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What Of The Eighth Amendment, And A Request To Die Instantly, By Firing Squad?! Supremes’ Dissenters Make Powerful Fact-Based Argument, In Alabama.

~ condor ~ Leave a comment

Six black robes do not feel suffocation is a cruel punishment. Six black robes think “he had it comin‘….” [Yes, this is but another one — of a decades-long series — on a tangent I follow.]

That is beneath the bare minimum humanity, civility and dignity the Founders and Framers envisioned, now about two and a half centurries ago. [Yes, hanging was the normal method, back then — but in point of fact, the condemned’s neck almost always snapped immediately, ending any torture — i.e., in death — in under three seconds.] Full stop.

Here’s the cogent dissent, just filed — and published — this morning; and the most persuasive bit:

…JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and JUSTICE JACKSON join, dissenting from the denial of application for stay and denial of certiorari.

Take out your phone, go to the clock app, and find the stopwatch. Click start. Now watch the seconds as they climb. Three seconds come and go in a blink. At the thirty-second mark, your mind starts to wander. One minute passes, and you begin to think that this is taking a long time. Two… three…. The clock ticks on. Then, finally, you make it to four minutes. Hit stop. Now imagine for that entire time, you are suffocating. You want to breathe; you have to breathe. But you are strapped to a gurney with a mask on your face pumping your lungs with nitrogen gas. Your mind knows that the gas will kill you. But your body keeps telling you to breathe.

That is what awaits Anthony Boyd tonight.

For two to four minutes, Boyd will remain conscious while the State of Alabama kills him in this way. When the gas starts flowing, he will immediately convulse. He will gasp for air. And he will thrash violently against the restraints holding him in place as he experiences this intense psychological torment until he finally loses consciousness. Just short of twenty minutes later, Boyd will be declared dead. Boyd asks for the barest form of mercy: to die by firing squad, which would kill him in seconds, rather than by a torturous suffocation lasting up to four minutes. The Constitution would grant him that grace. My colleagues do not. This Court thus turns its back on Boyd and on the Eighth Amendment’s guarantee against cruel and unusual punishment.

Because the Court should have instead granted a stay of execution and Boyd’s petition for certiorari, I respectfully dissent….

Damn. Out. What on Earth would it take — for the six black robes… to find something… cruel, one wonders? Onward, resolutely just the same.

नमस्ते

Canada Tells Truth; Trolls Trump: Ronnie Reagan Hated Tariffs. Out.

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Erh… when truth happens in Ontario… it doesn’t always stay in Ontario.

Apparently, in response to Canada telling the truth about Ronald Reagan’s feelings on tariffs — and the lunacy that is “tariff-max” — under Trump… he’s cut off all trade negotiations with Canada. Charming — per the NYT:

…The ad that Mr. Trump mentioned in his post was taken out by the government of Ontario, Canada’s most populous province and a key nexus of economic cooperation with the United States.

The ad, which according to the government of Ontario cost 75 million Canadian dollars ($53.5 million), uses audio from 1987 from President Ronald Reagan denouncing tariffs as destructive for the economy. The ad was to begin airing in the United States this week on Newsmax and Bloomberg, the Ontario government said, and then on several other U.S. channels over the course of the following two weeks.

[Ad appears below, from YouTube.]

“When someone says, ‘Let’s impose tariffs on foreign imports,’ it looks like they’re doing the patriotic thing by protecting American products,” Mr. Reagan’s voice narrates over a video of generic images of economic activity. But, the audio warns, tariffs cause damage. “Markets shrink and collapse, industries shut down and millions of people lose their jobs….”

Flawless! What a dunce Trump ever is.

Trump claims Canada cannot use public radio address audio of Reagan — (from a broadcast 1987 radio speech, as President entitled “Address to the Nation on Free and Fair Trade“), i.e., from his duties at the White House — without permission. That is transparently stupid.

Mr. Reagan was speaking to the nation in a very public radio address (one we paid for).

We the taxpayers own that — Trump does not. This is quintessentially public policy broadcast communication (paid for via our tax dollars’ salary to Reagan). It is also quintessentially public communication about a matter of significant public concern, in this present moment.

Trump’s only remedy here is to run his own ad, at his own expense and separately suggest that he thinks this is a misleading use of Mr. Reagan sentiments.

But anyone with a working forebrain can hear that in context Mr. Reagan thinks tariffs are a bad idea.

Once again, Trump is trying to suppress free expression — solely because it expresses a truth he doesn’t like. Buckle up, buttercup.

Out.

