Saturday, April 4, 2026

The "Shake-Out/Trouble Shooting" Run, To The Moon... Is Revealing A Need To Boost The Output Of Internal Heaters, And Slow Down The Cooling Fans, Inside Orion/Artemis II...


This is a new ship -- one that has never carried a crewed mission to deep space / the Moon, before. So it is expected that a chunk of the mission will include fiddling with the nobs and twiddly bits -- to get all the creature comfort kinks worked out.

But live on YouTube streaming yesterday, the crew pointed out that they were working with Houston to slow the speed of fan/blower cycling. . . and boost the [presumably electric] heater coils' output -- to take into account that the skin of Orion gets chilled to below minus 220 degrees Fahrenheit. [Think of this like a jet's cold air flow, flying trans-Atlantic -- but vastly amplified; not negative 50 -- negative 220.] That would certainly make for a chilly night, in space.

In the mean time, everyone is definitely wearing their. . . woolies.

Even so, Astronaut Victor Glover went so far as to suggest, for the next crewed mission, that the sleeping bags be more like "Himalayan grade" down-fill, rather than the lighter poly-filled ones presently onboard.

This is what shake-out missions are for, indeed. Godspeed, Artemis!

नमस्ते

Had He Lived, This Would Be Dr. King's Ongoing Fight -- As Well. Judge Cummings Excoriates ICE -- In Chicago Federal Court, Overnight.


I won't summarize this in any detail, but the ICE-lawyers were just admonished by USDC Judge Cummings, in Chicago -- for "repeated defiance" of the court's orders, while Bovino was in charge.

Do read all six pages, as this is the latest in a federal class action pending here since 2018 -- and the time of Trump 1.0:

. . .[D]efendants (until their recent defiance of the Court’s Order and the filing of this motion for clarification) have acted consistently with their understanding that the Broadcast applied nationwide. In particular, “on June 11, 2025, ICE’s Principal Legal Advisor ‘unequivocal[ly]’ dictated to all ICE officers nationwide that the Broadcast ‘remains terminated’ and has been ‘rescind[ed].’” Escobar Molina v. U.S. Dep’t of Homeland Sec., 811 F.Supp.3d 1, 48 (D.D.C. 2025), quoting Castanon Nava v. Dep’t of Homeland Sec., 806 F.Supp.3d 823, 860 (N.D.Ill. 2025) (emphasis added). After this Court ordered that the Broadcast be reissued to ICE officers nationwide with the instruction that it should remain in effect until February 2, 2026, Nava, 806 F.Supp.3d at 863, defendants complied with this order and filed a certification of compliance with no request for clarification. (Dckt. #224).

[C]ounsel for defendants in other litigation outside of the Chicago Area of Responsibility have represented to other federal district courts that the Broadcast was the policy governing warrantless arrest for ICE officers in their jurisdictions. See, e.g., Ramirez Ovando v. Noem, No. 1:25-CV-03183-RBJ, 2025 WL 32923467, at *2–4 (D.Colo. Nov. 25, 2025). . . .


Now you know -- and, this would all be Dr. King's daily work, had he lived on to a ripe old age. You and I both know it.

नमस्ते

Once Again -- In Maryland -- Abrego Garcia's Legal Team Is Busting The Federales' -- And Their Lies In Court...


Mr. Abrego Garcia's legal team pretty much has the DHS/ICE team pinned, in the Maryland federal trial courts -- on habeas.

Overnight, the team asked USDC Judge Xinis to order limited document production, and discovery -- into proving that (once again!) the Trumpians have filed false sworn statements in court, to try to dissolve her injunction and deport Mr. Abrego Garcia to. . . Liberia. Someplace he faces torture and starvation -- and a place with which he has no connection.

In addition, the team could thereby prove that the Trumpians are/were lying under oath, about (the supposed non-existence of) Costa Rica's existing "open arms" policy (as to Abrego Garcia, at least) -- a place Abrego and his family could decamp to, until the Tangerine regime is at an end.

Here's that -- and a bit, of the sharp end of the spear:

. . .The Government now asks this Court to dissolve its injunction based on a memorandum and a declaration that rest on the same types of inconsistent and uncorroborated factual statements that have proven false in earlier phases of this litigation. Good cause therefore exists to take discovery to test the veracity of the factual assertions in the Lyons Memorandum and the Schultz Declaration.

