Category: Uncategorized

Supremes Offer No Surprise — Private Doctor Groups Cannot Sue To Limit Other People’s Access To Long-FDA Approved Drugs (With A Better Safety Record Than Tylenol).

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We have predicted for years that these these Texas Tangerine USDC Judge Kacsmaryk, and Fifth Circuit panel, errors — plain as the nose on Alito’s face — would be corrected at the Supremes. Now they have been. A safe, long approved family planning drug will remain widely available, nationwide. Supposed “pro-life” crisis actors in Texas and Mizzou cannot change that.

[And I should point out that this is a very bad omen for Judicial Watch’s supposed suit against reparations. Those plaintiffs lack Article III standing, as well — on much the same grounds.]

The full 38 page unanimous opinion is here. And I am smiling. The wheels of justice do turn slowly, but they do grind fakes… to a very fine powder in the end:

…For a plaintiff to get in the federal courthouse door and obtain a judicial determination of what the governing law is, the plaintiff cannot be a mere bystander, but instead must have a “personal stake” in the dispute. TransUnion, 594 U. S., at 423.

The requirement that the plaintiff possess a personal stake helps ensure that courts decide litigants’ legal rights in specific cases, as Article III requires, and that courts do not opine on legal issues in response to citizens who might “roam the country in search of governmental wrongdoing.” Valley Forge, 454 U. S., at 487….

Rather, some issues may be left to the political and democratic processes: The Framers of the Constitution did not “set up something in the nature of an Athenian democracy or a New England town meeting to oversee the conduct of the National Government by means of lawsuits in federal courts.” Richardson, 418 U. S., at 179; see Texas, 599 U. S., at 685….

Indeed — do take heed, Mr. Fitton, and Palatine Village Trustee Svenson. Onward, grinning into the sunshine. Be excellent to one another.

नमस्ते

Tonight, Hinderaker’s “If Disunion Comes…”?!? What A Putz!

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Okay.

Hinderaker: man to man – butch up, and leave, already.

I’m sick of your impotent whining.

And if you think the chuckleheads of Texas can replicate the NYSE (on any relevant dimension — not just bringing automatic pistols to the floor) — be my guest.

Start betting your partnership pension with those crooks.

Again — man up, or shut up.

This comes from a guy pushing for “disunion”, when Mr. Biden beats Tangerine in a landslide. Just leave, now man.

Good luck getting any exotic luxury goods, once you live in a sub-nation of Texas, Florida, Mississippi and Alabama.

We know that’s all that matters to you.

Out.

Holmes/Theranos Tangent: I Am Suffering Through Oral Argument — So You Don’t Have To. Grin.

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There is really no dispute that an overwhelmingly massive amount of documentary evidence, much of it from Holmes’ own mouth and keyboard and phone… supports the verdicts.

The panel is being very patient with her lawyer… hearing her out, but firmly pointing out that the appeal will be largely decided on a “clear error” standard.

There are no clear errors here.

End of story. Now the government is hammering that point home. Appeals don’t generally go back and re-evaluate a jury’s factual findings.

Listen and watch for yourself (if you can stand it — they are on to Balwani, her co-defendant now):

Condor observes: Holmes will stay in custody at FCI Camp Bryan, in dusty West Texas — until her sentence is served in full. Out.

नमस्ते

I Respect The Jury Verdict In Hunter’s Case. Let Him Face His Sentence, I Say.

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Now… for the love of Pete, please please please will these hard right loons shut the hell up, about the jury’s verdict of 34 separate felonies… GUILTY?

Let Scott and Paul and John and Lloyd and Bill and Steve… close their idiotic yaps — come July 11, when Tangerine likely hears he will do some (at least… some!) jail time, for his 34 felonies.

See how that works, boys?

We don’t whine — it’s you morons who are the snowflakes.

Out.

Hilarious! Jason Les Just Got Beat — At A Game Of… “Mexican Sweat”: Bitfarms Adopts A Canadian Style Pill…

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Okay. This is my power alley, folks: takeover law and tactics.

Unlike a standard US pill, one that requires the full board approve any bid by a “non-desired” major holder (and thus may be attacked in the courts, if adopted during a hostile’s street sweep — as entrenchment), the standard Canadian pills are… more elegant, by far.

They are of a kind that may properly be adopted in the middle of a takeover fight, like this one. Why?

Because they simply say “street sweeps beyond 15% are per se coercive“, and thus… unlawful. [This pill gives current management breathing room to work on better deals, in secret — with more credible partners. Full pill document here, now at the SEC’s EDGAR window — at close of business, Monday.]

Specifically, Bitfarms’ pill now cannot be undone for six months (and then only if more than 50% of the shareholders vote it down), and ends all street sweeps, by requiring a formal Canadian tender offer, open to all — and kept open for at least 105 days, and the tender bidder must agree to buy at least 50%-plus-one share, at the price Riot would offer, in this case. Here’s that bit:

…Under the Rights Plan, a “Permitted Bid” is a take-over bid made in compliance with the Canadian take-over bid regime. Specifically, a Permitted Bid is a take-over bid that is made to all shareholders, that is open for 105 days (or such shorter period as is permitted under the Canadian take-over bid regime) and that contains certain conditions, including that no common shares will be taken up and paid for unless more than 50% of the common shares that are held by independent shareholders are tendered to the take-over bid….

