You See, In “Real Federal Courtrooms”… Real EVIDENCE Must Back Claims — For Injunctions.

Apparently not so, if you are white-grievances-affiliated party, filing in Texas, though.

Overnight, we read a 20 page long turgid mess of internally-inconsistent arguments… asserting that the potential “future only” (and thus wholly-imaginary) impact on ability to find workers who are vaccinated… warrants the equivalent of a preliminary injunction, today.

Preposterous.

And the Fifth Circuit should say so. Will it? Who knows?

But at the Supremes, should they not say so — it will be bounced summarily, by at least 6-3 margins.

Out, grinning — what a passel of idiots… [Here is the actual black letter law, on it — as we said yesterday].

As We Predicted, NASA Crewed Mission To Moon Pushed Past 2025…

It is (from my vantage point) not at all clear that a crew is needed, to do any real science on the moon. [Perhaps unfairly, my bias here is. . . that it was Tangerine who wanted a crew on Mars, but basic safety dictated returning a crew to the moon, first — as a stepping stone.]

With him gone, never to return, I honestly don’t see a huge need to put human boots onto the surface of Mars, either. Our robotics have become so reliable, and sophisticated. . . I am not sure why we would risk human lives for that exposure to space radiation, on the trip there and back. So — the item:

. . .NASA on Tuesday delayed its plans to return astronauts to the surface of the moon, announcing the agency is targeting 2025 for a crewed landing. . . .

“The Trump administration’s target of 2024 human landing was not grounded in technical feasibility,” NASA administrator Bill Nelson told reporters on a conference call. . . .

So. . . now you know — I suppose we will leave it to Mr. Musk — to put boots on Mars. Smile. . . .

नमस्ते

Real Science; Real Results: Additional ~$2.2 Billion In US Purchase Commitments, For Merck’s Oral Anti-COVID-19 Pills

I run this item, in part to comment on a particularly ill-informed post by Hinderaker, of last night, suggesting that the OSHA rule is beyond the authority of the Executive Branch. And as I showed last night (at one of my other properties) — that is the purest form of… poppy-cock.

For a half century, without so much as a squawk from the GOP/Right, Hinderaker has said nothing about Rubella vaccines being required to work in meatpacking plants in his Dakota home state, or his adopted state of Minnesota. [These are measures enacted by the Nixon administration.] Why? Because… science. [He doesn’t REALLY want to eat a rubella burger on Friday night.]

He followed that, with more lunacy this morning, claiming the vaccines “don’t work“. Uh-huh (but — of course… he cited no biological evidence / science). For a year he has complained that co-morbidity factors make the actual COVID death toll figures in the US completely unreliable. I disagree, but he cannot now be heard to argue that since we are seeing a lot of co-morbidity deaths in Minnesota for example… that that occurrence is, in any manner proof of “non-working” vaccines. [“My kingdom, for a rational scientific statement, on the biology of the pandemic, from ANYONE at PowerLine“! Seriously… John!?] So it is now that we will tout some REAL science:

In addition to the below, the drug regulator for the EU, the EMEA, has said overnight that it will work to approve the COVID oral pill in the “shortest possible time“, taking a cue from (and not wishing to be upstaged by!) the British / post-BREXIT-ed announcement, of last week (we covered, that — here).

And so, a cascading series of events is underway — in Condor’s experienced estimation — HHS and BARDA do not want to run short, when/if both the EU and the Brits seek large scale deliveries of the pill, since essentially all of Europe will now be eligible to stock the pill, in the national health registries (pharmacies). So Uncle Sam is getting another big order in, ahead of the pack.

And yes, all of this is very good news for Kenilworth. Here’s the bit:

. . .[T]he United States government will exercise two of its options to purchase a total of 1.4 million additional courses of molnupiravir, an investigational oral antiviral medicine, if the medicine is granted Emergency Use Authorization (EUA) or approval by the U.S. Food and Drug Administration (FDA), for approximately $1 billion. With these exercised options, the U.S. government has now committed to purchase a total of approximately 3.1 million courses of molnupiravir, for approximately $2.2 billion, between authorization and early 2022.

The U.S. government also has the ability to purchase more than 2 million additional courses through further options that remain in the contract. Merck is developing molnupiravir in collaboration with Ridgeback Biotherapeutics. . . .

Onward, grinning — much afoot for the coming holidays, here. . . truly a magical time of year, and in magical places, to boot. . . be excellent to one another.

नमस्ते

Here Is OSHA’s Brief — On Why The Fifth Circuit “Stay” Must End. It Is Persuasive.

Over the weekend, we said this Fifth Circuit stay would soon end. And it will.

Here’s the full 28 pages of why that is so. The arm-flailing hysterics of the presently-indicted Texas State AG notwithstanding, long-settled black letter federal law [under the Williams-Steiger Occupational Safety and Health Act of 1970 at Section 6(c)(1)] has authorized workplace-disease mitigation measures to be a comprehensive federal scheme, under OSHA’s aegis. So long as the means are rationally related to the ends (as here, plainly on overwhelming scientific evidence), the measure will go into effect.