Petitioner’s proposed discovery is closely calibrated to the specific factual claims the Government has placed at issue through its own submissions. It is limited to a discrete set of materials and testimony needed to evaluate those claims—namely, the facts underlying the Lyons Memorandum and the Schultz Declaration relating to Petitioner’s removability to Costa Rica and Liberia.

Responding to the document requests will not require searches of electronic communications across ICE, DHS, or the State Department generally. Rather, these materials are readily known to and held by specific agency officials who have already been identified in this litigation.
Any legitimate concerns regarding purportedly sensitive diplomatic information can be addressed through protective orders and by closing the courtroom for any sensitive testimony, as has been done previously in this litigation. . . .


Now you know -- onward, resolutely -- and do root for the underdog, Illinois, tonight!

नमस्ते

Friday, April 3, 2026

With Trump Going After What He Falsely Calls "Woke" Governmental And Private Programs... It Is Important Tomorrow To Remember... Dr. King Literally Gave His Life For Them.


The NYT is running a story tonight, on Trump's renewed effort to attack anything that might let less fortunate people get even a toe-hold -- in our economy. . . still by far, the most vibrant, and strongest -- on the planet.

It is important to note that everything Trump says about what he calls "woke". . . is a bold-faced lie.

It is important to note that, at base -- it is simply his thin veneer. . . to dress up his openly racist-, and misogynistic- world views. We must. . . peacefully. . . resist.

That is what Dr. King would have urged -- and that is ultimately, what got him killed -- seeking a toe-hold, for brown and Black garbage pickers, in Memphis -- simply seeking living wages. Do not buy Trump's ugly lies. Here's some of the NYT's coverage:

. . .Trump used his proposed budget for next year to continue his aggressive targeting of federal programs aimed at promoting diversity, helping Black and Hispanic students, and boosting minority-owned businesses, all initiatives the president derides as “woke.”

In section after section of his budget request, Mr. Trump sought to cut programs he connects to diversity, equity and inclusion programs. . . . The proposed cuts, which are tiny compared with the $1.5 trillion budget he suggested for the military, reflect the president’s focus on stamping out federal initiatives created to support disadvantaged groups. . . .


The small gains won, by Dr. King, in short, as well. To honor his legacy -- do go out and resist this.

All as he seeks $1.5 trillion, with a "T" -- for warring, and wishes to cut all aid programs by another 10% across the board.

Damn. Onward, resolutely -- just the same.

नमस्ते

More People Without Papers To Be Added To The Ms. L Class Action -- And To Be Released From ICE Custody, In San Diego -- By USDC Judge Sabraw


It does seem. . . somehow appropriate -- to post this on a Good Friday, 2026. The able USDC Judge Sabraw has repeatedly insisted that Tangerine 1.0 and 2.0 respect the rule of law -- insofar as it applies to all people present on US soil. I commend him for this -- history will write him, and Judges Dolly Gee and Jon Tigar, down as both patriots, and heros. [My backgrounders (probably 30 of them on this litigation, over the last eight years -- use the search box for "Ms. L") include this one, here -- of five years ago.]

Now, we await the briefs -- on this next phase -- over these eight years, of rumbling federal class action litigation:

. . .The Court is in receipt of Plaintiffs’ motion to release Class Members and Qualifying Additional Family Members.

After reviewing the motion, the Court orders Defendants to file a response on or before April 9, 2026. If Plaintiffs wish to file a reply they shall do so on or before April 13, 2026.

In the briefing, the parties should address whether the individuals at issue in the motion have filed habeas petitions challenging their detention, and if so, the outcome of those proceedings. Oral argument, if any, shall be set after the Court has reviewed the parties’ briefs.

IT IS SO ORDERED.

Dated: April 2, 2026. . . .


Onward resolutely, into a gray and quiet Good Friday afternoon. Smile.

नमस्ते

Thursday, April 2, 2026

Bloomberg Reports That Singapore Has Seen Two "Hybrid" Cases Of Mpox -- But The Portion Of The RNA Emblematic Of Clade 1b... Is Of Most Concern...


We just keep banging this drum: without USAID to help track, trace and arrest this latest hybrid. . . the whole world will soon be at risk, as it spreads. And it will. . . spread.