And, Confidential Note to Jason Les — $2.30 won’t cut it — probably nothing shy of $5 will.

So — as I’ve said, Riot dumped perhaps $120 million into a dead money hole, to get 12% — and now must offer perhaps at least another $710 million, or $5/share, to win the other 38% it must get it hands on, in order to have complied with Bitfarms’ Canadian-style pill.

It cannot just bully small moms and pops (not above 15% of outstandings) in any more coercively cheap, fear-based “street sweeps”.

Riot can ask for a meeting to elect a slate of directors, but this gives the current board a minimum of six months, to work out its own white knight, or white squire, and / or come up with its own restructuring proposals — and offer those to all shareholders.

In sum, Messrs. Yi and Les… have been out smarted in a game of what used to be called (politically incorrectly)… “Mexican Sweat”.

Hilarious.

The Masthead Again Celebrates… Hinderaker’s Senility

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This is rich.

Hinderaker feels, even though (as he admits) none on our side of the aisle have committed any crime, they should be brought up on charges, should Tangerine win.

He says this, having acknowledged repeatedly in the past that at least 30 or so of the felony indictment counts are backed by pretty much iron clad documentary evidence against… Tangerine.

This is… at best… senile thinking.

At worst — it is… savagery.

Perhaps it simply reveals… his true nature, indeed.

In any event, Hinderaker has long known a man with multiple felony convictions, perhaps campaigning wearing a monitor, or while on house arrest… cannot win the general.

Out.

Last Week’s Replayed ESA Video Feed, On EarthCARE Orbital Deployment…

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We mentioned this potential launch in the last week of May, from Edwards AFB, in California.

It went off without a hitch, and so here is a replay of that success. EarthCARE, the most complex of all of ESA’s Earth Explorer missions, will quantify and reduce the uncertainty about the role that clouds and aerosols play in heating and cooling Earth’s atmosphere — contributing to our better understanding of climate change. Here’s a bit from the launch video, it should start at about a minute before liftoff:

…EarthCARE is a groundbreaking satellite mission designed to unravel the mysteries of Earth’s clouds and aerosols. EarthCARE will shed light on the role that clouds and aerosols play in heating and cooling Earth’s atmosphere – contributing to our better understanding of climate change. During our live coverage, we’ll hear from mission scientists and spacecraft operators, then follow the launch on a SpaceX Falcon 9 from California, expected at 00:20 CEST on My 28, 2024. Live from ESA’s spacecraft operations centre in Germany, we take you into the main control room around 01:12 CEST for the satellite’s acquisition of signal – EarthCARE’s first sign of life from space….

Now you know! Onward, as ever… grinning.

नमस्ते

Yes, Scott — That Man Is A Hero. He Did Exceedingly Brave Things; He Died Doing Them. He Saved… Four Hostages. Kudos.

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I cannot shake the notion that Bibi was offered the ability to trade about 25 additional Israeli hostages (out of about 100 we have evidence are still alive), in return for 100 of the “prisoners” Hamas wants back. [We already got about 100 back in the early days.]

I won’t second guess whatever went into rejecting that offer, but I will say that if it is accurate that something like 200 Palestinians were killed, in the raid — even if only half of those were not Hamas operatives (i.e., ~100 dead innocent Gazan women and children — many likely being used as shields, or hostages of a kind, themselves — to Hamas)…

That was a bad… deal. four alive — for ~100 innocents dead.

The man? He is dead — and likely didn’t need to die, had Bibi not delayed, to shore up his domestic political base. To keep his government coalition, inside Israel.

But as I say (just as Scott and Bill Otis and Paul Mirengoff complain that the MSM in the US doesn’t tell the whole story)… while I do think Scott should mention that he is no less than a hero, it might be sensible to openly accept that his Israeli leadership… should voice an apology, for its part in ending his life.

Out.

In The “Headlines That Exaggerate” Dept.: AZ’s Data At ASCO Was Encouraging, But Won’t Supplant Any First Line Immuno-Oncology Standard Of Care…

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I won’t quote the silly headline, but as you might guess — from SeekingAlpha, it is click-bait. [I read it, so you won’t have to. Hah!] The article — at the end — does do a fair job of summarizing the Summit data we mentioned last week, though. So there is that.

Yep — the breathless headline implied that Astra is about to eclipse Merck — in oncology. Not even close. Its main win was in end stage lung cancer, and given that lung cancer is far more often diagnosed in its early stages here in the US and EU and UK, Keytruda will remain the therapy of choice. For the small portion of patients who remain undiagnosed until near the end of their lives, AZ’s candidate looks quite promising (albeit in an ever-shrinking patient base — and one that won’t live very long, in any event). Here’s the rest, from the rather ham-handed SeekingAlpha outlet:

…Presenting data from its Phase 3 LAURA trial on Sunday, Astra (AZN) said its tyrosine kinase inhibitor Tagrisso, as a late-line option, cut the risk of disease progression or death by 84% in certain patients with lung cancer.

In another Phase 3 trial called ADRIATIC, which was also selected for a plenary session, AZN’s PD-L1-targeting immunotherapy Imfinzi (durvalumab) as a single agent reached the dual primary endpoints in small cell lung cancer (SCLC)….

Now you know… onward — to a sunny morning, and later, a Zoom chat with my smartly far-flung in interests, globe trotting adult kiddos… grin.

नमस्ते