Thursday, June 30, 2022

The Supremes' EPA Decision... IS A FARCE. Kagan's Dissent Acerbically Proves It.

Not to go on at too much length, here -- but the rule of five. . . now ignores all its own prior admonitions.

It simply ignores plain text in statutes long thought settled to create politically-convenient "GOP endorsed" rights. . . out of thin air. Let's read Justice Kagan's dissent (starting at page 28), instead of the majority:

. . .Some years ago, I remarked that “[w]e’re all textualists now.” Harvard Law School, The Antonin Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes (Nov. 25, 2015). It seems I was wrong. The current Court is textualist only when being so suits it. When that method would frustrate broader goals, special canons like the “major questions doctrine” magically appear as get-out-of-text-free cards. Today, one of those broader goals makes itself clear: Prevent agencies from doing important work, even though that is what Congress directed.

That anti-administrative-state stance shows up in the majority opinion, and it suffuses the concurrence. See ante, at 19, 25–26; e.g., ante, at 3–6 (GORSUCH, J., concurring). The kind of agency delegations at issue here go all the way back to this Nation’s founding. “[T]he founding era,” scholars have shown, “wasn’t concerned about delegation.” E. Posner & A. Vermeule, Interring the Nondelegation Doctrine, 69 U. Chi. L. Rev. 1721, 1734 (2002) (Posner & Vermeule). The records of the Constitutional Convention, the ratification debates, the Federalist -- none of them suggests any significant limit on Congress’s capacity to delegate policymaking authority to the Executive Branch. And neither does any early practice. The very first Congress gave sweeping authority to the Executive Branch to resolve some of the day’s most pressing problems, including questions of “territorial administration,” “Indian affairs,” “foreign and domestic debt,” “military service,” and “the federal courts. . . .”

These are. . . indeed, perilous times -- for the rule of non-partisan law in the United States. But KBJ is now on the job. Let's go! Grin!


Note To Drew Bruce Tipton: The Word "May" Can Never Be Tortured Sufficiently... To Read "Must". End Of The Lesson.

This is mostly just. . . sad, because the Biden Administration has spent two and a half years, now trying to teach a Trump appointed Texas USDC trial judge (supposedly, a college educated man) how to read the English language.

But it is all over now. The Supremes have spoken, six to three. Just as we said, Judge Tipton. . . some words cannot be tortured enough. . . to become their antonyms. Full opinion -- and a bit:

. . . .The problem is that the statute does not say anything like that. The statute says “may.” And “may” does not just suggest discretion, it “clearly connotes” it. Opati, 590 U. S., at ___ (slip op., at 10) (emphasis in original); see also Jama, 543 U. S., at 346 (“That connotation is particularly apt where, as here, ‘may’ is used in contraposition ‘shall.’”). Congress’s use of the word “may” is therefore inconsistent with respondents’ proposed inference from the statutory structure.

If Congress had intended section 1225(b)(2)(C) to operate as a mandatory cure of any noncompliance with the Government’s detention obligations, it would not have conveyed that intention through an unspoken inference in conflict with the unambiguous, express term “may.” It would surely instead have coupled that grant of discretion with some indication of its sometimes mandatory nature -- perhaps by providing that the Secretary “may return” certain aliens to Mexico, “unless the government fails to comply with its detention obligations, in which case the Secretary must return them.”

The statutory grant of discretion here contains no such caveat, and we will not rewrite it to include one. . . .

Onward to a backyard Japanese steakhouse catered event, under the stars. . . grin.


Wednesday, June 29, 2022

Marvin's Been At Work Again -- This Time As "Curiosity's Organic Carbon Findings Delivery Boy"

As highlighted by our ever erstwhile Anon., here is a smile-inducer, from Barsoom.

It looks like Mars corresponds nicely with the ratios of organic carbon compounds we see in low life deserts, here on Earth. Not definitive, but is more evidence that Mars -- when wetter, and blanketed by an atmosphere, billions of years ago. . . may have been home to. . . life. Here's the bit, from NASA:

. . .Scientists using data from NASA’s Curiosity rover measured the total organic carbon – a key component in the molecules of life – in Martian rocks for the first time.