That is what viral vectors. . . do. Here's the latest from a paper in Southeat Asia / Singapore [but it was Bloomberg ($$ subs. req.) that first identified these cases as stemming from the "hybrid" variant.]

. . .Singapore has confirmed its first locally transmitted cases of mpox, the Communicable Diseases Agency (CDA) said on Thursday, April 2, 2026.

The two cases -- both men aged 30 and 34 -- are also the country's first reported infections of the more serious clade 1b variant, but also showed positive test results, bearing some RNA from the older Clade 2 strain, as well. . . .

Both are believed to have been infected through sexual contact and are in stable condition.

“As mpox is predominantly transmitted through intimate or prolonged physical contact, including sexual contact, the risk to the general public is currently low,” CDA said in a media release. . . .

The first man developed symptoms on Mar 26 and sought medical care on Mar 31. His infection was confirmed on Apr 1. He has been placed on home isolation until Apr 21.

"Investigations and contact tracing are ongoing for both cases," said CDA.

"Their close contacts have been advised to monitor their health and seek medical care if they are unwell. High-risk contacts will be recommended mpox vaccination as post-exposure prophylaxis. . . ."


Now you know -- and here's to hoping that the four members of the Artemis II crew enjoy a sweet (event free) ride -- to the moon and back -- over the next nine or so days. . . smile.

नमस्ते

It Turns Out That The Engine Running The Artemis II Capsule Now, Was Contributed By... The European Space Agency. Cool. [With A Digression.]


And. . . after a warning light on the capsule's toilet this morning, all is back to normal bio-ops, inside.

It apparently was just a software glitch (all resolved), but it allows me to run a favorite 'Xmas Vacation' gif, at right.

Please forgive me the middle-school vulgarity. Ahem.

Anyhoo -- here is more serious, and more sober science -- from ESA:



Onward -- grinning.

नमस्ते

Rahway To Run A Phase 2b/3 Clinical Trial, On MK-8748 / Tiespectus -- For Wet Macular Degeneration...


This continues to mark progress, on one of the more important of Merck's other recent candidate acquisitions, toward ultimate FDA approval.

We will watch the outcomes closely, as diabetic / wet macular degeneration is a very high-burden condition in the US and Europe. Here's the latest, out of Rahway:

. . .Merck today announced the initiation of a pivotal Phase 2b/3 trial evaluating MK-8748 (also known as Tiespectus), a novel investigational bispecific antibody that directly activates Tie2 signaling and inhibits vascular endothelial growth factor (VEGF), for the treatment of neovascular (wet) age-related macular degeneration (NVAMD).

The study, known as MALBEC, is the first trial of a broader late-phase development program for MK-8748, with a second study in NVAMD scheduled to begin this year (NCT07496567). The decision to advance into pivotal studies is based on results from the Phase 1/2a RIOJA trial (NCT06664502), a two-part study evaluating MK-8748 in patients with either NVAMD, macular edema secondary to branch retinal vein occlusion (BRVO) or diabetic macular edema (DME). . . .


Now you know -- onward, on a rather chilly gray day, here.

[And that seems apropos, as I lost my fifth-youngest brother on this day, exactly six years ago, to COVID-19 -- right at the start of that awful US epidemic.]

नमस्ते

All "-Pox" Blood Testing At Federal Level Is Being Returned To The Individual State Health Authorities -- Due To DOGE/Tangerine 2.0 Cuts... Ugh.


As we are all certainly well-aware, the goal of having one central federal agency conduct public health outbreak screening tests. . . is to ensure that we are uniformly applying rigorous science -- in a timely manner, to mistake proof the effort, across the vast 50 separate States.

A missed (or delayed) assay in Alabama (for example) could plausibly result in an epidemic, throughout the Southeast, and beyond. But due to Trump cuts, the CDC must now return responsibility to each state -- for testing for suspected cases of rabies, chicken-pox, measles, small-pox, mpox and mumps and rubella, among others. Damn.

Here is the NYT on it all, overnight:

. . .The diseases were removed from a list of tests the agency conducts for state and local health departments. Experts worry that with drastic staff reductions, the testing may not resume. . . .

