Sunday, December 5, 2021

A Very Small Galaxy, With A Very Big Black Hole At The Center? How Did That... Happen?

No one really knows -- and no one really has a theory yet, as it was all just recently discovered. But it is an excellent excuse for some of my favorite graphics. See at right -- it will take a bit to load (at ~3 MB), so be patient.

Why isn't this small cluster of star masses completely. . . shredded, by the maw of this gargantuan black hole? Who knows? The only thing that seems certain here, is this confirms we still have a lot to learn about "the why's" of physics, on that scale. Here is the solid, but easily understandible, on it all:

. . .The Leo I dwarf galaxy, some 820,000 light-years from Earth, is only about 2,000 light-years across. Until now, astronomers thought the galaxy's mass was about 15 to 30 million times the mass of our sun. That's tiny compared to the Milky Way, which is estimated to weigh as much as 1.5 trillion suns and whose disk is over 100,000 light-years wide.

Unexpectedly, at the heart of the little Leo I sits a black hole that is nearly as large as the one at the heart of the entire Milky Way, a new study found. The discovery defies expectations as astronomers believed giant black holes grow from collisions between galaxies and should correspond with the galaxy's size. . . .

Onward. [I suppose there is the occasional shepherded moon, that isn't ultimately shredded, by his planetary neighbors -- by keeping the proper. . . distance. So too, with some entwined hearts -- and (now less-entwined) lives. . . . With a Zoom extended-family game night, via Jackbox up next, in about three hours.] Smiling. . . but faintly, so.


The Staggeringly LETHAL Cost -- Of Blithely Believing Mis-Information, On REAL Bio-Science...

In matters of pandemic arrest / abatement, the trafficking in lies, or even just dubious information. . . clearly has lethal consequences. [While death rates nationwide are generally declining, it remains deeply troubling (to me at least) that so many are obviously dying. . . needlessly.]

Here's the scoop: NPR has just completed a post-hoc study, of the reddest-, versus the bluest-1,000 US county level COVID deaths related data. To be clear, this is not about causation, from voting GOP. This is about correlation.

That said, it seems inescapable that low vaccination rates in the reddest counties are being driven by belief in misinformation. And it seems equally clear that CDC messaging on vaccines is most widely accepted in the bluest counties. And, so -- death clusterings. . . follow those boluses / trends (see at above) -- and read this:

. . .NPR looked at deaths per 100,000 people in roughly 3,000 counties across the U.S. from May 2021, the point at which vaccinations widely became available. People living in counties that went 60% or higher for Trump in November 2020 had 2.7 times the death rates of those that went for Biden. Counties with an even higher share of the vote for Trump saw higher COVID-19 mortality rates.

In October, the reddest tenth of the country saw death rates that were six times higher than the bluest tenth, according to Charles Gaba, an independent health care analyst who's been tracking partisanship trends during the pandemic and helped to review NPR's methodology. Those numbers have dropped slightly in recent weeks, Gaba says: "It's back down to around 5.5 times higher. . . ."

I am genuinely puzzled as to how people like Candace Owens-Farmer and Alex Jones. . . are able to sleep at night, in view of the above. Puzzled -- and immensely saddened, that so many people are so. . . unflinchingly. . . gullible. To an increasingly lethal set of outcomes. Onward, just the same. Ever. . . onward.


Sunday Morning Backgrounder: The SECOND Reason I Think Pfizer's AND Merck's Covid Pills Will See "About Even" Deployments...

While the Pfizer pill is (in smaller-scale studies) showing better risk-of-hospitalization data [or, greater efficacy, of one prefers] than Merck's, it should be noted that most people, in ordinary clinical settings, who contract the more/most dangerous forms of the COVID symptoms often have multiple other health issues -- which is (in part) why it can become so dangerous.

This in turn, leads to a quandry -- with the Pfizer pill: it will likely require a "co-dosing" with an older HIV drug, one that more generally slows ALL drugs' break-downs, inside the human body. But that co-dosed drug also interacts negatively with many common medications.