“Total organic carbon is one of several measurements [or indices] that help us understand how much material is available as feedstock for prebiotic chemistry and potentially biology,” said Jennifer Stern of NASA’s Goddard Space Flight Center in Greenbelt, Maryland. “We found at least 200 to 273 parts per million of organic carbon. This is comparable to or even more than the amount found in rocks in very low-life places on Earth, such as parts of the Atacama Desert in South America, and more than has been detected in Mars meteorites.”

Organic carbon is carbon bound to a hydrogen atom. It is the basis for organic molecules, which are created and used by all known forms of life. . . . The new measurement gives the total amount of organic carbon in these rocks.

Although the surface of Mars is inhospitable for life now, there is evidence that billions of years ago the climate was more Earth-like, with a thicker atmosphere and liquid water that flowed into rivers and seas. . . .

Onward. . . grinning -- ever grinning!


Now Potentially 2,500 Covered Employees In Lithia Springs, Georgia Seek Union Representation -- At Services Branches... More New NLRB Charges Filed Monday.

As we await the arrival of the actual charging letter, from the FOIA offices of NLRB / ALJ. . . we will note that this is a potentially larger group, not quite the size of JFK8, but close -- at 2,500 employees.

What is known is here, at the moment. It does allege violations of Section 8(a)(1) rights. We will update, over the holiday weekend, likely. But the flames. . . they will grow. . . much higher (unless Bezos pulls his head "out of his John Brown hind-parts"):

. . Services, Inc.
Case Number: 10-CA-298254
Date Filed: 06/27/2022
Status: Open
Location: Lithia Springs, GA
Region Assigned: Region 10, Atlanta, Georgia. . . .

We cannot discern which union entity is leading this charge, yet. More, when the charging documents become public. So for now, we will just run a generic Amazon trademark as the graphic.

Onward, grinning -- with a backyard set-up / pop-up Benihana® full-chef's dinner, around a giant but fully portable Hibachi grill (complete with onion ring volcanoes for the grand-nieces!) on tap, for tomorrow night. . . calm, cool evening -- and no rain in the forecasts. . . should be a lobster and sirloin. . . hoot, under the stars! Can't wait!


Tuesday, June 28, 2022

Y A W N. This All Gets Rather... Repetitive, After A Bit: Were Mr. Shkreli's Public Statements, About Cuban's Pharmacy... Intended To Influence Cuban's Management?

Late last night, I happened to see that Martin Shkreli is publishing pharma- critiques -- on Substack (and summarizing the criticisms, on Twitter). At the moment, he's on about Mark Cuban's supposedly cost saving pharmacy / prescription benefit company. [Let's just pretend (for the purpose of completing this post!) that this effort by Martin is NOT where IRONY goes, to die.]

Well then, that aside. . . Martin's federal court banning order prevents him from making any public statement that a reasonable person might understand to be an attempt to influence any US pharma / pharmacy / life sciences company, whether publicly traded or privately-held.

Judge Cote's order on that was crystal clear (see the top of page nine of the able USDC Judge's order).

Here's Martin's quote, yesterday (from UK MSM outlet The Daily Mail):

". . .Infamous 'Pharma Bro' Martin Shkreli slammed billionaire Mark Cuban's new online pharmacy for making what he says are 'largely false' claims about its cost savings.... He accused the billionaire's internet pharmacy of not being transparent about medication and shipping costs to make it appear as if savings were greater. . . ."

It sure seems that a reasonable observer would understand Martin's statements as intended to influence (or change) the way Cuban presents or conducts this pharmacy business. [To be clear, I will not offer any opinion either way on Cuban's biz -- nor on whether Shkreli is correct, in his assessment. Those matters, for the purpose of complying with the currently fully-enforceable FTC injunction. . . are irrelevant.]