The Centers for Disease Control and Prevention has temporarily paused testing for rabies and pox viruses, the family of viruses that includes smallpox and mpox, according to an update to the agency’s website on Monday.

The C.D.C. offers testing for dozens of pathogens to assist state and local public health laboratories that are not equipped to conduct them. The organization began evaluating its tests in late 2024 as part of an agency-wide review.

But widespread layoffs, hiring freezes and resignations have shrunk the number of qualified scientists who can assist state labs. The C.D.C.’s rabies and pox virus teams have lost many of their members. By July, the rabies team will be down to just one person with the clinical expertise to advise state and local officials, and the pox virus team will have none. . . .


What a dark and senselessly self-destructive time we find ourselves in, indeed -- due to an exceedingly poor choice in leadership. Damn.

नमस्ते

Wednesday, April 1, 2026

Doctors Without Borders Presses Gilead -- To Provide Much More Of The (Discounted Price) Wonder HIV Drug Lenacapavir, For The Emerging Markets...


This seems like one "access" argument Gilead could afford to bend a lil' on.

The twice a year drug will make tens of billions in each year, in the post industrial world, for several years, now.

And in any event, with generic versions coming into at least some markets in about a year, Gilead could let Africa and South America receive near generic pricing. . . today. The doctors' charitable group is right: these vast advances in standard of HIV care should be made as widely available as possible. [Much like the river blindness drug Ivermectin, which Merck has made available for free in Africa for decades now.]

My buddy, Ed Silverman is excellent on this timely topic (but just FYI, that is a paid subscription link -- for Stat subscribers, only). And so, here is the original MSF letter, to Gilead's CEO, Daniel O'Day:

. . .Both the pace of the current lenacapavir rollout and the scope of ambition for future scale-up fall far short of what the moment demands and the needs of the world’s most marginalized communities. The plan to reach 2 million people over three years is a fraction of the estimated need. When requests for purchase are refused, access is restricted, and prices remain secret, it is hard to believe Gilead is committed to equitable access rather than maintaining control over the product for maximum profit. . . .

MSF currently accesses a limited number of lenacapavir doses through the Global Fund, which Gilead has supplied with enough lenacapavir for 2 million people over three years. This is currently the only avenue available to us. Gilead has indicated that this is all the supply available for low- and middle-income countries (LMIC) until generic versions come online in 2027. . . .

We call on Gilead to respond by April 13, 2026 clarifying:

Whether you will sell lenacapavir directly to MSF?

If not, why, given your stated production capacity?

If yes, at what price and how soon can delivery begin?

The health of many people depends on your answers to these questions. . . .


Indeed -- and, onward, grinning -- with our crew headed out, toward the Moon, with a "Wiley E. Coyote" move (and one to get back home!). Smile. . . .

नमस्ते

[U, X2: Success -- In High Orbit!] We Are (Again) Less Than Two Hours -- From Launch Time... Will The Artemis II Crew Get Their Rocket -- To Circle The Moon? We Shall See...


UPDATE: At the 1:54 mark, the team has identified an issue with the emergency Flight Termination System software. They are seeing unexpected readings, and so the solution is to go pull a piece of hardware that was last used "live" during the Space Shuttle era, and see if it confirms that these readings are nominal -- or okay to go, for flight. Wow. I suspect the window is going to slip a bit. Do stay tuned, to the YouTube Live, below. End updated portion.

The best news so far is that there have been no "call outs" -- or unscheduled holds, either -- relating to tanking / hydrogen leak issues.

And the launch "window" is ample. . . at least two hours -- about two hours, from now (1 hour and 58 minutes, actually) -- or around 6: 20 pm Eastern.

We wish the crew -- and the brilliant working scientists and engineers at NASA. . . all the best.

I will be off grid when the launch window actually opens, but will report, later tonight -- either way. Onward.

नमस्ते

Berlin, Germany Now Seeing 'Locally Spreading' Mpox Clade 1b Outbreak: 35 Men Are Ill...


Well, we all knew this might come -- viral vectors bear Darwinian imperatives, too. The communities at risk need to be more vigilant, as well. Still -- we hold out hope -- that wider vaccination protocols. . . will arrest this outbreak.

