An Amazon USDC Injunction Opinion We Didn’t Cover Last Fall… Re JFK8 Unionization Efforts, And Amazon’s Retaliation.

I won’t belabor this, as we were simply out of bandwidth to cover Amazon fully last year, but the federal courts are growing… stuffed, with evidence of Amazon’s bad faith, in violating the National Labor Relations Act (and rules set forth thereunder).

Here is that decision — and a bit:

…[T]he Court concludes that the record amply supports the conclusion that there is reasonable cause to believe that Bryson was terminated in violation of Section 8(a)(1). Indeed, when viewed in light of the required deference, the record evidence before the Court amply supports Petitioner’s position that Bryson was engaged in protected activity, that Bryson’s protected conduct was a motivating factor in his discharge, and that Respondent’s stated reason for discharging Bryson was pretextual….

Moreover, the ALJ’s findings and conclusion that Respondent violated Section 8(a)(1) confirm that a finding of reasonable cause is warranted. In analyzing whether Respondent violated Section 8(a)(1) by discharging Bryson because of his protected concerted activity….

Now you know. Smiling… and widely so… at nearly eleven pm, local — in the evening.

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Powerline Is Thrilled That The “New GOP” Champions… Felonies, And Felons.

Charming.

Steve echoes Hinderaker’s prior sentiments tonight. He quotes a man who told him in 2016 that Tangerine would rid the US of supposed “reverse discrimination” characters like Mr. Obama.

Yep.

Just as crazy as it sounds: these malign, bitter, mediocre and decrepit whyte guys… somehow think Tangerine has (or worse, will) “save” them — from a world where… committing multiple felonies is STILL…

frowned upon.

Damn.

Gene Therapies To Effectively End Sickle-Cell Are Nearly Here — But Who Will Get Them, And How Will Our Health System Pay For Them? Questions Abound.

To be sure, this is a watershed moment, after centuries of early-deaths, and more recently, life-long disability — largely inside the communities of Black African origin, in the US, UK, Europe and elsewhere… in addition to Africa itself. This is truly remarkable news. We could see sickle-cell relegated to the dust bin of history the way polio was, for over two thirds of a century. [But that’s a separate story, of emerging anti-vaccine non-scientific thought, in the US and EU, for another day.]

The real problem though, lies — as with all genetic therapies — in the daunting cost to be “cured”: best estimates put the cost of cure, including a year or more out of commission… at over a million dollars per patient. In the US, that still makes sense, because the costs of a life-time dealing with the effects of (uncured) sickle-cell, greatly exceed the therapy’s likely costs.

But in the developing world, there is not likely to be any way to incent any provider to deliver it, unlike the very cheap COVID-19 vaccines, by comparison. So it is likely that sickle-cell will continue to be scourge, outside North America and Western Europe. Here is a very thoughtful “Science Tuesday” story on it all, in The New York Times, this morning — and a bit:

…“This is what science has been working toward for 50 or 60 years,” said Dr. Lewis Hsu, chief medical officer at the Sickle Cell Disease Association of America and director of the pediatric sickle cell program at the University of Illinois at Chicago.

Sickle cell leads to a steady drip of costs over a lifetime, affecting caregivers as well as patients and often limiting the incomes of both because of time lost from work or an inability to work.

One report examined what private insurance companies paid and found that the lifetime costs of sickle cell were $1.7 million, including $44,000 that patients paid out of pocket….

Treatment starts with intense chemotherapy in a hospital to wipe the bone marrow clean, leaving space for genetically modified red blood cells that result from the treatment. Patients then spend about a month in the hospital waiting for the modified cells to grow. After they are discharged, the patients are immunocompromised for about six months while their immune systems recover.

Insurers are likely to pay for the part of the treatment that involves using a disabled virus to deliver the therapy. But whether they will pay for most of the chemo, hospitalization and other costs is uncertain.