It seems beyond dispute that Martin seeks to have Cuban change the way he describes the pricing. . . at Cuban's pharmacy.

So. . . I'll likely forward this post to the FTC trial counsel, tomorrow morning.

Cheeky, I know.


Monday, June 27, 2022

[U: Millennium Park Video!] All The Tangerine-Era [Anti-]Asylum Rules At Issue In East Bay Sanctuary Are Enjoined; Biden Admin. Working To Repeal And Modify; Judge Tigar Seeks 90-Day Status Updates.

We probably have authored over 150 posts on asylum generally, and at least 50 on the East Bay Sanctuary litigation (three pending cases) -- alone, in the USDC in Oakland. [You may use the search box with the term "East Bay" as a search delimiter if you want the whole back-story.]

And over the last two years, almost all of that West Coast litigation is either settled, or being settled.

But we update on East Bay because Mr. Biden's people are completely scrapping or substantially re-writing all the lawless and cruel Tangerine executive order nonsense, on this topic. So, all the government will now do is. . . update the able Judge Jon S. Tigar, once every 90 days. . . on the re-write progress. This will of course spring back to life, should the Democratic Party not control 1600 Pennsylvania Ave., after 2024. But I expect the Democrats will (especially after the Alito/Thomas unhinged opinions on a growingly-wide array of topics). Thus, this is just about all D.O.A.:

. . .For the reasons stated in the parties’ joint case management statement, the Court grants the parties request to vacate the upcoming case management conferences and continue the stays entered in Case Nos. 18-cv-6810 and 19-cv-04073. The parties are ordered to file a status report every 90 days updating the Court on the status of the rulemaking relevant to this case. . . .


Dated: June 24, 2022. . . .

Now you know -- onward, grinning ear to ear; Shostakovich's "Festive Overture" and Tchaikovsky's Fourth Symphony are on tap in the park, under the stars, tonight. . . Riccardo Muti's last season conducting, here -- sushi and ripe cherries and frosty root beer, too:


Justice Sotomayor's Dissent Has It Down Right: We Need Not (And Should Not) Tolerate Overt Person of Authority "Evangelism" At PUBLIC High School Events...

The "regression" agenda is in high dungeon, at SCOTUS's "rule of five" [Ma' Gawd wing] again this morning. Just now, the Court held that a public high school [X-ian] prayer, on a public school football field at the end of the game, led by a public school (paid) coach. . . cannot be enjoined; and cannot be the basis for firing the coach. That is. . . frankly. . . insane.

I wonder how. . . "included" the Jewish, Atheist and Muslim team members felt. . . especially if they declined to join in the praise of god they do not recognize (and in some cases, are forbidden by their religious law -- praising a "false" god). [Were they justifiably worried. . . about being benched?]

These MAGA Justices are going to see. . . a Court of 13, yet.

I should add that technically, the coach was praying alone on the field in the subsequent offense that got him fired. But for the whole prior season, he and the team had prayed on the field, at the 50 yard line -- pictures in the dissenting opinion.

Having the team join him is "evangelizing" for a particular religion -- on public school property, by a public employee, on work time, and an employee with clear "aura of authority" over vulnerable young students. [What any of us genuinely hold as spiritual- or other views, here are. . . supposed to be left out of public school teaching, except as a "history of philosophical thought" course.]

To use a phrase the MAGAts and Q-GOP throw around aimlessly, and irresponsibly (as to LGBTQ+ events/expressions). . . he was "grooming" those kids to be intolerant Xians, all along. Again -- probably exactly what Alito and Thomas are hoping for.

The Church of England in 1670 had nothing. . . on them.

The case is called Kennedy v. Bremerton School Dist.:

. . .Properly understood, this case is not about the limits on an individual’s ability to engage in private prayer at work. This case is about whether a school district is required to allow one of its employees to incorporate a public, communicative display of the employee’s personal religious beliefs into a school event, where that display is recognizable as part of a longstanding practice of the employee ministering religion to students as the public watched.

