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What On Earth Is He… Smoking?! Hinderaker Calls Joe Out — For Being “Mean-Spirited”?!

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Well… that’s hilarious.

Hinderaker — as poisonous as a rattler… (at least before he went mostly senile) thinks Mr. Biden is… mean.

And all the while, John’s guy says “grab her by the pussy”… and calls gentle older women “nasty skanks”.

His attacks on Congressmen’s wives were… jaw-slacking in their depravity. We (after 2019) can add “horseface” to the list of insults 45 has hurled at women publicly, which also includes “fat pigs,” “slobs,” and “dogs,” just to name a few.

But Joe Biden is… mean?

This is sheer desperation, after all the agist lies from GOP — before the live SOTU… failed to resonate. We all saw a seasoned, mature (true), balanced leader with our own eyes this evening.

Tangerine looks like a sideshow barker by comparison.

In short, the GOP now well-knows it is DOA — with Cheeto-lini 2.0.

Perfect!

Amazon Update, For March ’24: A Lil’ Late In Posting This, But After ~70 Years, And Over 1.2 Million Employees — Amazon Claims The NLRB Is… Unconstitutional.

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Unsurprisingly, Amazon has simply cribbed from a recent Elon Musk / SpaceX filing, to claim — in its JFK8 amended answer before the NLRB — that a federal agency, created by Congress to deal with rampant labor abuses nearly 90 years ago, and never once found to be an unconstitutional use of executive or legislative authority, in hundreds of thousands of cases… is unconstitutionally unfair to the behemoth’s rights to force individuals of extremely limited means to either bring suit all alone, or be relegated to one-sided arbitration clauses. [In short, Amazon would read the First Amendment’s “right to freely associate” out of the First Amendment. Who are these lawyers? That last link is background, from last year.]

This “I am the victim, here” claim by Amazon.,. is, of course… poppycock.

I debated about not quoting the specious nonsense from Amazon’s lawyers, but decided the world ought to see how the billionaires Bezos [and Musk!] abuse families making less than $40,000 a year in his warehouses and trucks. He claims (as a multi-billion corporation) that his rights are more important than those of actual “We the people” human citizens, thus:

…Some or all of the relief requested in the Second Amended Consolidated Complaint, including but not limited to paragraphs 51(c), 51(d), 51(e), and 51(f), would violate the First Amendment to the United States Constitution. . . . [Ed. note: But the people’s free association rights here are at least equal to Amazon’s.]

The Second Amended Consolidated Complaint should be dismissed because the General Counsel’s interpretation of the Act and requests to the National Labor Relations Board in this case implicate the Major Questions Doctrine and associated principles of non-delegation and therefore violate Article I of the United States Constitution. [Ed. note: But the Congress had long ago (in the 1930s) decided this supposed “major question”, by passing the National Labor Relations Act. Sheesh.]

The structure of the NLRB violates the separation of powers because its Administrative Law Judges are insulated from presidential oversight by at least two layers of “for case” removal protection, thus impeding the executive power provided for in Article II of the United States Constitution. [Ed. note: But all federal judges are never removable — at least as bad as Amazon’s purported whining.]

The structure of the NLRB violates the separation of powers because its Board Members, who are principal officers of the United States, are insulated from removal by the President except for inefficiency, neglect of duty, or malfeasance of office, thus impeding the executive power provided for in Article II of the United States Constitution [Ed. note: See immediately prior bracketed material]….

These guys’ hubris knows no bounds. [Yeesh. When is $250 billion (in net worth) ever going to be enough, for each of them? Do lay a new tax on this billionaires’ club tonight, Mr. Biden.]

We can only hope that, in time, justice will be visited on him (and Elon and Trader Joe’s), in favor of all the members of the ALU and all other union brothers and sisters, nationwide.

Onward.

नमस्ते

No Surprise. Scott Johnson Seeks… Genocide In Gaza.

~ condor ~ 3 Comments

Again this midday — he says “gag me with a spoon” to the President’s executive order, coming tonight — contemplating the UN and US establishment of a temporary port, right on the water in Gaza, to more effectively prevent children and women from… starving.

Or dying from thirst — and lack of essential medications.

Of course, Scott churlishly mislabels it as aid to Hamas. Feckless A-hole.

At least he isn’t shying away from admitting it now… he simply wants the Israelis to commit genocide.

Charming, ole’ Scottie.

Out.

Skewing Into The Whimsical, On A Thursday: “What Should The ‘New’ Logo(s) Be, Depending On Which Company Loses The Lanham Act Suit?”

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Our ever-erstwhile Anon. commenter has put in mind of this — once again.

We’ve repeatedly speculated on a whimsical name for the US entity, should it lose the Lanham Act suit — though as I’ve long said, I don’t think an outright loss of name is likely for the US-based entity.