So, if the patient is on high blood pressure medications, or on a renal drug, the Pfizer pill may not be suitable for a COVID viral outbreak, as it might cause wild swings in the dosing profile of these other meds, in that patient's body. Merck's Lagevrio® does not face this issue (due to a relatively-slight difference in chemical structure) -- so in these sicker, more "highly (other) medicated" Covid patients, it will more often be the drug of choice to avoid added risk of Covid hospitalizations. Here is some of the later learning, on it all:

. . .["A] requirement for Pfizer’s antiviral pill to be taken with ritonavir, a drug used to treat HIV, would make the treatment unsuitable for many people with pre-existing medical conditions, he added.

“Ritonavir, which has been used in HIV therapy for many years, is a drug that specifically inhibits the ability of the body to break down medicines,” said [Merck's] Barr. “The problem is that it’s incredibly non-specific. So there’s a whole host of medicines that people take, especially those medicines, unfortunately, that are associated with conditions that confer risk.”

A study published in the scientific journal Nature last week identified a “high overall frequency” of drug-to-drug interactions in high-risk Covid-19 patients in Spain treated with the antiviral drug lopinavir and ritonavir while in hospital. Such interactions were “alarmingly overlooked in the setting of the Covid-19 healthcare crisis,” concluded the authors of the study. . . .

So we should be confident that in younger, otherwise healthy people who get severe forms of Covid symptoms, the Pfizer pill will clearly be the go-to choice (i.e., a fairly unusual population of patients), but in cases where the sickest patients are on multiple other meds -- Merck's pill will likely be prescribed. Smiling -- into a quiet Sunday's fog, here. . . be excellent to one another.


Saturday, December 4, 2021

It Would Seem Clear That James O'Keefe -- And His Project "Veritas" -- Will Not Be Able To Permanently Keep The New York State Temporary "Prior Restraint" Ruling.

We were waiting for this -- last night -- but got distracted by the "Flight of the Crumbleys" drama (see prior reporting).

In any event, Mr. O'Keefe -- a long time right-wing political spying creeper, and a well-known fraudster. . . is about to see his short trip in the Sun. . . draw to an embarrassing close. He cannot stop real journalists from publishing -- not here in America. At most, he may collect damages, but only after the fact (of publishing) -- if the reporting is libelous, or otherwise violates local law. He will be unable to prove any of that. So. . . he loses, and soon -- thus (a very cogent Cahill, Gordon six pager, on how the law actually works, here):

. . .Project Veritas’s proposed remedy is, under well-settled law, an unconstitutional prior restraint on journalism. Project Veritas argues only that a statute, CPLR 3103(c), permits that prior restraint no matter what the Constitution says. That, of course, is not how the law works.

Prior restraints on journalism bear a “heavy presumption of constitutional invalidity,” National Broadcasting Co. v. Cooperman, 116 A.D.2d 287, 290 (2d Dep’t 1986), and are “the most serious and the least tolerable infringement on First Amendment rights.” Nebraska Press Association v. Stuart, 427 U.S. 539, 559 (1976). Not surprisingly, the only cases to address the clash between the First Amendment’s near-total ban on prior restraints and the attorney-client privilege unequivocally hold that prior restraints are not permitted, even when the material at issue is protected by the attorney-client privilege. See, e.g., Nicholson v. Keyspan Corp., 836 N.Y.S.2d 501 (Table), 2007 WL 641414, at *6 (Sup. Ct. of Suffolk Cnty. Feb. 28, 2007). . . .

Onward, but this dime-store hood will be run out of court -- federal and state. . . and perhaps liable for $750,000 in opposing counsels' legal fees. . . to the NYT. And that will make me smile, and smile. . . widely.


Friday, December 3, 2021

As I Said, Merck's Lagevrio® (molnupiravir) Will Be Fine...