A school district is not required to permit such conduct; in fact, the Establishment Clause prohibits it from doing so. . . .

Damnation. The only thing I would add. . . is that this evangelist. . . held a position of authority over these ball-players. Ugly.

But great contribution, as always, inspired by/from Anon.!


Saturday, June 25, 2022

UPDATE On Thomas Barrack: It's On To Felony Trial Dates, In September Now, In Brooklyn... Motions To Dismiss Denied.

As we watch the 01.06.21 evidence come in, day by day. . . we do not want to lose sight of the fact that the man at right sold out our nation's interests (probably with Tangerine's tacit approval), and pocketed over $276 million in new funding for his private empire, in the process. He needs to face at least a decade in federal prison. . . which at his advanced age would amount to a life sentence.

His billions cannot save him now -- as it will all come down to the able USDC Judge Brian M. Cogan in Brooklyn hearing the evidence in real time (as the jury doesn't decide the sentence length in any direct manner), as to whether he gets two, five or ten years. This past week, Mr. Barrack lost (in a 55 page opinion) all his motions to get rid of the indictment. So it is on to trial, against mountains of evidence:

. . .[Mr. Barrack is charged with] acting as an agent of a foreign government without prior notification to the Attorney General in violation of 18 U.S.C. § 951(a), and conspiracy to commit the same in violation of 18 U.S.C. § 371. Barrack was also charged with four counts of making false statements in violation of 18 U.S.C. § 1001(a)(2) and one count of obstruction of justice in violation of 18 U.S.C. § 1512(c)(2). Trial is set to begin on September 7, 2022. . . .

Barrack takes Rafiekian’s analysis and does exactly what that Court cautioned him not to do, which is “force term-of-art definitions into contexts where they plainly do not fit.” Id. at 539 (quoting Johnson v. United States, 559 U.S. 133, 139 (2010)). Nowhere in the Court’s decision did it find that a “duty” was necessary to state an offense under Section 951.

The Court chose explicitly not to wade into the murky waters of defining what exactly the degree of a foreign principal’s direction or control need be, other than that such direction need not rise to the level of a formalized employer-employee relationship. Instead, what Rafiekian emphasized was the necessity of mutuality and agreement. . . .

And it is not disputed that he did it all in secret, despite specific federal criminal statutes which required him to inform the US AG in writing of his actions, in advance. Of course, even in Tangerine's White House, selling our nation's policy-positions, to the highest foreign government bidder (for payments to Barrack's personal real estate empire) was. . . a felony. Several of them, it turns out.

Onward, to marches in the streets here -- tomorrow afternoon. . . after the rain passes this afternoon.


"Psyche" Mission To Metal Rich Asteroid -- Now Delayed To 2023 Or Beyond: Software Incompatibility Issues.

It seems that somewhere between ASU, JPL and NASA. . . some wires got crossed, on software specs.

And the team is seeing "compatibility issues" with the flight package. This means the October 11, 2022 mission last launch window is certain to come and go, without being "go flight" -- on all the re-testing.

And, since the effort is now approaching $1 billion in total costs, the clear NASA directive is to get this right, as no "patch or update" will be feasible, in real time, autonomous space-flight. So so it goes:

. . .As the mission team at NASA’s Jet Propulsion Laboratory in Southern California began testing the system, a compatibility issue was discovered with the software’s testbed simulators. In May, NASA shifted the mission’s targeted launch date from Aug. 1 to no earlier than Sept. 20 to accommodate the work needed. The issue with the testbeds has been identified and corrected; however, there is not enough time to complete a full checkout of the software for a launch this year.

“Flying to a distant metal-rich asteroid, using Mars for a gravity assist on the way there, takes incredible precision. We must get it right. Hundreds of people have put remarkable effort into Psyche during this pandemic, and the work will continue as the complex flight software is thoroughly tested and assessed,” said JPL Director Laurie Leshin. “The decision to delay the launch wasn’t easy, but it is the right one.”

