it were the will of the people of Oklahoma, “shall make no law”… is unambiguous. Shall… not.

Clearly, the sole goal is to provoke wedge issue litigation. And we will of course oblige, on behalf of all schoolkids and their parents that are either agnostic, or follow some other faith or none, at all. Cue the ACLU. He will lose. Here’s this latest nuttery:

…Oklahoma’s state superintendent on Thursday directed all public schools to teach the Bible, including the Ten Commandments, in an extraordinary move that blurs the lines between religious instruction and public education.

Mr. Walters, a former history teacher who served in the cabinet of Gov. Kevin Stitt before being elected state superintendent in 2022, has emerged as a lightning rod of conservative politics in Oklahoma and an unapologetic culture warrior in education. He has battled over the teaching of race and gender identity, fought against “woke ideology” in public schools and at times targeted school districts and individual teachers….

Walters, who is a Republican, described the Bible as an “indispensable historical and cultural touchstone” and said it must be taught in certain grade levels….

And, naturally, recent surveys rank Oklahoma 50th (out of 51), in public educational attainment/quality. This is an attempt to force all Americans back into a whyte, X-tian controlled world. One most abandoned in the early 1950s, as not what the founders had in mind. Ryan Walters, do take heed: you will fail — here, pluralism is our mantra. Out.

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BREAKING: The Sackler Family Cannot GAME The Federal Bankruptcy Statutes — To Slip Away, Unscathed, Out of The OxyContin Scourge They Reaped Billions From…

This is very good news. Consequences — finally for the runaway winners — of the 2021 Shkreli Award, for bad pharmaceutical behavior.

Here’s the just breaking good news (the opinion in full) — and a bit:

…The bankruptcy code contains hundreds of interlocking rules about “‘the relations between’” a “‘debtor and [its] creditors.’” Wright v. Union Central Life Ins. Co., 304 U. S. 502, 513–514 (1938). But beneath that complexity lies a simple bargain: A debtor can win a discharge of its debts if it proceeds with honesty and places virtually all its assets on the table for its creditors. The debtor in this case, Purdue Pharma L. P., filed for bankruptcy after facing a wave of litigation for its role in the opioid epidemic. Purdue’s long-time owners, members of the Sackler family, confronted a growing number of suits too. But instead of declaring bankruptcy, they chose a different path. From the court overseeing Purdue’s bankruptcy, they sought and won an order extinguishing vast numbers of existing and potential claims against them. They obtained all this without securing the consent of those affected or placing anything approaching their total assets on the table for their creditors….

Purdue sits at the center of these events. In the mid1990s, it began marketing OxyContin, an opioid prescription pain reliever. 69 F. 4th, at 56. Because of the addictive quality of opioids, doctors had traditionally reserved their use for cancer patients and those “with chronic diseases.” 635 B. R., at 42. But OxyContin, Purdue claimed, had a novel “time-release” formula that greatly diminished the threat of addiction. Ibid. On that basis, Purdue marketed OxyContin for use in “‘a much broader range’” of applications, including as a “‘first-line therapy for the treatment of arthritis.’” Ibid.

Purdue was a “‘family company,’” owned and controlled by the Sacklers. Id., at 40. Members of the Sackler family served as president and chief executive officer; they dominated the board of directors; and they “were heavily involved” in the firm’s marketing strategies. 69 F. 4th, at 86 (Wesley, J., concurring in judgment). They “pushed sales targets,” too, and “accompanied sales representatives on ‘ride along’ visits to health care providers” in an effort to maximize OxyContin sales. 635 B. R., at 50….

Appreciating this litigation “would eventually impact them directly,” id., at 59, the Sacklers began what one family member described as a “‘milking’ program,” 635 B. R., at 57. In the years before the 2007 plea agreement, Purdue’s distributions to the Sacklers represented less than 15% of its annual revenue. Ibid. After the plea agreement, the Sacklers began taking as much as 70% of the company’s revenue each year. Ibid. Between 2008 and 2016, the family’s distributions totaled approximately $11 billion, draining Purdue’s total assets by 75% and leaving it in “a significantly weakened financial” state. 69 F. 4th, at 59. The Sacklers diverted much of that money to overseas trusts and family-owned companies….

Held: Reversed. Yes, this means some aging victims and families may die before getting a recovery at all, for the damages. But it cannot be that the Sacklers would be allowed to keep about $6 billion — where they personally made well over $20 billion in net income, off the debacle. At some point, even billionaires are bound by the same rules the rest of us are, in businesses — of any kind. Onward — satisfied… on a perfectly sunny summer morning here!

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We Expected An FDA Approval For Merck Last Night. Didn’t Happen — Facility Observations At A Contract Manufacturer Are Now A Gating Variable…

We had mentioned over the weekend that the first in class candidate (the first from the $22 billion Daiichi Sankyo / Merck relationship to clear the clinical trial baffles) should have gotten a green light Wednesday (last night). The data is good; the biologic works as expected and the safety profile is acceptable.