नमस्ते

The Able USDC Judge Ellis Hears Evidence That ICE / BP / Bovino / Noem Is STILL Violating The “No Tear Gas” TRO… Damn.

~ condor ~ 1 Comment

This is… simply deplorable.

USDC Judge Sara L. Ellis’s order in Chicago federal court was was crystal clear: no tear gas. But this very morning, while hiding behind a front line of other masked ICE agents, BP Commander Bovino threw a tear gas cannister (see at right) over the front line — at peaceful Little Village protestors. A clever videographer had slipped to the side and caught it all! Now there will be… hell, to pay — yep! See this, and a bit:

…MINUTE entry before the Honorable Sara L. Ellis:

The Court modifies the order on expedited discovery [85] as follows: the Court expands the time for the depositions of Gregory Bovino to 5 hours, Daniel Parra to 3 hours, and Russell Hott to 3 hours.

The Court orders the parties to include the use of force incidents by CBP in the neighborhood of Little Village on 10/22/2025 and 10/23/2025 when the Court will address Plaintiffs’ motion to enforce the TRO [57] on 11/5/2025 during the preliminary injunction hearing.

The Court reminds Defendants of their obligation to preserve all body-worn camera footage of any use of force incident resulting from Operation Midway Blitz from 9/2/2025 through the resolution of this case….

Sadly — these goons seem to think they are above the law — wonder where they got that notion? [Cough — Trump?!?]

नमस्ते

UPDATE: Here Is The Final USDC Order Preventing Use Of The National Guard — Anywhere In Illinois, Based On Tangerine 2.0’s False Threats.

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Obviously, should a natural disaster occur, and Gov. Pritzker ask for the Guard to help with meals or clean up — that would not be verboten.

What is verboten, is any using them for immigration law enforcement of any kind:

…Defendants proposed and consented to this extension in part due to their interest in allocating their legal resources most effectively given pending litigation in other venues. The Court also concludes that there is good cause to extend the TRO, consistent with the factual findings and legal reasoning set forth in its Opinion and Order of October 10, 2025. Doc. 70. Accordingly, upon consent of the parties and with good cause shown, the Court ORDERS as follows:

Defendants [Noem / Tangerine 2.0], their officers, agents, assigns entered, and all persons acting in concert with them, continue to be temporarily enjoined from ordering the federalization and deployment of the National Guard of the United States within Illinois until a final judgment on the merits is reached in this case….

Now you know — onward, grinning. Popping over to the 17th floor of the Dirksen federal building was well worth it, yesterday.

Though to be fair, there were probably ~45 media (MSM) types with me in the well at 3 PM.

Smile — this is a case with profound national implications — especially for the ~nine million souls living in and around the Chicago metro area.

[As an aside — it is… astonishing that Trump thinks disgraced “George Santos has a compelling, but rogue… life story.” But… perhaps not so astonishing: both of these miscreants were/are convicted of various financial felonies (in Trump’s case, over 30 of them!), by juries of their peers — after fair trials. Santos is now commuted (by Trump!); and Trump received no jail time in New York. Ugh.]

नमस्ते

Sure. Sure. Climate Change… Isn’t A… Thing. R-i-i-i-i-ight. Denialists: Explain The Icelandic Mosquitoes… Now Thriving.

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NPR has the story, tonight. And not that it surprises anyone well-versed in comparative-advantage-style / evolutionary / migratory insect biology… but:

This shift is almost certainly due to human factors (increased greenhouse gas emissions) — and, of course… ubiquitous international jet travel. Do read it all:

…This week, Iceland recorded the presence of the insects within its borders for the first time in the Nordic nation’s history….

The discovery of three Culiseta annulata mosquitoes was confirmed Monday by the Natural Science Institute of Iceland, which said the mosquitoes likely arrived by freight and appeared to be able to withstand Iceland’s climate….

The institute noted that the mosquitoes were one of a number of new insect species discovered in Iceland in recent years due to a warming climate, and the growth of international transportation….

Now you know. The people who cling to the flat Earth / no climate concern platitudes… really ought to have their collective heads examined. Onward, just the same.

नमस्ते

U: Live Blog! Before The Able USDC Judge Perry… In The Chi…

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We will capture it by cellphone… and we are underway!

➣ By agreement, the TRO against militarized national guard forces here — will remain in place until final judgment in this federal district court — or a final US Supreme Court ruling changing the posture.

➣ MINUTE entry before the Honorable April M. Perry:

Continued status hearing held 10/22/2025 at 3:00 p.m.