I will not belabor this at any length, as both pills will be ordered in massive quantities, globally -- unless and until it is definitively shown that they won't work, at all, against Omicron or some future variant (unlikely in the extreme).

Here is the latest (by Tweet, no less), though both versions have yet to clear Canada's version fo the FDA, called Health Canada.

. . .NEW: Procurement minister @FilomenaTassi announces Canada is buying 1 million COVID anti-viral pills from @pfizer and 500k from @Merck, with option for up to 500k more. This is pending approval by Health Canada. . . .

Okay -- do be excellent to one another. I'm off the clock, now. . . .


[U: Fugitives?!] When A Dad Leaves A 9 mm Sig-Sauer Semi-Automatic Pistol, UNLOCKED -- With Ammo -- "Inside The Orbit" Of An Awkward 15 Year Old Boy, With Emotional Problems...

This may be slightly controversial, but in my opinion, it is entirely appropriate to charge these parents with involuntary manslaughter. [In my estimation, it is only "controversial" because we have (collectively) so rarely enforced these laws, as written -- against parents. But today, that changes.]

Despite what will ultimately be impotent, and irrational howling from the far-right, and the gun lobby (but I repeat myself) -- this may be the only way to stem school shootings by students: start holding their parents accountable, at least in cases of gross negligence / willful indifference, and in cases where local gun safety laws were plainly ignored, by these same parents. Here's the latest:

. . .Prosecutors in Michigan took a rare step on Friday by filing involuntary manslaughter charges against the parents of the 15-year-old accused of fatally shooting four students in the halls of Oxford High School, according to court documents.

The office of Karen D. McDonald, the prosecutor in Oakland County, filed four charges of involuntary manslaughter against James and Jennifer Crumbley, one for each of the students killed.

Law enforcement authorities say that Mr. Crumbley legally bought the 9-millimeter Sig Sauer handgun four days before his son used it to carry out the country’s deadliest school shooting this year. Hours before the attack, he and his wife met with school officials who were concerned about their son’s behavior.

It is unclear how their son, Ethan, obtained the handgun and brought it to school. But law enforcement authorities say he walked out of a school bathroom on Tuesday afternoon armed with the semiautomatic pistol and three 15-round magazines. . . .

The state law in Michigan required that weapon to be locked separately from any ammo, and the keys to be kept away from any minor, unless directly being supervised by an adult. See, Mich. Comp. Laws Serv. § 750.235a*. It would seem clear that law was broken, as the father only purchased the gun a week earlier. And the son had it in school, when called to a counselling meeting with his parents at the school the morning of the killings. This senseless killing must end. We must end it.

And if ultimately jailing parents. . . who ignore the law (for up to fifteen years) is required to do that, then so be it. Onward.



* Michigan also penalizes any person who, because of carelessness, recklessness or negligence. . . causes or allows any firearm under his or her immediate control to be discharged and kill or injure another person. Mich. Comp. Laws Serv. § 752.861.

Friday Trivia: The Merck / Federal Propecia® (Finasteride) MDL Will See No More Filings. Thus, Officially At An End?

We had covered this for well-over a decade. The money settlement was final a few years ago. But to the extent that newer individual cases arrived in the federal courts, they were to be transferred to Brooklyn, for handling under the multi-district litigation rules.

Now, while there are a few cases still pending in state courts around the nation, the federal MDL docket is. . . closed, per an order I am just now mentioning, but it was docketed in mid-October of this year:

. . .MDL Conditional MINUTE ORDER SUSPENDING RULE 7.1(a) -- Panel Rule 7.1(a), requiring notification to the Clerk of the Panel of potential tag-along actions, is hereby suspended in this litigation until further notice.

(Marziliano, August). . . .

Now you know -- onward, smiling into a fun-infused early holiday weekend of activities, even if the skies are gray. . . .


Thursday, December 2, 2021

Just To Make The Point A Lil' Clearer, On The "Sacklers' Oxy- Escape" Gambit...