Patients worry about bills from hospitals and doctors. Even if it is mostly covered, co-payments can be an issue.

Will wealthier people get the treatment while others look on longingly, patients ask?. . . .

The achievement of miracle cures — and, at “miracle prices“… will increasingly dominate drug delivery debates in the decades to come. Of that, we may all be certain. Onward, but smiling, just the same — at the progress we (as a species) have made.

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Of False Dichotomies: Hinderaker, Again — On Reparations Falsehoods.

Hinderaker should learn to accept that two things can be true at once: the Irish were excluded from many trades 150 years ago; and still many thrived. That they thrived… doesn’t negate the wrongful conduct — of exclusion — by his ancestors.

As I’ve said before, reparations — real reparations — not John’s imagined version… is working in my own adopted town.

Hinderaker refuses to see that all sorts of people have since thrived, even in and after adversity.

He refuses, because he doesn’t want to pay for the benefits his family reaped from forced labor — and exclusionary practices.

Both can be true, Johnnie. [My community is — as I’ve said — is thriving in this inclusive spirit, here!]

And you John, are just… a bitter old codger.

Out.

Since Steve Hayward Cannot Seem To Sell His History Books, He Claims A “Decline” — In Thought. Hah!

This evening, Steve Hayward would have us believe that history, as an academic discipline, is in decline.

Why?

Because he, and other hard right ideologues like him… can no longer easily find major publishers’ contracts to print (hardbound) and sell… their hard right form of claptrap.

It takes a special set of ego-infused reality distortion bubbles to be… Steve.

Or anyone like him — the boys of Powerline.

He cannot accept that no one cares what he twists old dead whyte guys’ words… into.

Go figure.

Govs. Abbott, And DeSantis — Both Committed FELONIES — But Hinderaker Doesn’t Care…

Hinderaker apparently feels that the governors of two states, in wilfully forcing people under federal charges, to miss their local Texas and Florida hearing dates, by kidnapping them, and taking them thousands of miles from the hearing cities, and leaving them on curbsides, penniless, at Christmas Eve, in below zero weather… at the Veep’s home near the White House…

…was simply exposing the hypocrisy of sanctuary cities.

No, Johnnie, it is itself a felony under color of local law — by each state’s highest ranking law enforcement officer. Section 1983 damages lie.

And… Chicago and NYC and DC and Nashville… continue to accept busloads, despite his lies.

Gee — dig the new GOP! Wildly applauding felonious officials, like Abbott, DeSantis and now George Santos. [According to the Wa Po’s latest reporting, Santos’ money comes from Ponzi schemers connected to Russian oligarchs — now sanctioned by the world’s governments (except Russia!) due to Ukraine atrocities.]

Charming.

Andrew Torba, The Proprietor Of Gab.com…

The malignant Mr. Andrew Torba wrote over the weekend that no “white European” nation can survive a scenario where black and brown immigrants (lawfully) become more than 30 per cent of the population.

Ahem. He points to the current US, where whytes are soon to be outnumbered by black and brown people.

He neglects to mention that, in the antebellum South, white land-owners were outnumbered by a ratio of over three to one, by black and brown people held in bondage — for about a century.

[Note that this absolutely refutes all of his “thesis” — such as it is.]

The man cannot even understand his own local history, let alone world history — or Western European learnings here.

We will leave him to his 40,000 or so viewers, site wide — as evidence of a failed ideological thesis. His supposed “alternate Christian nation” residing within the existing US freedom framework, but denying people of color their rights here… is a dead letter.

He’s just the reborn Aryan Nations, in a dopey frog suit.

Cheers, Andrew.

Some Hinderaker Lunacy — On Bugs; And Race… Sad Old Man, He…

So… Hinderaker tonight thinks that… “leftists” are going to force him to eat… bugs. Sheesh.

Okay. John — you have more than enough cash to buy all the rib-eyes you could ever want, in perpetuity. Even for your great grandkids, as yet unborn.