The mission’s 2022 launch period, which ran from Aug. 1 through Oct. 11, would have allowed the spacecraft to arrive at the asteroid Psyche in 2026. There are possible launch periods in both 2023 and 2024, but the relative orbital positions of Psyche and Earth mean the spacecraft would not arrive at the asteroid until 2029 and 2030, respectively. The exact dates of these potential launch periods are yet to be determined.

“Our amazing team has overcome almost all of the incredible challenges of building a spacecraft during COVID,” said Psyche Principal Investigator Lindy Elkins-Tanton of Arizona State University (ASU), who leads the mission. “We have conquered numerous hardware and software challenges, and we’ve been stopped in the end by this one last problem. We just need a little more time and will get this one licked too. The team is ready to move forward, and I’m so grateful for their excellence.”

Total life-cycle mission costs for Psyche, including the rocket, are $985 million. Of that, $717 million has been spent to date. The estimated costs involved to support each of the full range of available mission options are currently being calculated. . . .

We will see safe, legal abortion coverage enabled -- for all US women. . . as it will all be no more than one day's drive from any of the Luddite states, to the sane ones. Bodily autonomy is in fact a fundamental right embedded in the 14th Amendment. The states that know this decision is wrong. . . will protect women in the states that seek a return to Plessy v. Ferguson style thinking.

Over 70 per cent of Americans support the right to choose. [Why should under 30 per cent of us, even if genuinely held as a religious view. . . dictate what the other 70+ may do with their own bodies?]

Count on it. Smile. . . .


Maryland Apple Labor Strategy Highlights Contrast To Amazon…

The difference could not be any more stark: Apple accepts that the workers voted 2-to-1 "Yes" -- on a union. So instead of federal trials and appeals, Apple is sitting down with the employees to reach a fair collective bargaining agreement -- and meetings are likely to begin, within weeks.

In any event, Tim Cook is in many ways, the opposite of Amazon's Bezos, and the financial bottom line at Apple will benefit from this. While it is true that Apple enjoys quite nearly the ability to charge whatever it wants for its tech, and thus may effortlessly pay people (much) more than it already does. . . Bezos could do much the same -- but he'd see a dip in his net worth, since he has around 1,600,000 employees; while Apple has less than a fifteenth of that figure.

Here's the latest -- from Apple Insider:

. . .Apple reportedly does not intend to challenge a vote to unionize by employees at one of its retail stores in Maryland, and plans to bargain with workers at the store "in good faith."

Earlier in June, a majority of employees at the Towson Town Center Apple Store voted to form a union — becoming the first in the U.S. to hold a vote. . . .

These are important, and likely expensive, object lessons Mr.Bezos has yet to learn. Respect for the outcome of a landslide election loss, genuine humility and straight-shooting, fair play. . . for all (whether a mega-billionaire, or just a paycheck to paycheck line worker) matter.

G'night all.


Friday, June 24, 2022

"Like A Wild-Fire"... Update: "Amazonians United" Complaint/Charge Letter -- to NLRB, Now Available Via FOIA Desk.

We will close this toasty humid Friday with the latest alleged unfair labor practices, at Amazon's Upper Marlboro / DMD99 facility, in Maryland, where the Chicago based collective, Amazonians United, is the entity representing Amazon workers' efforts, on the ground. [Backgrounder, here.]

To be clear, there is no conflict with ALU, it is just a case of who all started first, and where. Of course, we will continue to cover this one closely, as it progresses.

Here's the full text charging documents, proper, made a available just a few moments ago, via FOIA -- and a bit:

. . .Amazon, Inc., LLC
1000 Prince Georges Boulevard
Upper Marlboro, MD 20774
Re: Amazon, Inc., LLC

Case 05-CA-297762

Dear Sir or Madam:

Enclosed is a copy of a charge that has been filed in this case. This letter tells you how to contact the Board agent who will be investigating the charge, explains your right to be represented, discusses presenting your evidence, and provides a brief explanation of our procedures, including how to submit documents to the NLRB. . . .