Last night, we offered a look at the path to reopening the settlements by which the Sacklers are in the final throes of largely escaping with billions -- while holding both the shield of a bankruptcy protection against future suits -- and using it as a sword, to sever off the bulk of their wealth (and keep it), by transfers to offshore accounts (in a complicated series of tax minimizing transactions), between 2008 and 2018. Certainly by 2014, it was clear that there would be litigation, and that Purdue would likely be unable to pay in full. But the Sacklers kept draining it of cash, quarter after quarter. [Click the image to embiggify.]

Above is what the currently proposed payouts contemplate. Note that on Line 1 above, the "shareholders" are primarily the Sacklers. Note also that they have offshored over $10 billion from 2008 to 2018 -- to escape the reach of the bankruptcy statute, and private lawsuit plaintiffs.

I'll fall silent now, and await more from the able USDC Judge in Manhattan next week. Onward.


Wednesday, December 1, 2021

After Watching Rosario Dawson And Michael Keaton In An Excellent Hulu Series -- I've Found A Renewed Interest In the Sackler Family's Probable Misuse Of The Bankruptcy Statute. So Too Has A USDC Judge In Manhattan.

We may decide to follow this subsequent briefing closely now -- on these challenges to the Sacklers' final, non-personal bankruptcy-inducing settlement of all their liability for the US opioid crisis, while simultaneously avoiding any reduction in their life-styles -- due to off-shoring over $10 billion, from 2008 to at least 2018. The family got all the protection of a "fresh-start" bankruptcy, but without the surrender of the bulk of their assets -- as would any normal human debtor in bankruptcy (i.e., you and me -- the "little people"). No, us little people, in most states (except Texas) would have only $6,000 to our name after a "fresh start".

And so, as if on cue, an able USDC Judge in Manhattan is suddenly ready to look at whether this amounted to an abuse -- by the Sacklers, personally -- of the company called Purdue, and its trip through the bankruptcy courts. Here's that order -- from this very morning:


At the close of argument yesterday I invited the parties to weigh in in writing on a question I raised at the end of the day. Because it had been a long day, and because we had discussed so much, the question was inelegantly phrased.

The issue is this: In Metromedia, the Second Circuit cautioned against the approval of a release of third-party claims against a non-debtor because the granting of such releases is subject to abuse. And in Manville III, the Circuit indicated that the possibility of abuse was heightened in situations where the non-debtors condition their financial contribution to the debtor's estate on such releases. In re Johns-Manville Corp., 517 F.3d 52, 66 (2d Cir. 2008). From 1995-2007, Purdue only "upstreamed" enough money to the Sacklers to allow them to pay taxes and retain a relatively modest dividend for themselves. According to information provided by the Debtor, the Sacklers used 90% of Purdue's upstreamed earnings were used to pay taxes; just 10% of those distributions were retained by the family. Purdue kept the rest of its earnings in treasury.

From 2008-2018, this changed. During that period only 44% of the money that Purdue upstreamed to the Sacklers was needed to pay taxes on Purdue's earnings. 56% of those distributions were retained by the family. This change -- regardless of what occasioned it -- resulted in Purdue's having far less in its treasury when it declared bankruptcy than would have been the case had the family adhered to the prior distribution pattern.

I am struggling with whether this is something that a court can/should take into account in deciding whether the releases on which the Sacklers conditioned their financial contribution to the Debtors' estate are "abusive" in the Metromedia/Manville III sense -- especially in light of evidence in the record that the Sacklers were concerned about litigation risk during those later years and were being advised to adopt an "aggressive" plan of cash distribution during that period. I can't find any guidance in prior cases because, as far as I can tell, nothing remotely similar happened in any prior case. And as I told you yesterday, I don't think this has anything to do with whether the distributions to the Sacklers qualify as fraudulent conveyances.

