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

The Netherlands Has Now Recorded Its First Clade 1b Case Of Mpox… Yikes.

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Onward, like a drumbeat. It is spreading now, in the wild — across the globe.

The good news is that there are effective treatments, and a working vaccine — if you are among the contacts, or among the contacts of contacts. Here is the latest:

…The Netherlands has recorded its first case of the new variant of the infectious disease mpox, confirmed late last week. The patient was unvaccinated and had not recently traveled abroad but had engaged in sexual contact with other men, caretaker Health Minister Jan Anthonie Bruijn said in a letter to Parliament on Tuesday.

The patient has been placed in isolation, and the risk of wider transmission appears low, Bruijn said. The public health service (GGD) is tracing the source of the infection and the man’s recent contacts. Men who have sex with men remain the main high-risk group for mpox, known recently as the monkeypox virus….

Onward, resolutely. Be careful out there.

नमस्ते

“Sure. Sure. Cool Story, Bro”: Trump Appointed Various DoJ Positions; Now Demands $230 Million Be Paid By DoJ To Him (Personally) — Over These Appointees’ Signatures?!

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One could not even remotely imagine a dumber public corruption / crime plot.

The whole silly idea only violates about 75 federal felony statutes. In other words — just a regular Tuesday — for Donald Trump.

Of course, it will never come to pass.

And even if you believe he’s saying it just to enrage Democrats (we should consider that Kash Patel would do it in a heartbeat!). And he probably isn’t just trolling, because he likely genuinely believes he’s entitled to $230 million in damages for “reasons” — he should be aware that (as any sentient human would be) this sort of wildly-conflicted interest is unseemly… And (it turns out) felonious.

Gosh, is he an ugly spud. Out.

A Hearing Tomorrow — In Federal Court, In Chicago — “ICE Barbie” Must Defend Her Order To Tear-Gas Peaceful Protestors, Out In Broadview. Ouch.

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I’ll listen in remotely, but my other commitments tomorrow mean I cannot sit live in the well somewhere, up on the Dirksen Building’s 21st floor.

But it certainly should be a banger… based on the evidence against the Noemites, in the record just thus far. As we noted yesterday, the evidence will establish that a federal ICE agent told a state police officer that the ICE agents intended to “create” a “shit-show” the following morning, by using tear-gas and incendiary crowd control tactics (reserved under applicable law… for active rioters).

In any event, here’s the set up:

…MINUTE entry before the Honorable April M. Perry: Prior to the hearing 10/22/2025, the parties are asked to meet and confer regarding proposed next steps for this litigation, including:

(1) expedited discovery that may be appropriate to further develop the factual record;

(2) additional briefing that the parties may want to present; and

(3) whether there is any value to an early settlement conference.

To the extent the parties agree any of the above would be appropriate, they should also discuss whether they would entertain an agreed extension of the TRO beyond 14 additional days (without prejudice to continuing to pursue appellate relief). The parties are asked to submit a joint status report by 12:00 pm CST 10/21/2025….

Now you know — and we are about 30 minutes away from that last bolded deadline. We will update, if it contains anything new, and interesting. Onward, resolutely. Chicago will stand… united — against lawless tyranny. Out.

नमस्ते

More Reason To Go And Robotically Check Out “Edge Conditions” In Chemistry On Saturn’s Moon Titan…

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We’ve long known that — at extreme temperatures, the chemical bonding rules we observe on Earth… at least seem to be bendable. [Prior postings — on this topic — here.]

And these (below) newly discovered “edge conditions” in chemistry, provide encouraging insights to how complex amino acids may have formed quite widely throughout the universe.

Here’s the latest on it all:

…Some substances that don’t mix on Earth can combine in ultra freezing conditions like those on Saturn’s largest moon, breaking one of the best-known rules of chemistry, new research shows.

Titan, a hazy orange world about 880 million miles away in space, shares similarities with early Earth and is the only other place in the solar system with a thick atmosphere, as well as lakes and dunes on its surface. A key reason scientists study the moon is to try to figure out how the first chemical steps toward creating life may have unfolded on our own planet.

For years, scientists have wondered if these liquids might also allow the crucial chemistry necessary for life to occur — or at least the kind familiar to us. That question drives NASA’s $3.35 billion Dragonfly mission, set to launch in July 2028 and reach Titan six years later. Scientists think a deep underground ocean of liquid water may also exist within Titan, possibly capable of supporting life.