But as biologics (complex human-like proteins) are far more complicated to manufacture than powder pills, it is often true that manufacturing facility clearance is every bit as important as a good clinical trial result. That is true, this morning. Merck is going to work swiftly to resolve the observations at the contractor’s facility — and get the facility approved at FDA, as well. Thus this is all largely… immaterial. I’d guess that the facility will be green lighted later in Q4, 2024 [Thus the stock is off less than one percent.] Here’s the latest, from an overnight presser:

…The U.S. Food and Drug Administration (FDA) has issued a Complete Response Letter (CRL) for the Biologics License Application (BLA) seeking accelerated approval of Daiichi Sankyo and Merck’s (known as MSD outside of the United States and Canada) patritumab deruxtecan (HER3-DXd) for the treatment of adult patients with locally advanced or metastatic EGFR-mutated non-small cell lung cancer (NSCLC) previously treated with two or more systemic therapies….

The CRL results from findings pertaining to an inspection of a third-party manufacturing facility. The CRL did not identify any issues with the efficacy or safety data submitted.

Patritumab deruxtecan is a specifically engineered potential first-in-class HER3 directed DXd antibody drug conjugate (ADC) discovered by Daiichi Sankyo and being jointly developed by Daiichi Sankyo and Merck.

“We will work closely with the FDA and the third-party manufacturer to address the feedback as quickly as possible in order to bring the first HER3 directed medicine to patients with previously-treated EGFR-mutated non-small cell lung cancer,” said Ken Takeshita, MD, Global Head, R&D, Daiichi Sankyo. “We remain confident in the ability to develop this medicine to its full potential….”

Now you know — as we watch Scotusblog, for a flurry of Supreme Court decisions, due in the next ten minutes. Grin.

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Once Again — A Supremes’ Opinion On Women’s Reproductive Rights… Is Leaked. And… Hopefully, Hinderaker Gets Frothy About It, Again. Heh.

It must be said — this seems more a simply administrative gaffe, than a right-wing leak operation. But it may shake up the debate tomorrow night, if the Idaho opinion is not released tomorrow morning, instead of Friday (or later).

As is often true since 2022 — the summary opinion is a tiny bow to the rules of law long decided in the Fourteenth Amendment’s equal protection clause — but still leaves women in a bad position, post Dobbs.

Here is the full leaked opinion, but we will quote Justice Brown-Jackson, as she is the clarion call for most of what is wrong with the five who would treat adult women’s bodies effectively as the property of the State of Idaho (among others) / hard righters, here:

…Recognizing the clear conflict between EMTALA and Idaho law, a Federal District Judge issued an injunction that had the effect of ensuring that Idaho physicians would be able to provide the abortion care EMTALA requires. Five months ago, this Court stayed that injunction. As a legal matter, this Court’s stay meant that unless a doctor could actually say that the abortion was necessary to prevent a patient’s death, that doctor could no longer provide abortion care that she viewed as reasonably necessary to keep a patient from losing her uterus, going into organ failure, or avoiding any number of other serious health risks. Compare §18-622(a)i) with 42 U.S. C. §1395dd(e)(1)(A). As a practical matter, this Court’s intervention meant that Idaho physicians were forced to step back and watch as their patients suffered, or arrange for their patients to be airlifted out of Idaho.

This months-long catastrophe was completely unnecessary. More to the point, it directly violated federal law, which in our system of government is supreme. See Art. VI, cl. 2. As Justice Kagan explains, EMTALA plainly requires doctors to provide medically necessary stabilizing abortions in limited situations. See ante, at 4-6 (concurring opinion). To the extent that Idaho law conflicts with EMTALA, the State’s law must give way. I join in Justice Kagan’s statutory analysis, see ibid., and I concur in the Court’s per curiam decision to lift its stay, which should not have been entered in the first place. I dissent in part because, in my view, the Court is wrong to dismiss these cases as improvidently granted

So — as I say — hey, Hinderaker: buckle up: one way or another, your patriarchy going to die — and is dying day by day, in most of the USA.

[U: Clueless Hinderaker, Added.] No Standing. What An… Unsurprising Outcome.

Update: tonight Hinderaker proves he never followed constitutional law. It almost always involves… standing, as an issue. End, update.

We said it forever, here. And it is ultimately quite silly here, that US taxpayer dollars — into the millions — were spent to declare what we all well-know: a private social club (so long as it doesn’t exclude on the basis of race, gender, disability or LGBTQ+ status) is free to show anyone the great egress.

Obviously including serial liars about public health emergencies, and election outcome deniers — indeed. These parties, and the GOP governed states that sought to stand in their shoes… have no live claim or controversy to assert. And a 6-3 majority just said so:

…The plaintiffs, two States and five social-media users, sued dozens of Executive Branch officials and agencies, alleging that they pressured the platforms to suppress protected speech in violation of the First Amendment. The Fifth Circuit agreed, concluding that the officials’ communications rendered them responsible for the private platforms’ moderation decisions. It then affirmed a sweeping preliminary injunction.

The Fifth Circuit was wrong to do so. To establish standing, the plaintiffs must demonstrate a substantial risk that, in the near future, they will suffer an injury that is traceable to a Government defendant and redressable by the injunction they seek. Because no plaintiff has carried that burden, none has standing to seek a preliminary injunction….

And… color me shocked — utterly. . . shocked, that Alito bleats out an entirely loony dissent (one that only attracted the votes of Thomas and Gorsuch). And yep, that means the Chief (Roberts), Kavanaugh and Barrett signed on to the sensible opinion.

Hilarious.

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