Here is the disappointing news, out of Berlin -- from CIDRAP:

. . .A rapidly expanding cluster of mpox caused by clade 1b virus has been identified among men who have sex with men (MSM) in Berlin, Germany, according to a rapid communication published last week in Eurosurveillance. Of the 35 identified cases from December 2025 to last month, 34 were most likely acquired locally.

The sharp increase in locally acquired infections marks a shift from historic patterns in which most mpox cases in Europe were largely travel-related. Clade 1b of the mpox virus (MPXV) was newly identified in the Democratic Republic of the Congo and several other countries in East and Central Africa in 2023. . . .


Tough news, indeed. But onward, now -- to see whether Artemis II has solved the tanking / liquid hydrogen leaks problem, around this noon-time, Eastern.

नमस्ते

Tuesday, March 31, 2026

And, Good News For PBS And NPR -- From The Able USDC Judge Randy Moss, In DC...


I won't belabor it -- but Tangerine 2.0's lame-a$$ effort to punish journalists he disfavors. . . was dealt another [likely lethal] blow, today.

He will doubtless appeal. But that too will fail. Here's a bit, but do go read all of the 60-plus pages:

. . .These consolidated cases raise the question whether the First Amendment permits the executive branch to put an end to all federal funding across agencies and programs for two private entities -- here, National Public Radio (“NPR”) and the Public Broadcasting Service (“PBS”) -- merely because, in the President’s view, “neither entity presents a fair, accurate, or unbiased portrayal of current events.” Ending Taxpayer Subsidization of Biased Media, Exec. Order No. 14290 § 1, 90 Fed. Reg. 19415 (May 1, 2025) (“Exec. Order”). . . .

The President may, of course, engage in his own expressive conduct, including criticizing the views, reporting, or programming of NPR, PBS, or any other news outlet with whom he disagrees. The government may also fund its own speech and may fund government programs that promote specific perspectives on issues of public importance, and it may decide which views or perspectives to convey -- and which not to convey -- in any such government speech or program. And it may impose limits on federal grants to ensure that they are deployed to further the legitimate purposes of the program and may pick and choose among applicants based on legitimate criteria. But the First Amendment draws a line, which the government may not cross, at efforts to use government power -- including the power of the purse -- “to punish or suppress disfavored expression” by others. Nat’l Rifle Ass’n of Am. v. Vullo, 602 U.S. 175, 188 (2024).

As the Supreme Court and D.C. Circuit have observed on more than a dozen occasions, the government “may not deny a benefit to a person on a basis that infringes his constitutionally protected. . . freedom of speech even if he has no entitlement to that benefit.” E.g., Agency for Int’l Dev. v. All. for Open Soc’y Int’l, Inc., 570 U.S. 205, 214 (2013).

Executive Order 14290 crosses that line. It does not define or regulate the content of government speech or ensure compliance with a federal program. Nor does it set neutral and germane criteria that apply to all applicants for a federal grant program. Instead, it singles out two speakers and, on the basis of their speech, bars them from all federally funded programs. . . .

Because the First Amendment does not tolerate viewpoint discrimination and retaliation of this type, the Court will issue judgment against the federal agency defendants declaring Section 3(a) of the Executive Order is unconstitutional and will issue an injunction barring those defendants from implementing it. . . .


Excellent!

नमस्ते

"Missing", At Mars: Maven Mission Update. [Not Good News.]


We have reported on this before -- it is almost certainly. . . end of mission.

And, I am rather skeptical that we will ever learn the root cause of the loss of signal in early December 2025.

And so, consequently, I am pretty sure we won't ever "get eyes on" the Maven craft, again. She flew, and flew well -- long beyond her expected life. And that may be all we will ever know. Here's the latest, from NASA, on the Barsoomian happenings:

. . .NASA Anomaly Review Board Investigates MAVEN Loss of Signal

A NASA anomaly review board, convened in mid-February, is evaluating the recovery efforts undertaken for the agency’s MAVEN (Mars Atmosphere and Volatile EvolutioN) spacecraft orbiting Mars. The spacecraft was last heard from on Dec. 6. The board also will assess the probable current state of the spacecraft and the likelihood of its recovery. . . .


So it goes. Keep a good thought -- for Artemis -- mañana. . . [check for updates, out of Canada, on Artemis -- here] smile.