But we’ve never deeply explored what might be the new name or logo, for the Darmstadt entity, should it turn up as the loser.

So — without any ado — see at right.

For the sake of a complete record, here below is our prior take, on the US rebrand (should it be forced to do so, by a court loss).


Onward, grinning.

नमस्ते

Merck v. Merck: Likely Multi-Billion Dollar Name Litigation — Grinding Slowly To A Trial Date, In The New Jersey Federal Courts.

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As we most recently mentioned just a week ago, it seems the settlement talks in this high stakes name fight have hit an impasse. So now this long running case (with satellite cases dotting the globe — in Japan, the EU, Britain and various South American geographies, to name just a few) is being served up, on a final trial prep calendar.

The trial proper, is not likely to begin much before early 2025 — and, of course — we may yet see settlement talks resume. Here’s the latest, though:

…TEXT ORDER:

The protocol for in limine motions is as follows: At the outset, each side will be allowed to file a maximum of three in limine motions. Each in limine motion will be filed as its own application, and not as part of a larger omnibus motion.

The maximum page limits are as follows: moving brief-15 double-spaced pages; opposition brief-15 double-spaced pages; reply brief-7 double-spaced pages. However, any in limine motion challenging Philip Green and/or Dr. Dominique Hanssens shall be limited to moving brief-30 double-spaced pages, opposition-30 double-spaced pages, reply-15 double-spaced pages.

The parties will not file the motions until they are fully briefed, at which time the entire set of motion papers shall be filed. Accordingly, the movant shall serve, but not file, all moving papers on the adversary by May 3, 2024. The opposing party will serve, but not file, the opposition papers by June 3, 2024. On or before June 24, 2024, the movant will file all papers in support, opposition, and in reply, for the motion with the Clerk of Court.

No further in limine motions may be filed without leave of the Court, which application shall not be made before the Court has resolved the motions authorized by this Order.

So Ordered by Magistrate Judge Michael A. Hammer on 3/6/2024….

I think the two experts — named, and linked — above, will testify on ongoing US and global marketplace effects, and whether confusion is evident in the minds of customers, suppliers, shareholders and providers; as well as whether intellectual property laws are being bent (or broken) here — and whether they (or the Lanham Act) fashion a workable remedy.

Now you know — and confidential to Hinderaker: yes, I think Mr. Biden will win populist “hearts & minds” tonight, by announcing an expanded push to use market incentives to reduce average selling prices of life-saving meds, as well as a new “billionaires’ taxes” scheme. So, buckle, up now — onward, into the Thursday morning sunshine… grin.

नमस्ते

Merck + Gilead: Still Only Prelim. Results, In An Open Label HIV+ Two Therapy Combo (Once A Week)… But Very Encouraging.

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As we mentioned exactly three years ago, here — these are early days, in an entirely new way of approaching HIV+ patients. The loading is only once per week, and it is all oral (thus higher compliance). A huge step forward, with these two heavy-weights, cooperating since March 2021.

And now, the companies are showing very impressive real world sustained reductions in viral loads. Here’s the latest, from Fierce (but not quite a material development yet, for gargantuan Merck):

…Early results show that a weekly combination of Merck & Co.’s islatravir and Gilead’s approved HIV med Sunlenca maintained a high rate of viral suppression in patients with HIV, and just one patient out of 100 missed on the primary endpoint that measured viral load.

The open-label phase 2 study is testing islatravir 2 mg and lenacapavir 300 mg once a week against Gilead’s oral Biktarvy daily in 104 virologically suppressed adults….

[The dosing combo] maintained a high rate of viral suppression with 94% of the group reporting less than 50 copies/ML. This shows that patients who switched to the weekly combo, compared to Biktarvy’s daily dosing schedule, maintained comparable rates of HIV suppression, the companies explained.

No patients in the Biktarvy arm of the study had viral loads of more than 50 copies/ML at week 24.

Now you know. From a certain death sentence — in the 1980s and early 1990s. . . to long hospital stays and injections, in the late ’90s and early 2000s… to now, a full and active — and long life, here over forty years later. Wow… that’s… some seriously excellent life-science progress. Smile….

नमस्ते

The Mystery Of GN-z11 — From Monday Night — An Early Universe Epoch Story.

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First — a bit of a primer on the graphic at right: In the top portion, at the far right, a small box identifies GN-z11 in a field of galaxies. The middle box shows a zoomed-in image of the galaxy. The box at the far left displays a map of the helium gas in the halo of GN-z11, including a clump that does not appear in the infrared colors shown in the middle panel. In the lower half of the graphic, a spectrum shows the distinct “fingerprint” of helium in the halo. The full spectrum shows no evidence of other elements and so suggests that the helium clump must be fairly pristine, made of hydrogen and helium gas left over from the big bang, without much contamination from heavier elements produced by stars. It is a complex topic, thus a complex graphic from the JWST team.