It is simple, really: OSHA is charged with protecting worker saftey, on a nationwide basis. OSHA has made a determination, based on a deeply reasonable scientific analysis — that pursuant to a Congressional standards-limited grant of authority. . . even the Supremes will be duty bound to respect. [This is not Tangerine attacking TikTok.] This is worker safety — the middle of the Constitutional and statutory fairway — an ongoing pandemic — a once in a century acute risk event. The Fifth Circuit’s Tangerine appointee will see this stay dissolved, perhaps before mid-November. And in any event, the mandate doesn’t take full effect until January 2022. Read it for yourself:

. . .The idea that workplace hazards include diseases that exist outside of the workplace is hardly novel. OSHA has required precautions for bloodborne pathogens, which can be contracted outside the workplace, and has long imposed workplace sanitation and fire rules, even though such concerns are not workplace-specific. E.g., Pmbl.-61407-08. Indeed, as exemplified by famous outbreaks of tuberculosis and smallpox in factories, workplace dangers have long been understood to include the dangers of contracting communicable diseases as a result of being in close proximity to other employees. See also, e.g., Danovaro-Holliday et al., A Large Rubella Outbreak with Spread from the Workplace to the Community, 284 JAMA 2733, 2739 (2000) (documenting Rubella spread in meatpacking plants). . . .

[T]his Court need not consider delegation or deference issues here because the statutory text is unambiguous and limited to addressing grave dangers to employees in the workplace. Like many other areas of regulation, workplace-safety regulations may affect many Americans and may touch on issues about which some people disagree. But that does not automatically compel a circumscribed interpretation of a deliberately broad congressional grant. . . .

This will all be over shortly, in favor of sanity — and science, Condor confidently predicts tonight. Now you know.

नमस्ते

It Would Seem The Only Difference… Is A Change Of Presidents… But We Are Again Treating Humans… Like Humans.

Certainly, problems still remain with the unaccompanied children at the border. No denying that. But equally certainly (per this report to the court, in the Flores federal class action, last week), the times in custody / detention for all potential asylum seekers have fallen — and dramatically so.

Many are being released with hearing dates, within four to five days (as opposed to sixty to 100 days, in 2019). And critically, essentially all the children are sleeping secure, in the knowledge they will wake to a toothbrush, a warm bath and edible food — while in a comfortable bed — with blankets. Children — a low bit / level of comfort, I know… but all stuff Tangerine intentionally took away from… them, after taking them away from their parents.

In sum, all that is now happening is that the US, under Mr. Biden is obeying its treaty obligations, and Constitutional promises to… humans.

Somehow, Trumpers feel being law-abiding… is a vice, not a virtue.

So — I ask you:

Who are these malevolent morons? Would they do the same to their OWN children, if they ended up on the wrong side of some line on a map?

I doubt it. So much for their purported… X-ianity.

UPDATED: Just How Stupid Is Candace Owens Farmer?

Here is… reality. Holding stolen goods, and interceding to facilitate the sale of them clearly supports a probable cause search warrant. [After a federal judge (at page 16) has ruled that the leaders of Project Veritas amount to a “political spying organization“ — not journalists, in any sense.] That’s what happened.

Of course, this is in fact widely separated, from her fevered ravings on Twitter, regarding Project Veritas:

F.B.I. Searches James O’Keefe’s Home in Ashley Biden Diary Theft Inquiry

Cooper Neill for The New York Times

By Michael S. Schmidt, William K. Rashbaum, Adam Goldman and Ben Protess

Published Nov. 6, 2021Updated Nov. 7, 2021, 12:10 a.m. ET

 

Federal authorities on Saturday searched the home of James O’Keefe, the founder of the conservative group Project Veritas, according to witnesses and people briefed on the matter, a day after Mr. O’Keefe acknowledged that the group was under investigation by the Justice Department in connection with a diary reported to have been stolen from Ashley Biden, President Biden’s daughter.

The F.B.I. carried out a court-ordered search of Mr. O’Keefe’s apartment in Mamaroneck, N.Y., early on Saturday morning, after having searched the homes of two associates of Mr. O’Keefe on Thursday as part of the investigation.

An F.B.I. spokesman on Saturday said that agents had “performed law enforcement activity” at the building, but would not discuss the investigation.

Mr. O’Keefe did not immediately respond to a request for comment on Saturday. But in a video statement on Friday, he said that his group had recently received a grand jury subpoena and acknowledged that Project Veritas had been involved in discussions with sources last year about the diary….

Now you know. Out.

Not much moment to this Fifth Circuit stay… It will get sorted out.

We will just leave it at that.

The Fifth Circuit panel was comprised of an anti-LGBTQ+ Trump nominee, a Bush 43 nominee, and a Reagan nominee.