Well, I think these two ex-employees make out a pretty colorable case, given all the other shenanigans we've seen at nearly a dozen other Amazon sites / facilities. So. . . game on! Be excellent to one another. . . with Pride Parade Chicago up next, on Sunday. . . .


Power-Alley: Hatch-Waxman -- Merck Has Agreed, In A Cost Saving Move, Along With The Generics, That "Deep" Discovery (Millions Of Pages Worth) Isn't Needed.

We have followed this case since April. What's new is that Merck is likely going to agree to forego the vastly expensive "what we ate for breakfast in third grade" type of email discovery, in this case. So too are the generics. This is a nice practice point: not every issue need be fought to the "Scorched Earth" end.

While Merck has significantly more to spend on such maneuvers than Zenara or Aurobindo. . . it all boils down to one question, under Hatch-Waxman (one Merck cannot change much, and one that affects Merck essentially equally, no matter which of the generics wins): Which generic will get the 180 day exclusivity incentive, when the dust settles. That is, Merck will see a generic version on market -- but one of these companies will be the exclusive generic cleared in the US for a half year. . . then all the others will be let in. Either way, Merck's margins on its ertugliflozin (branded as Steglatro®). . . will go south rapidly. Here's that bit, from an agreed letter in the federal district court in Delaware, overnight:

. . .Checklist items were as follows: (1) whether the parties could agree to forgo email collection, which is still being considered; (2) whether the parties could agree to reduce certain discovery limits, which was agreed to and is reflected in the parties’ Proposed Scheduling Order; and (3) whether the cases should be consolidated, which was agreed to and is reflected in the parties’ Proposed Scheduling Order. . . .

Now you know -- all of this turned up, overnight and into this morning.

So, onward the world turns. . . and state by state, THERE WILL BE safe legal abortions, usually within a day's drive from the Luddites now ruling in Missouri, Louisiana, Oklahoma, Texas, Florida and Mississippi. So it goes. Illinois and New York and Colorado, Oregon and California (among dozens of others) will remain. . . respectful of a woman's autonomy over her own body and reproductive choices. Out.


[Shkreli Tangent:] This NY Post Item Gets A Couple Of Bits Wrong, On Share Voting At Phoenixus AG...

The central narrative arc is accurate: a vote, by dissident shareholders is afoot; the meeting is today. [Been in a funk all morning now that the Supremes. . . have crapped on bodily autonomy.]

But it is simply NOT true that Martin's old shares DON'T vote. It is only true that Martin cannot vote them.

Those shares are to be voted by the Receiver, Mr. Abbott (we showed you the proxy on June 9, 2022) -- and he has sworn to vote in favor of what's best for a recovery of money, from the company, for Shkreli's judgment creditors. The meeting will elect six new independent directors, dropping the old "Martin-wing" to non-majority status.

There is little doubt that he will vote against keeping this board, as currently constituted. Here's the bit:

. . .Shkreli previously held 44% of the company. The activist investors say they aren’t sure what percent of shares the board members have now. Aryeh adds that the board appears to still be packed with Shkreli’s cronies who may do whatever he wants.

“It all comes down to a handful of institutional shareholders,” Aryeh told The Post. “They need to vote Martin’s cronies out, and thus end his embarrassing and massively overstated influence on the perception of the life-saving pharmaceutical industry
. . . .”

The NY Post also suggests the board could vote itself enough additional shares to keep the current wing in power. But Abbott's 37% plus the dissidents and a few institutional holders would almost certainly vote against such a corporate wasting asset transaction.

Thus, it is highly unlikely to go that way.

Martin's formerly "stored wealth" in Phoenixus AG will soon be in the hands of his creditors. Dr. Koestler, the FTC and several state AGs and the. . . DoJ (and the lawyers representing all of them), among others.

So it goes.


Thursday, June 23, 2022

When You Are Guilty -- But Decide To Waive Your Right To Cross-Ex, And You AGREE Be Tried "In Absentia" -- It Goes... Badly.