I would very much appreciate your weighing in on this issue, both on its merits and on what it might mean in terms of the need for a remand to Judge Drain. As to the latter question, would your answer be different if there were a Stern v. Marshall problem (which is different from whether there is a subject matter jurisdiction problem -- I think the Debtor has pretty much resolved that issue to my satisfaction)? Finally, while I doubt that there is much of anything that anyone has to say on the statutory authorization issue that has not already been said, if, after yesterday's argument, you have thought of some new argument, feel free to bring it to my attention. I don't need (or want) additional briefing on any other issue. I would appreciate having your thoughts by next Monday morning at 9 AM at the latest. I would like to promise you an opinion next week, but I simply cannot, although I will try.

Please bring me up to date on the various deadlines that are presently in force. (Signed by Judge Colleen McMahon on 12/1/2021). . . .

Well -- this could be a real barn burner. [And, I am going to withhold any "shoot from the hip" analysis of today's Supremes' arguments. Let's wait to see what a five-four majority opinion actually looks like.]

Onward -- but sort of discouraging, to be sure. . . .


Tuesday, November 30, 2021

FDA Panel Recommends Merck's COVID-19 Therapeutic Candidate Molnupiravir (soon to be branded as Lagevrio®) -- For Higher-Risk Adults...

This is very-strictly. . . as expected.

To be sure, it is good news, for people who do get sick. And to be clear, I continue to think larger studies of the Merck v. Pfizer candidates, when compared, will yield more closely-similar / approximate outcomes data (we may be seeing the law of small numbers here) -- but let's give the minority view its say. The bit, then from The New York Times, just a few minutes ago:

. . .In the coming weeks, the F.D.A. may also authorize a similar pill from Pfizer that appears to be significantly more effective than Merck’s. Together, the arrival of the two easy-to-use treatments could provide a cushion against a resurgent virus.

The F.D.A. advisory panel, a group of experts on antimicrobial drugs, recommended that Merck’s treatment be authorized for people with Covid who are at high risk of becoming severely ill. That would most likely cover tens of millions of Americans who are older or have medical conditions such as obesity, diabetes or heart disease.

But the committee’s close vote reflected doubts about the pill’s effectiveness and concerns that it could cause reproductive harm. “The efficacy of this product is not overwhelmingly good,” said Dr. David Hardy, an infectious disease physician in Los Angeles who voted to recommend the drug. Still, he voted to recommend the drug. . . .

Onward, smiling -- to grill a likely final Chicago aged rib-eye of the year 2021. . . since the weather is cooperating. Be excellent to one another.


The Federal Multi-District APPELLATE Panel Proceedings In Cincy... Mean That These District Court Rulings, On The Vax Standard... Will Be Soon Swept Away...

Two separate federal judges today purported to enjoin the Biden OSHA vaccination measures.

But applicable federal law sets out that the already underway Sixth Circuit (appellate) multi-district consolidated action will make the final, and binding call.

That is, it is hard to imagine any plaintiff coming up with a claim not already set to be resolved in Cincy, by an able appellate panel. So, while these "enjoined" headlines will sell some newspapers in Louisiana and New Hampshire, tonight. . . they mean nearly nothing.

What matters is how soon the Sixth Circuit starts hearings, on the merits -- and that could now come by December 11 or so.

Do stay tuned -- but you may safely ignore the trial level courts. This WILL be decided by the Sixth Circuit, and then, Condor predicts -- a Supremes decision against that. . . will be highly unlikely. Onward.


While We Await A Verdict In Miami... Rep. Omar Graciously Follows Up -- And Rightly Calls Colorado's Boebert Out, As A Pattern Islamaphobe / Racist.

The intended "apology" call ended abruptly when Rep. Boebert would not publicly. . . apologize (to all Muslims of good faith), and then doubled down, on her racist invective. Rightly, Rep. Omar hung up on her. [This is an update to my holiday weekend post on the white nationalist moron Boebert, here.]

No person need listen to another's abusive invective -- when the representation was that Boebert was calling to express remorse. Now, she shall reap. . . the whirlwind, sez Condor. See at right -- but the most troubling aspect of all of this is that the official GOP position. . . is not to take any position on the ongoing, repeated pattern of hateful anti-gay, anti-Muslim, anti-gun-sanity invective from Boebert's on video, on record. . . remarks.