So, no — in the United States, no one will make you “eat bugs”. There will likely be tax incentives for people who don’t over-consume high footprint protein sources like high-end steaks, lamb and pork.

But elsewhere on the planet, insects (and tofu) will be (in fact, already ARE) very stable economical and more sustainable sources of protein — in human diets.

John has let his frothy far right nut-job ideas run wild, again.

So we may also ignore his second installment, ranting about largely non-existent “unfairness to whyte peoples”, in the existing college admission protocols.

That is not racism. Racism is… being tased to death at a traffic stop, after asking for help. Do try to keep up here, Johnnie.

Out.

So EmptyWheel Today Shows Us How Cheney Screwed Tangerine, And Aided Biden — In The “Secret Documents” Cases…

It centrally involves Trump’s lawyer, Evan Corcoran — and it is a rather convoluted federal statutory construction tale, to be sure.

But Dick Cheney sought, post 2003 (and Valerie Plame’s outing), to make it harder for the executive offices to get into dutch for going after political opponents with what might be classified government information. But in the process, he made the penalties worse, for executives who willingly refuse to return classified materials, while more widely freeing up their use, if properly declassified, even by the same executive.

Do go read all of EW, as it is a rollicking good tale — but here’s the punchline (Dark Brandon wins this round!):

…But there’s good reason to believe that Corcoran’s arguments about Trump — for the little they’re worth — would apply equally to Biden as to Trump, thanks, in part, to Dick Cheney.

How about them apples, huh?….

And so — thanks, Mr. Cheney — you could not have known, two decades ago that you’d be helping Joe Biden — and jamming Trump… but I suspect you are not unhappy about Trump… being jammed.

Sweet!

As Expected, The Federal Class Action, Against Trump’s — And Melania’s — Egregious NDAs Imposed On Employees While Working At The White House… Is Settled.

Just as we last indicated on December 10, 2022 (and repeatedly so, over the prior two and a half years!), Tangerine was completely out of line, legally — in asking people working for him at 1600 Penn to sign non-disclosure agreements, and then shockingly atrocious, when he and Melania used the US AG (Bill Barr) to bring suit against potential violators of the so-called NDAs… in writing truthful memoirs, or whistle-blowing activities. That was taxpayer money, and he and she were supposed to be OUR servants, not the other way around.

But it is all corrected now, though it took and injunction and federal class action litigation in Manhattan to get there. Here is the letter; and here is the full settlement order packet — and a bit of that latter document.

…Ms. Denson, individually and on behalf of a class of similarly situated persons, alleged in her First Amended Class Action Complaint, dated April 5, 2022 (the “Complaint”), that Ms. Denson and the Campaign entered into a contract (the “Employment Agreement”) dated on or about August 18, 2016, and that certain provisions in the Employment Agreement — referred to herein as the “non-disclosure” and “non-disparagement” provisions — violate New York contract law, the New York Constitution, and the First Amendment to the United States Constitution….

[O]n March 30, 2021, the Court in the Litigation declared the non-disclosure and non-disparagement provisions contained in the Employment Agreement invalid and unenforceable….

Within 21 days of the Court’s entering the Proposed Orders as orders (thereafter the “Orders”) and approving this settlement, the Campaign will pay to Class Counsel an aggregate total of $[redacted], constituting the reasonable and stipulated fees and expenses of Class Counsel, a reasonable incentive award of $[redacted] for the benefit of Class Representative, and any costs incurred by Ms. Denson or Class Counsel in connection with any effort to notify the Settlement Class of the Orders and this Settlement Agreement. Payment shall be wired to the account listed below….

It will likely be a month or three, before all class members are notified, and a final court-reviewed settlement plan goes out. But it is clearly the correct result, and it is… inevitable, now that the Trumps will be out a few million more dollars — for violating black letter US law, as to vulnerable employees. Grin.

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