Well. . . this, this is. . . priceless.

Tonight, on his Truth Social, Tangerine lets us know he's been watching the hearings. And, after he and his people decided they would try to just ignore the committee, and not offer to serve on any part of it (but GOP Reps. Cheney, and Kinzinger and others did show up, for the rule of law). . . only now, that he's seeing his a$$ handed to him, night after night, on all networks except Faux. . . only now. . . he is complaining that it is unfair.

These idiots had/have no idea how Congressional Committees work. If you don't serve -- you don't get a speaking role at the committee's hearings. Simple.

Such a stupid, stupid. . . (and intrepid) bunch of seditious felons these clowns. . . are.


The Mars Insight Lander Will Devote All Remaining Battery Power To Quake Listening...

Instead of trying to limp through one more Barsoomian winter, and perhaps never restart. . . the JPL /NASA team has decided instead to purposefully drain the batteries between now and mid-August, so that the team may listen closely for any additional Mars-quakes.

There will be enough juice left to transmit any new quake reports back to Jasoom, but by mid-August or so, we will be at "end of mission" -- here's that story:

. . .[T]he team now plans to program the lander so that the seismometer can operate longer, perhaps until the end of August or into early September. Doing so will discharge the lander’s batteries sooner and cause the spacecraft to run out of power at that time as well, but it might enable the seismometer to detect additional marsquakes.

“InSight hasn’t finished teaching us about Mars yet,” said Lori Glaze, director of NASA’s Planetary Science Division in Washington. “We’re going to get every last bit of science we can before the lander concludes operations. . . .”

Now you know. Smiling into the sunshine here, with baby-girl. . . .


Wednesday, June 22, 2022

UPDATE: JFK8 ALJ Hearing We've Been Covering Is Now On Hiatus; Will Resume... August 8, 2022

Just a minor update, on the ALU v. Amazon consolidated unfair labor charges hearings -- regarding the JFK8 union election win (on an about 2-to-1 vote).

The formal hearings/trial were adjourned on June 16 -- but it is highly-likely there are lots of motions due between now and August 1, so we will keep an eagle's eye out, here. The coverage is delayed, as it is not part of the PACER system. But this is the latest:

. . .The hearing in the above matter, which adjourned on June 16, 2022, will resume on August 8, 2022, and will continue on August 9 through 11, 2022.

Any additional hearing dates necessary to complete the case will be scheduled at that time. . . .

Dated:New York, New York

June 21, 2022. . . .

Now you know. Onward with the tiniest baby girl here all day today! woot!


Now Two Prince George's (Maryland) "Amazonians" Say They Were Fired -- For Union Organizing. Like Wild-Fire, It Is... Spreading.

This time, at Prince George's, DMD99, in Maryland, the Chicago based collective, Amazonians United, is the entity representing Amazon workers' efforts, on the ground.

To be clear, there is no conflict with ALU, it is just a case of who all started first, and where. Of course, we will cover this one closely, as it progresses.

Here's the WaPo, just a few moments ago:

. . .Amazonians United -- a rank-and-file organization that has also organized at warehouses in Sacramento, Chicago and New York -- said that the workers at the DMD9 delivery station in Upper Marlboro were terminated for their roles in collecting signatures for two petitions and encouraging others to participate in a walkout in March.

Kelly Nantel, a spokeswoman for the company, said in a statement to The Washington Post that those allegations were without merit. “Whether an employee supports a certain cause or group doesn’t factor into the difficult decision of whether or not to let someone go,” she added. . . .

"You can blow out a candle -- but you can't blow out. . . a bonfire. . . once it begins to catch, the flames will go much higher. . . ." -- Peter Gabriel, "Biko".


Tuesday, June 21, 2022

An Old Friend's Case Has Been Accepted For Review, At The Supremes -- We Wish The Doctor Luck...

The Court is absolutely correct to take this one up, and grant review here.