The Chalmers team used computer models to simulate thousands of possible molecular combinations. They found that organic compounds could sneak into hydrogen cyanide’s crystal structure and form “co-crystals.” Because these could exist at Titan’s frigid temperatures and they match NASA’s lab results, there’s a good chance these chemical mixtures actually occur on Titan, the scientists say. 

“I see it as a nice example of when boundaries are moved in chemistry and a universally accepted rule does not always apply,” Rahm said….

And so, onward — to a not too distant in time launch of NASA / JPL’s Dragonfly. What wonders of “edge” chemistry might we find lurking just below the frigid surface of Titan… Who knows? But we encourage you to stay tuned. Grin.

नमस्ते

A Good Sign — Now Last DRC Ebola Patient Has Been Released From The Local Hospital Center… 42 Day Waiting Period Begins.

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This is welcome news to be sure.

But this should have ended with fewer than four deaths — there were over 40 (“Thanks, Donald Trump!”) — including 5 health care workers. Here’s the latest:

…The last Ebola patient in the Democratic Republic of the Congo was discharged today, marking an important milestone in the efforts to end the outbreak. The recovery kicks off a 42-day countdown to declaring the outbreak over if no further cases are confirmed.

A total of 19 patients have recovered from the disease. No new cases have been reported since 25 September. In total, 64 cases (53 confirmed and 11 probable) have been reported since the outbreak was declared on 4 September in Bulape health zone, in Kasai Province.

The outbreak occurred in a rural and hard-to-reach locality. Despite the challenges of distance, poor roads, and limited infrastructure, the Ministry of Health, with strong support from World Health Organization (WHO) and partners, acted swiftly to scale up outbreak response measures.

WHO deployed multidisciplinary teams to strengthen surveillance, clinical care, infection prevention and control, logistics, community engagement and other key response measures….

Now you know. Onward — and keep a good thought for the next 42 days in Bulape and Benin… smile.

नमस्ते

Illinois Has The Upper Hand At The Supremes, Tonight — On Odious Trump’s “Operation Midway Blitz”…

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The Tangerine 2.0 lawyers have again tried illicitly to cut to the front of the SCOTUS red velvet rope demarked line… and get Alito to rule that Trump can use the National Guard as a private army any time he likes. That will not happen. Not on my watch — nor on that of Gov. Pritzker or Mayor Johnson.

Here is how the excellent local lawyers have responded to the Manchurian Cantaloupe, at the Supremes (in 46 well-reasoned pages) this afternoon — and a bit:

…The Framers carefully apportioned responsibility over the “militia” — today, the National Guard — between the federal government and the States, granting the federal government the authority to call up the militia only for specific purposes and at specific times….

Although the district court concluded that those unusual circumstances were not present in Illinois, and so enjoined the federalization and deployment of the National Guard at the TRO stage, the Seventh Circuit’s decision partially staying that order — and permitting federalization — both safeguards the careful balance of power struck by the Constitution and affords the federal government appropriate solicitude while this fast-moving case proceeds in the lower courts. [Trumpian] applicants’ contrary arguments rest on mischaracterizations of the factual record or the lower courts’ views of the legal principles….

As the district court found, state and local law enforcement officers have handled isolated protest activities in Illinois, and there is no credible evidence to the contrary. The Court should decline applicants’ request to unsettle the equitable judgment reflected in the Seventh Circuit’s order and to take the dramatic step of permitting deployment of National Guard troops over Illinois’s objection for the handful of days the TRO currently remains in effect….

On September 8, the Department of Homeland Security (“DHS”) announced “Operation Midway Blitz,” an effort to ramp up immigration-related arrests and deportations in and around Chicago, Illinois. Doc. 13-12.

Within two weeks, DHS announced that the operation had yielded over 500 arrests. DHS touted its arrest numbers again in another press release, declaring that it “remain[ed] undeterred.”

Within a month, DHS announced it had made over 1,000 arrests and that “Operation Midway Blitz is making Illinois safe again….” [On the contrary, all it has done is to teargas peaceful protestors asserting their First Amendment rights, on public sidewalks and streets.]

On September 26, ICE agents deployed tear gas and pepper spray on a group of about 100 to 150 protesters outside the facility. Doc. 13-5 at 8. Broadview’s police department requested assistance from Illinois’s law enforcement mutual aid network, prompting the Illinois State Police and several other local police departments to send support. Id. at 8-9. To ensure public safety, the combined law enforcement team closed three blocks of a nearby street for about three hours in the morning and another two hours that night. Id. at 9. The same day, DHS issued a request (which was not acted upon) to the Department of War for “100 DoW personnel” to “integrate with federal law enforcement operations, serving in direct support of federal facility protection, access control, and crowd control measures.” Doc. 13-2 at 15-16.