What it sets out is fairly simple, though: the first galaxies after the big bang have long been assumed to have been almost exclusively made of helium and hydrogen. Those, it was assumed, then collapsed, and re-ignited to form the complex multi-element galaxies like our modern Milky Way. But no observational proof existed for those Type II galaxies. Until now.

The new next gen space ‘scope has identified GN-z11, one of the oldest ever observed — and it is surrounded by an almost pure helium halo. That observation of infrared spectra is almost certainly from under 200 million years after the big bang. Here’s the full NASA / ESA story, and a bit of it:

…[Researchers have verified a pristine] gaseous clump of helium in the halo surrounding GN-z11 [one of the farthest, and thus oldest galaxies ever observed].

“The fact that we don’t see anything else beyond helium suggests that this clump must be fairly pristine,” said Maiolino. “This is something that was expected by theory and simulations in the vicinity of particularly massive galaxies from these epochs — that there should be pockets of pristine gas surviving in the halo, and these may collapse and form Population III star clusters.”

Finding the never-before-seen Population III stars — the first generation of stars formed almost entirely from hydrogen and helium — is one of the most important goals of modern astrophysics. These stars are anticipated to be very massive, very luminous, and very hot. Their expected signature is the presence of ionized helium and the absence of chemical elements heavier than helium.

The formation of the first stars and galaxies marks a fundamental shift in cosmic history, during which the universe evolved from a dark and relatively simple state into the highly structured and complex environment we see today….

Bit by bit, we are unraveling the darkly mysterious fabric of our earliest epochs, deep at the edge of the known universe. What a time to be… alive! Onward… with baby girls here later this afternoon — grin.

नमस्ते

Justice Alito Agrees: Texas Cannot Create Its Own CBP. Stayed Texas SB-4, Yesterday.

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The Supremes’ “Time Out, on Texas SB-4” expires on March 14, 2024. But by then, the Fifth Circuit will have begun expedited processes to hear argument. And until it publishes a decision, SB-4 will remain in limbo.

Chalk one more up — for sanity.

From the Fifth Circuit papers filed tonight, then:

…For 150 years, the Supreme Court has been clear that no state can create an immigration system of its own. S.B. 4 defies this principle. It authorizes state officials to criminally punish people for that state officials determine to be an unlawful entry into the United States and unilaterally order people removed to Mexico. And it does so irrespective of the federal government’s view or the non-citizen’s federal statutory rights to remain in this country….

In S.B. 4, Texas has established a new state immigration system that entirely bypasses Congress’s comprehensive statutes. Texas has regulated and criminalized entry into the United States; chosen for itself who will be permitted to remain in the country, what statuses will qualify as defenses to removal, and what procedures will apply; and claimed the power to deport noncitizens by ordering them to depart the United States on pain of severe additional punishment. But immigration is an exclusively federal power, and Congress has long occupied the field of entry and removal. Thus, as the district court held, S.B. 4 is field preempted….

DAMN.

Who is this feckless would-be dotard — named Abbott?

Onward, Grinning.

In Which Merck, And Mr. Becerra, Exchange Dueling Letters, Characterizing The AstraZeneca Loss — For The DC District Court…

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As we expected, each side has cited the case out of Delaware, and urged opposite results be reached, in the District of Columbia. HHS points up what I see as the better argument: that no one is forcing Merck to do anything here.

Merck, for its part, claims that the problem stems from HHS and CMS forcing it to “speak” — when it would rather… not.

That seems a lil’… too cute. It would actually RATHER just keep selling Januvia® to CMS and HHS and the VA at high prices. It is not required to speak, or sell, at any price — let alone the one the government asks most ardently for (as these ongoing negotiations make plain). It remains free to “not speak” — by not selling — if it feels the price is unfair.

But as we’ve long said, the company seems to only half-believe its own arguments here — and keeps participating. So — I’ll quote the government letter below:

…[T]he court reached the merits of the due process claim and determined that it “fails as a matter of law” because—among other things—“[n]either the IRA nor any other federal law requires AstraZeneca to sell its drugs to Medicare beneficiaries.” AstraZeneca, 2024 WL 895036, at 41. “On the contrary,” the court held, “participation in the Medicare program is a voluntary undertaking.” Id. at 41 (citing Livingston Care Ctr., Inc. v. United States, 934 F.2d 719, 720 (6th Cir. 1991); Dayton Area Chamber of Com. v. Becerra….

Notably, the court reached this conclusion over the plaintiffs’ objection that Medicare accounted for such a large part of the “potential market for prescription drugs” that they had “a powerful incentive” to participate. Id. at 43. Access to Medicare, the court observed, is not a “gun to the head” but rather “is a potential economic opportunity that [the plaintiffs are] free to accept or reject….”

Now you know. Onward, grinning into a warmer sunny afternoon here. Bike time!

नमस्ते