Defendants propose an extension of the TRO until a final decision on the merits is reached, without prejudice to Defendants’ continued pursuit of appellate relief and subject to any relief granted on appeal. Plaintiff accepts Defendants’ proposal. The Court will enter an order consistent with the agreement of the parties on 10/23/2025, because extending the TRO will allow Defendants to allocate their legal resources in the way they feel is most appropriate and give the parties time to conduct fact discovery and submit well-reasoned legal briefs and motions on the complex and weighty topics raised in this matter. Defendants to answer or otherwise plead to the complaint consistent with the timeframes set forth in the Federal Rules of Civil Procedure. The parties are asked to meet and confer about a discovery schedule and file a joint status report regarding discovery by 11/4/2025.

The parties agree that should the Supreme Court issue any ruling in this case, they will submit a joint status report within 24 hours….

We are adjourned.

This all started at 9 AM CDT, sharp — but it seems that the Noemites haven’t made themselves available to the State of Illinois and City of Chicago counsels to discuss these matters. That won’t do, for Judge Perry — under our local IL ND rules of procedure.

So now we are adjourned until 3 pm this afternoon — then live again — in the Dirksen Building, on the 17th Floor:

…MINUTE entry before the Honorable April M. Perry:

Status hearing held 10/22/2025 at 9:00 a.m. via telephone, to discuss next steps in this matter.

Status hearing to resume at 3:00 p.m. CST after the parties have consulted with their clients and conferred with each other….

Now you know. Onward, resolutely — and look for a live blog, if I do get over there — at 3 PM, local.

नमस्ते

U: Live Blog! The Able USDC Judge Perry Has Continued The Matter, To 3 PM CDT — Now I May Be Able To Walk Over, And Pop In On It, Live.

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We will capture it by cellphone… and we are underway!

➣ By agreement, the TRO against militarized national guard forces here — will remain in place until final judgment in this federal district court — or a final US Supreme Court ruling changing the posture.

➣ MINUTE entry before the Honorable April M. Perry:

Continued status hearing held 10/22/2025 at 3:00 p.m.

Defendants propose an extension of the TRO until a final decision on the merits is reached, without prejudice to Defendants’ continued pursuit of appellate relief and subject to any relief granted on appeal. Plaintiff accepts Defendants’ proposal. The Court will enter an order consistent with the agreement of the parties on 10/23/2025, because extending the TRO will allow Defendants to allocate their legal resources in the way they feel is most appropriate and give the parties time to conduct fact discovery and submit well-reasoned legal briefs and motions on the complex and weighty topics raised in this matter. Defendants to answer or otherwise plead to the complaint consistent with the timeframes set forth in the Federal Rules of Civil Procedure. The parties are asked to meet and confer about a discovery schedule and file a joint status report regarding discovery by 11/4/2025.

The parties agree that should the Supreme Court issue any ruling in this case, they will submit a joint status report within 24 hours….

We are adjourned.

This all started at 9 AM CDT, sharp — but it seems that the Noemites haven’t made themselves available to the State of Illinois and City of Chicago counsels to discuss these matters. That won’t do, for Judge Perry — under our local IL ND rules of procedure.

So now we are adjourned until 3 pm this afternoon — then live again — in the Dirksen Building, on the 17th Floor:

…MINUTE entry before the Honorable April M. Perry:

Status hearing held 10/22/2025 at 9:00 a.m. via telephone, to discuss next steps in this matter.

Status hearing to resume at 3:00 p.m. CST after the parties have consulted with their clients and conferred with each other….

Now you know. Onward, resolutely — and look for a live blog, if I do get over there — at 3 PM, local.

नमस्ते

Tangent Alert: How They Did This — In Under Four Minutes — Is Fascinating, To Me… Tragic, For The Art History Of The Planet — But… Fascinating, Nonetheless.

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Honestly, it reminds me. . . as Banksy (repeatedly) taught us all… that some people know the price of everything — but the value… of nothing. [Almost certainly, the jewels have been sold off, and are being re-cut, into smaller, more moveable individuals. In that regard — we are unlikely to ever see the original French exhibit restored — except as a series of glass and crystal replicas.]

And that is profoundly sad, for the world of art — and Sixteenth Century French History. But the planning is beyond amazing (it clearly must have been, in part, an inside job — of sorts). Here’s just a smidge:

…The world’s most famous and most-visited museum started as a medieval military fortress, then became a palace. It took a revolution to turn it into a museum. Royals and rulers renovated it more than 20 times, satisfying their vanity but leaving behind an incoherent structure that sits on 25 different levels and stretches for half a mile. It exhibits over 30,000 of its 500,000 artworks in more than 400 rooms.

And it is this convoluted history and identity that make the Louvre a structure that is so difficult to monitor, oversee and protect.