The next day, which featured only a small crowd of quiet protesters closely monitored by local police, federal agents told Broadview Police to prepare for a “shitshow” — specifically, that they intended to increase ICE’s presence in Broadview and escalate their use of chemical agents on the protesters. Doc. 13-5 at 9.

Throughout the rest of the day and into the evening, agents pushed the protesters up the street and deployed tear gas and pepper balls. Id. at 9-10. Following that incident, 11 protesters were arrested, id. at 10, but only five were charged with crimes, and federal grand juries declined to indict at least three of those five….

Do stay tuned. The Supremes, to retain credibility, should defer this case until a full trial on the merits of an injunction has occured — at a minimum. We shall see.

नमस्ते

The Final Permanent Injunction Order Is Now Published, In Boston’s Federal Courts: Trump Violated The First Amendment. He Loses.

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Harvard ought to sue the government for the likely over $1 million in legal fees and expenses it incurred in repelling this odious abuse of process by the Manchurian Cantaloupe.

And the exceedingly able USDC Judge Burroughs has left that probability wide open below. Tangerine 2.0 is one stupidly-malignant spud. Here’s the morning’s order, closing the file:

…Judgment is entered for Plaintiff [Harvard University] on its claims under the Administrative Procedure Act for violations of the First Amendment to the Constitution of the United States and Title VI of the Civil Rights Act of 1964. Judgment is also entered for Plaintiff on its claims under the Administrative Procedure Act insofar as they challenge the April 14 and May 5, 2025, Freeze Orders as arbitrary and capricious….

[Trump] Defendants, their agents, and all those acting in concert with them are PERMANENTLY ENJOINED from implementing, instituting, maintaining, or giving effect to the Freeze Orders and Termination Letters, or any conditions imposed therein, and from issuing further terminations, freezes, stop work orders, refusals to award grants or contracts, or withholdings of funding to Harvard in retaliation for the exercise of First Amendment rights, or on purported grounds of discrimination without compliance with Title VI.

The Court expressly reserves jurisdiction over the issue of attorney’s fees and costs. Any motion for attorney’s fees shall be filed in accordance with Federal Rule of Civil Procedure 54(d)….

SO ORDERED….

Onward — smiling. Sanity is making a comeback. I will be in Music City At Union Station from the evening before, through the evening after, your 46th. . . just FYI. Could buy you a glass of wine at the bar. . . smile.

नमस्ते

Power Alley: As We Expected, The Supremes Have Let Stand The Immunization From Antitrust Liability, For Merck’s Mumps Vaccines…

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In general — under controlling US law and regulations — there are very few avenues to sue makers of effective, life saving vaccines.

That was a considered Congressional policy decision, over a half century ago — to encourage the provision of what are very low margin, but vital, vaccines to school children nationwide. [Rahway chose to withdraw this single-dose version of the vaccine in 2022 (in favor of a three-way combo vaccine — which more economically includes Mumps / Measles / Rubella) — but we’ve been following various versions of this vaccine litigation since early 2010.]

Here is Reuters’ prior piece on that litigation. This morning, the US Supreme Court dismissed an attempt to revive the claims barred by the so-called Noerr-Pennington Doctrine. [Our prior backgrounder from a year ago, is here.]

The latest — then, from Reuters, this morning:

…The U.S. Supreme Court declined on Monday to hear a bid by a group of physicians and healthcare providers to revive their antitrust lawsuit accusing drugmaker Merck of misleading federal regulators to maintain a decades-long monopoly over the mumps vaccine market.

The justices turned away an appeal by the plaintiffs of a lower court’s decision to throw out the lawsuit on the basis that the drugmaker was protected under a legal doctrine that immunizes companies from antitrust claims based on actions aimed at swaying government decision-making….

Now you know. Onward, grinning. Ever grinning.

नमस्ते

Nobel?!? Nope — Hell, In Gaza: “Thanks, Trump!”

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Gee — who might’ve guessed that Trump would make things worse rather than better for the Palestinians in Gaza?

This is what happens when you let a reprobate loose with lots and lots of power…

Strangely, in this particular case, unlike several others — his failings here were more the result of ignorance, than malignancy. He knows so little of the world — it was impossible for him to see… that just because he says something “ought to be” a certain way… it will not necessarily be… that certain way.

And, the people living in Palestine now are paying with their very lives — and Israel is now to blame. For listening to a moron — and a power hungry Bibi.

Please, Lord, let the Time of Trump… end.