Rep. Boebert should not be allowed to claim a seat from Colorado. Her brand is to demonize any non-white, non-"Christian" and non-gun-toting person. . . she reads about, or encounters. F U G L Y.


Tangent: A Miami Jury Has Hinted (With Its Written Questions) That Craig Wright Will Lose -- And Lose Big: "Bye, Felicia/Fake-Toshi."

We've mentioned him here, before. And now, his time in the sun. . . is almost over -- thank goodness.

The jury sent out written questions (from the deliberation room) yesterday, and those powerfully suggest they have already agreed that Wright is liable to the Estate on some grounds, but are struggling with the size of the damages. [The NYSE will tread water today. . . as the world awaits more refined news, on whether current vaccines will meaningfully help us evade the Omicron variant. It does seem the pills will still have therapeutic effect -- if one contracts the variant -- but protection from this milder, yet more contagious variant may not come from the current crop of vaccines, according to Moderna's CEO.]

In any event, here is Coindesk, from the courtroom in Miami:

. . .The jury deliberated most of the day, but at 2:17 p.m. ET asked for a simple definition of the word “conferred.” The word is referenced in jury instructions, which explain that both plaintiffs in the case have asserted claims of unjust enrichment against Wright.

To prevail on this count, plaintiffs would need to have proven certain points by a preponderance of the evidence: that David Kleiman and/or W&K conferred a benefit on Wright; that Wright voluntarily accepted and retained that benefit; and that it would be inequitable or unfair for Wright to retain the benefit without paying the value of the benefit to the Estate of David Kleiman and/or W&K.

The jurors also sent a note asking, “How much of intellectual property does W&K currently have under the estate? Do we need to select an amount for bitcoin and intellectual property?”

They also asked, “When answering yes to a question requiring an amount, must we follow a certain formula or can we leave it blank? Many of us do not feel comfortable adjcating [sic] an amount. . . .”

Now you know — but it seems clear from these questions, that the jury will find against his improbable (and, in the opinion of this author, largely fabricated) narrative. In the end, the able USDC Judge Bloom May have to conform the verdict, to the law — on damages. Mr. Wright should be prepared to lose, and lose completely now.

Onward, smiling into the sunshine of a warmer morning, here. . . .


Monday, November 29, 2021

Power-Alley: I Think Citi's Pessimism... On Merck's Pipeline Is... Overwrought. Once Again -- As In 2016.

From ~$82.40, down to ~$75.05 on the NYSE this morning, just since late last week -- November 24, 2021. . . seems a bit of an over-correction. As I said over the long weekend, Merck's COVID pill molnupiravir (soon to be branded as Lagevrio®) will do fine -- and if it is true that the Omicron variant, while more contagious. . . is less lethal, the drug will likely see wide use to shorten / avoid hospital stays -- and be seen as very effective, since its approach should cover all variants (as should Pfizer's, given the similar approaches).

[Still, Citi sees Merck's 12 month price target. . . at $85. And in mid-2016, five years ago, the same firm had the target at $65 -- with a neutral rating as well (while worrying about the as then yet unapproved by US FDA pembrolizumab -- which turned out fine, now five years on).]

So -- over the longer haul, I see little risk of a crater, even if Keytruda® eventually goes generic, in about a decade or so. The COVID viruses. . . will be with us, and thus the vaccines and therapeutic drugs will be in high demand -- for most of the next decade, I would bet. In any event, here's a bit -- in fairness:

. . .Noting that the firm’s long-run thesis on the company was based on an undervalued pipeline with islatravir expected to overcome the loss of exclusivity of cancer drug Keytruda, the analysts have lowered the per-share earnings target by up to 10%. . . .

So -- as a Condor's "power alley" opinion® [Hah!], I would expect that the stock will return to above $80 a share, well before year end. Onward, smiling. . . into a gray but warming morning here.