Here is the terse three line order, for what it is worth.

[Next set of filings due here, on Monday, by 5:00 PM CST.] Onward, grinning just the same.

We will see that the Executive Branch has the power to take measures to arrest, and prevent pandemics. It is not a “states’ rights” (only) question. Onward.

नमस्ते

Sunday Cleanup: Settlement Conferences Being Ordered, In “Electric Avenue” Copyright / Original Music Theft Case, In Manhattan…

Well. . . Condor now opines. . . that Team Tangerine should go get out. . . its seven figure checkbook, from the drawer or safe, at Mar-A-Lago. [Backgrounder, of mine — here.]

Given that there are essentially no disputed facts, here — the able USDC Judge in Manhattan has ordered that it be referred to a Magistrate for settlement. Essentially, the only open question is how much must Tangerine pay. [It is still possible that it will not settle, but if T. goes to trial and loses, now — the damages are likely to be tripled, for wilfulness. So there’s that.] Here’s the Thursday evening order, in full:

. . .ORDER: By Order of Reference dated November 4, 2021 (Dkt. No. 56), Judge Koeltl referred this case to me for settlement.

The parties are directed to advise the Court within 30 days when they wish to schedule the settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to e-mail my deputy clerk, David Tam, at ******.gov to find a mutually convenient date for the parties and the Court.

In light of the COVID-19 pandemic, any settlement conference in the foreseeable future will likely be conducted telephonically. Using the Courts conference line system, the Court will begin the settlement conference in joint session with all parties on the line before breaking into private session and speaking to the parties individually, as the technology the Court is using can facilitate breakout sessions with each side. However, if all parties wish to have the Court provide a video platform (Microsoft Teams or Zoom) and not simply proceed telephonically, they may so advise the Court and the Court will then schedule a conference to discuss logistics.

Alternatively, if all parties wish to proceed in person, they may write to the Court requesting an in-person conference. An in-person conference would be permitted only if all participants in the conference (attorneys, clients, and any interpreters) comply with the Courts most recent COVID-19 Protocol (available at https://www.nysd.uscourts.gov/covid-19-coronavirus).

For avoidance of doubt, all parties must agree to proceeding by video conference or an in-person conference and make a joint application for the method that is preferred.

SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/4/2021). . . .

Now you know — just as we suggested. Baby-T is going to be shown to be. . . a thief, again (though the actual settlement amount will likely be. . . confidential, if a settlement is reached). Onward, and out into a Sunday morning bike ride, warm and sunny — by the lake. . . Fall leaves still swirling — out on the open prairie. . . smile. . . .

नमस्ते

Hinderaker’s Newest Lies, Regarding Kyle Rittenhouse: A Kenosha, Wisconsin Murder Trial

Back shortly after Kyle committed his crimes, John wrote two or three pieces that were entirely unacquainted with the facts, as then known, via videos, charging documents and police statements. We noted them.

Here over a year later, with Kyle on trial, John again willfully lies about what is already in the public record as testimony from the stand.

John here makes an argument for self-defense, while falsely stating he was protecting property.

In fact, the owners of the car dealership that Kyle claimed to be “protecting”… testified they never even authorized him to be on their property that night, let alone act as an armed vigilante.

So Kyle was a trespasser, and a minor, not lawfully allowed to be in the street with the weapon he had — a semi-automatic rifle, good only for the killing of humans, in large numbers (see Las Vegas 2018). He proceeded to walked over a half mile away from where his purported “post” (at least as claimed by him), because the protest had passed him by. So, he voluntarily, and without authority, walked into the crowd, after being ordered by the police to go home, as a minor out after curfew.

In sum, he had no right to “defend”… anything — and he was violating a police order to disburse.

Then he fatally shot a man (unarmed, at close range)… with at least one round striking the man in… the back.

Game over — that’s the murder. The other, later two, might be stretched into some form of self-defense — but as to the first, it was… murder. He was holding a repeater fire, automatic rifle, loaded — with the safety off — and thus “had no reasonable fear” of an unarmed man. That a shot was heard in the distance, at about the same time… means he panicked. Not not not, that he was in any manner justified, in killing an unarmed man, given all the above.

Sit down, Hinderaker. You are a loathsome liar. The only killings that night were carried out by one Kyle Rittenhouse.

Now, in a few weeks, Kyle ought not be eligible for parole until… 2040 or so. By then he will be 49, and more sober (and John will have long ago been worm food).

In The “You. Just. Cannot. Make. This. Stuff. Up.” Dept. — Florida Man Edition.

The convicted felon (but later pardoned by Tangerine) Roger Stone is now saying… he will run for Governor of Florida, solely to siphon votes AWAY from DeSantis, UNLESS DeSantis signs an oath NOT to seek the GOP Presidential nomination in 2024.

Must mean Tangerine knows he’s D.o.A., on a 2024 run.

Seeing them eat their own. . . is just so. . . precious.

Out.