But since I advised on it, at a lower courts' stage. . . I am not at liberty to say anything further. We shall see. . . in time, I might be freed, to say more. We shall see.

We know that hope is a good thing; perhaps. . . the best of all things.


Tuesday Trivia: Of Vitalik Buterin's Statesmanship -- No Boxing Shkreli. And Bitcoin Fighting To Hold $21K... But. It. Won't. Matter.

As Riot briefly shows a NASDAQ price above $5. . . we just smile. This temporary pop in Bitcoin spot pricing is solely whales pumping, only to unload more, shortly -- since Bitcoin has fallen below its 2018 all time high. The whales are ultimately sellers, not buyers here. Now, as to Martin's proposed boxing match, proper:

First, it won't ever occur. The founder of Ethereum won't debase himself, so as to be associated in infamy with Martin -- I suspect, even if it were for a worthy charity. [And yes, Summer's longest day brings us only news of the trivial, as this item amply demonstrates. . . we scrape from our other properties, as the Atemis test showed a few glitches yesterday, but ultimately was able to be fueled up and pass the wet test. Nuthin' new on Amazon, yet. So here we are -- skinny lil' tech guys / boxing matches?! Ugh.]

But that aside, it all points out how little Shkreli actually absorbed, about being an adult, in his time away. Mr. Buterin said unkind things (Martin imagined) about his understanding of the crypto- space. And Buterin won't oblige Martin in a tit-for-tat on Twitter, so Martin decides they should enter. . . Thunderdome. How utterly. . . childish.

It also points out how most people. . . in the real business world, even the crypto- (read fraud laced) "business" world. . . won't even accept his calls or offers to speak. He's been snubbed by several crypto- conference organizers already.

But even so, Martin claims to be a proponent of stable-coins, over wildly volatile Bitcoin and Ethereum. I think he is going to struggle to make a living in this space -- too many people (rightly) see him. . . as a metaphorical punching-bag.

His hero, Elon Musk has been lately touting Dogecoin, causing a temporary spike in its spot price (likely so that Musk may exit his investment in it, at something near breakeven, overall). But Martin did not offer to fight Musk, after Shkreli called Dogecoin a "sh!t-coin". [Not that Musk is any athlete, but he outweighs Martin by nearly 100 pounds.]

Buterin is famously rail-thin -- and someone said the fight, if it occured, would be the weight class "tech-nano-weenie" first ever competitive bout. That's about right; but it will never transpire. Here's the source article and quote this morning:

. . .Shkreli’s revelation that he’s toyed with cryptocurrency on Uniswap after getting out of prison earned him the displeasure of Ethereum co-creator Vitalik Buterin, who said, "Platforms must find a way to incentivize higher-level thinking and behavior instead. . . .

I will leave you with that -- but do know that Martin remains vexed that the fake Martin account (AnonShkreli) has nearly twice as many followers as his Enrique account, and about ten times as many as his "ruleof5" account, each on Twitter.

What a. . . weird world this is.

Be excellent to one another, just the same. Out, into the sweltering sunshine, here.


Monday, June 20, 2022

Just As We Said It Would, Fifth Circuit Has Stayed Tipton's Wrong-Headed Ruling On Immigration Down In Texas...

I'm a lil' late on this, as it happened last week, whilst I was busy with other things.

But Drew Tipton is losing every time this matter shows up in in an upper court. For most judges, that would be. . . embarrassing. He seems not to care, even in his own Fifth (very conservative) Circuit. But Merrick Garland's offices may very well ask the Supremes to rule immediately, since Tipton's errors of law and fact are so clear cut, here:

. . .This letter will serve to advise the parties that the court has requested a response/opposition to the Appellants’ Motion for stay pending appeal and to extend the administrative stay pending a determination by the Solicitor General whether to seek relief from the U.S. Supreme Court, be filed in this office on or before 12:00 p.m., noon, on June 22, 2022. . . .

Onward, grinning -- for a fun day with the nearly two year old here in the sunshine. . . .