Saturday, November 27, 2021

The Merck COVID Pill Will Do Fine -- As Will Pfizer's. The Real Message Is... GET VACCINATED: It's The Best First Line Defense.

Look, cutting hospitalizations / deaths by even 30 per cent is still. . . a huge win -- for people actually sick, with the virus. Merck's Molnupiravir will garner plenty of takers. This will not harm its fortunes, in any material longer term way. [Larger studies always reduce the numbers, a bit. It still. . . works.]

But you know what the real object lesson is? It is this: wherever possible, just avoid ever getting COVID -- in the first place. The best way to do that? Get vaccinated, and when you're age co-hort is eligible, get a booster. Wear a mask at your grocery. . . in sum, model safe behaviors. Make it a. . . habit. Here's the latest, from Reuters, yesterday:

. . .The drugmaker said its pill showed a 30% reduction in hospitalizations and deaths, based on data from 1,433 patients. In October, its data showed a roughly 50% efficacy, based on data from 775 patients. The drug, molnupiravir, was developed with partner Ridgeback Biotherapeutics. . . .

We won't really know how effective the two are, vis-a-vis each other, until we have around 10,000 patients on each one -- or 20,000 in total. And that is the way. . . real bio-science works. Onward, smiling into Saturday's chilly-sunset. . . but clear. Very clear -- almost luminously so. . . .


Of Small Battle "Wins" -- And Of Whole Wars, Likely Lost: Elizabeth Holmes' Defense Likely To win THIS One, But Lose The "War"...

She's had only a few of these -- ones that were objected to by the government, actually see admission into evidence. But this one will likely prevail. It is from 2015, and it shows Sunny pretty proactively seeking answers for why errant results on PSA levels were repeatedly seen in one test patient (albeit only after the patient's treating doctor complained, and demanded a refund).

But it does go to show that, in at least a handful of cases, the Sunny-Elizabeth duopoly did aggressively seek the answers. What it does not do, is even begin to hint at any remediation / repair plan (for the device, as required by FDA regs) -- nor does it in any manner explain why it took the two of them over a year to even obliquely suggest to the FDA that they were seeing off-target results.

That admission came only after non-voluntary site visits by regulators.

Of course, the relevant FDA rules required immediate submission of full, searchable data-sets on this score -- and it is not disputed that Theranos only ever provided a "locked, no keys" core dump. . . over a year too late.

And throughout, the pair was touting the device and raising hundreds of millions of dollars from various investors.

So -- in the end, this "win". . . isn't likely to amount to much.

Onward, grinning -- to baking and icing some holiday cookies today, with the next-gen babies.


Friday, November 26, 2021

After Joint NASA | ESA Review, Nothing Seems Amiss On Next-Gen Space 'Scope -- So December 22 Remains Targeted Launch Date...

We had earlier mentioned that a metal clamp band had snapped, in assembling the capsule to the rocket -- violently shaking the entire structure.

But a review has confirmed the mission is go for fuel up, and thus, for its original launch date.

. . .Engineering teams have completed additional testing confirming NASA’s James Webb Space Telescope is ready for flight, and launch preparations are resuming toward [redacted's] target launch date of Wednesday, Dec. 22, at 7:20 a.m. EST.

Additional testing was conducted this week to ensure the observatory’s health following an incident that occurred when the release of a clamp band caused a vibration throughout the observatory.

On Wednesday, Nov. 24, engineering teams completed these tests, and a NASA-led anomaly review board concluded no observatory components were damaged in the incident. A “consent to fuel” review was held, and NASA gave approval to begin fueling the observatory. Fueling operations will begin Thursday, Nov. 25, and will take about 10 days. . . .

Now you know. . . family times are the. . . sweetness, and spice, of our life-times. Smile. . . .


[U] Lauren Boebert (R., White-Separatist-Stan) Should Resign. She Is Manifestly UNFIT To Represent The Centennial State.