“The Louvre is a palace that doesn’t have the logic of a museum,” said Gérard Araud, the president of the Society of Friends of the Louvre. “It is a universe unto itself….”

The brazen and seemingly effortless robbery Sunday morning of eight pieces from the collection of crown jewels at the museum has wounded its leadership and put a spotlight on the Louvre’s security protocols, which have been tested over the years by break-ins and thefts….

[I am eternally grateful, to have had the good fortune of being able to show my own kids… all of these original permanent exhibits, intact — on multiple times / and on multiple trips — while they were still in middle-, and high- school.]

And to be certain, the security guards have long rightfully complained about low wages, poor working security conditions and over-crowding with thoughtless tourist phalanxes. This is NOT in any manner, their fault (unless one or more were in — on the heist crew itself). The building itself is… largely unprotectible, from any sensible perspective. Onward, just the same.

नमस्ते

The Able USDC Judge Perry Has Continued The Matter, To 3 PM CDT — Now I May Be Able To Walk Over, And Pop In On It, Live.

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This all started at 9 AM CDT, sharp — but it seems that the Noemites haven’t made themselves available to the State of Illinois and City of Chicago counsels to discuss these matters. That won’t do, for Judge Perry — under our local IL ND rules of procedure.

So now we are adjourned until 3 pm this afternoon — then live again — in the Dirksen Building, on the 17th Floor:

…MINUTE entry before the Honorable April M. Perry:

Status hearing held 10/22/2025 at 9:00 a.m. via telephone, to discuss next steps in this matter.

Status hearing to resume at 3:00 p.m. CST after the parties have consulted with their clients and conferred with each other….

Now you know. Onward, resolutely — and look for a live blog, if I do get over there — at 3 PM, local.

नमस्ते

Power Alley: An Insurance Policy — Against Tangerine 2.0 Tariff Threats, As To Pharma… ~$3 Billion In “New” Merck Cap Ex, In VA…

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In truth, about $2 billion of this long-planned build out had been spent, and new buildings opened… all while Mr. Biden was in the White House. [Proof of that, here, and here.]

But with Tangerine 2.0 wildly (and chaotically) threatening new taxes and tariffs on imported pharma goods (and knowing that Merck has manufacturing operations in the EU, and Ireland), Mr. Davis wisely chose to make a PR dog and pony show of the last half of his build out plans, at Elkton, Virginia.

The only relatively consistent thing Trump has been saying all along, about avoiding newly imported pharma tariffs. . . is that if a given multinational company builds new facilities in the US, there will be “an exemption” from his tariffs. I’m not sure I’d believe he will ever do any of it, but Merck needed the extra capacity — in any event.

So there is no harm in making a PR splash about the “$3 billion” ground-breaking in Virginia. Here’s the latest, on it all:

…Pharmaceutical company Merck will make a $3 billion investment into building a manufacturing facility that’ll bring jobs to Rockingham County, according to Governor Glenn Youngkin.

“Merck’s transformational $3 billion commitment to locate its Center of Excellence marks a giant leap forward for both America’s and Virginia’s life sciences sector,” said Governor Youngkin.

“It deepens the company’s long-standing commitment to innovation and strengthens the Commonwealth’s position as the emerging national leader in biopharmaceutical advanced manufacturing and life sciences. With hundreds of new jobs and cutting-edge capabilities coming to the Shenandoah Valley, we’re building a future where Virginians lead the way in developing lifesaving medicines for patients around the world….”

Now you know — but it is (to me) fundamentally sad, that US political IQs have reached such a nadir, that Mr. Davis can safely match Trump’s silly bleatings, with a “rope-a-dope” routine — of his very own (and nearly no one notices). What a completely dumb… show. Normally, adding cap ex in large chunks tends dampens NYSE stock prices (on the involved company), but here it will be seen (at least by the “low-information crowd”) as an “insurance policy” against new tariffs on Merck’s life-saving (but presently non-US made) medical treatments. Yikes.

Personally, I am a firm believer in true “comparative advantage” economics. Merck ought to build wherever it can find reasonable access to water and power, and a skilled workforce — at sensible labor rates. [Think… Ireland.] And then use that comparative advantage in manufacturing “savings” — to limit price increases, in the US.

But pretty much the opposite is what Trump pushes: use high-priced, nearly-uneconomic labor in the US — and pay extra for power and water… all so that Merck can effectively pay out higher taxes, to Trump on its pharma sales. What will actually happen then, is… that US drug prices will continue to rise, unabated, as ever. And TrumpRx is a silly… joke. It will amount to… nothing.

Damn. Out.

नमस्ते