She now claims it was a joke (at a Colorado Thanksgiving Day appearance -- video of it, now available on Twitter -- see the links in comments, below). It was not -- it is a core part of her on-brand belief structure (for her), and her small band of constituents, steeped in hate.

She is. . . a malignant cancerous growth, on the face of America. Before, hidden under the belly, now her hatred arrives in public, and unbidden -- for all the world to see. Here is The Guardian (UK) on it, but a censure is inadequate. Hell, I may just move to my other place in Colorado for six months, just to work to have her ousted by the voters:

. . .She made the comments about Omar in her home district over the Thanksgiving break.

“Actually I have an Ilhan story for you,” Boebert told an audience, to laughter. “So, the other night on the House floor was not my first ‘Jihad Squad’ moment.

“So I was getting into an elevator with one of my staffers. You know, we’re leaving the Capitol and we’re going back to my office and we get an elevator and I see a Capitol police officer running to the elevator. I see fret all over his face, and he’s reaching, and the door’s shutting, like I can’t open it, like what’s happening. I look to my left, and there she is. Ilhan Omar.

“And I said, ‘Well, she doesn’t have a backpack, we should be fine.’

The audience laughed and applauded.

“We only had one floor to go,” Boebert continued. “I said, ‘Oh look, the Jihad Squad decided show up for work today.’. . .”

What a piece of wasted human potential. . . is Boebert.


Parker Is Travelling Fast Enough To Go From Earth To The Moon In UNDER An Hour (Apollo Took Three Days)...

As of November 21, the Parker Solar speeder had hit her midpoint, in this tenth pass relatively near the Sun (at 5.3 million miles out). She is traveling at a jaw-dropping over one-third of a million miles an hour, now.

She will continue to tighten her orbital loop, using Venus from time to time for a gravity-assisted slingshot effect, or later, to slow down, and let her "fall in", closer to Sol, through 2023. She continues to perform flawlessly, and will download this latest data -- from late December to early-January. Here's the latest from NASA:

. . .The close approach (known as perihelion), also at a record distance, occurred at 4:25 a.m. EST (8:25 UTC), with Parker Solar Probe moving 364,660 miles per hour (586,864 kilometers per hour). The milestone also marked the midway point in the mission’s 10th solar encounter, which began Nov. 16 and continues through Nov. 26. . . .

Onward, ever onward. . . into that "undiscovered country" -- the future -- grinning.


Thursday, November 25, 2021

The Stay -- Either Way -- Will Be Consumed By Merits Briefing Very Soon: Sixth Circuit Will Move Swiftly, Even En Banc, Condor Predicts...

The able lawyers now appearing in the Sixth Circuit -- for OSHA -- are rightly pinning Texas Gov. Abbott into a LOT of near-term midnight oil burning. . . to get to the merits (forget the stay, overall) -- within a week or so.

It makes sense -- the cases are all consolidated in Cincy, so time to just decide: does OSHA possess this power, or does it not? Either way, a new wave of COVID-variant cases are engulfing large swaths of the nation. . . RIGHT NOW. It is time to act -- and act swiftly -- even if the Sixth Circuit is inclined to make this a 20 something judge hearing (en banc). Here's the latest overnight OSHA motion -- and it is nearly certain to be granted in substantial part:

. . .Any responses seeking to defend or extend the stay must be filed by December 2. . .

The government also requests that the Court set an expedited briefing schedule on the merits now, before resolving any pleadings related to the stay or any petitions for initial hearing en banc. Given the exigent circumstances that led to OSHA’s promulgation of the emergency temporary standard—and that persist and are now worsening -- swift resolution of the petitioners’ challenges to the Standard is warranted. The lives and health of thousands of American workers are at stake. The government is prepared to file the certified index of record immediately. The government proposes the following schedule:

Petitioners file opening [merits] briefs by December 8
. . . .

We shall see. . . with turkey in the oven (since 8 am). . . dinner at three. . . with 15 happy faces to feed -- Smile. . . .