नमस्ते

Trivia: I Don't Care How Kristi Noem's Husband Presents, Or Otherwise Decides To Dress -- Among Fellow Adults... But I REFUSE To Believe She Had "No Idea" -- And Was "Blindsided".


This is truly. . . trivial -- except for the STAGGERING hypocrisy, of it all.

How he dresses on Tinder and/or Grinder, or wherever it was, or elsewhere (in real life). . . is his business, alone. And even though it may not be exciting to me, personally. . . he should plainly keep the right to present as he pleases. But c'mon, man -- the vetting by NSA would have found this very public profile, well before when she was appointed. [Or even before -- during her stint as Gov. in the Dakota territory. To a certainty, everyone at the top of Trump World would have been briefed. Period.]

So. . . where I come up short is. . . how often these supposedly-Bible believing MAGA nuts. . . lose their lil' minds, about someone cross-dressing -- refusing an adult's right to be themselves. And. . . then, for Kristi to ask for "prayers" because her family has been "devastated" by this. . . is just utterly. . . non-plausible.

She knew. She didn't care -- until it became a liability to her credibility inside the top of MAGA World. What a pile of deplorables these people all are. Man, oh man. Or. . . woo-man. I. Don't. Care. Out.

नमस्ते

Even After Mom Recovered From Ebola -- The Virus Was Still Detected In Her Breast Milk, For Weeks After... Babies Should Avoid.


This is yet another note of caution: we still do not fully understand when -- or how -- to declare people who recover from Ebola exposure. . . virus free -- and safe.

Here's CIDRAP, with the NEJM latest:

. . .The Ebola virus (EBOV) might persist in breast milk for weeks after maternal recovery, according to a letter in the New England Journal of Medicine. . . .

EBOV RNA persisted in the placenta and breast milk. To reduce the infant’s risk of contracting the disease, researchers kept the mother from breastfeeding and gave a prophylactic (preventive) monoclonal antibody to the newborn. During follow-up, the infant exhibited no signs of infection.

Ongoing testing showed that the mother’s blood remained negative, but viral RNA was still detectable in breast milk at 14 weeks after illness onset. To protect the newborn from transmission, clinicians used the drug bromocriptine to suppress lactation.

While the authors call for further studies and the use of viral culture to better assess infection risk, the findings suggest the potential for mother-to-child transmission while breastfeeding. Current World Health Organization guidance recommends that Ebola survivors avoid breastfeeding until viral clearance is confirmed. . . .


Now you know -- we must accept that these viral vectors are quite hardy. Go now, and do be excellent to one another. . . as we all know that one way to avoid having to discern when the virus RNA has cleared, is to vaccinate, and never get Ebola in the first place. To conduct wide public vaccination campaigns, in all affected geographies. Onward.

नमस्ते

Power Alley: Merck To Spend Up To $838 Million, With Infinimmune, To Get "First Refual" Rights -- On Human Memory B Cell Antibodies...


The Rahway company continues to invest in its 2030s future, here getting a first look at Infinimmune's high value antibody targets for various diseases (both viral and cancerous) -- to become candidates for therapies or vaccines.

Here's the latest, from Fierce Biotech:

. . .Merck & Co. is rounding out its March deal flurry with an antibody discovery pact that could be worth as much as $838 million.

The New Jersey pharma is tapping Infinimmune to hunt for antibodies for as-of-yet undisclosed targets. The $838 million total comes from an undisclosed upfront payment and future potential milestone payouts, according to a March 31 release. Once Infinimmune identifies a potential antibody under the deal, Merck will have the exclusive right to take over development and commercialization.

Infinimmune’s platform uses a large dataset sourced from human memory B cells, which the company believes makes its antibody candidates already primed to become new drugs. . . .


Onward, grinning. . . .

नमस्ते

The Nancy Grace Roman Space 'Scope: Fully Assembled!

This wide field, deep space mapping telescope will be ready for lunch as early as September 2026 -- but will launch no later than Spring of 2027. It truly is a marvel of fine engineering.

And, in yet another echo of "Hidden Figures", this will be the first space telescope ever named for a woman. We have mentioned it on and off over the last decade, as our regular readers will know. Here's the latest, from NASA:

. . .The Roman observatory is slated to launch no later than May 2027, with the team aiming for as early as fall 2026. The mission will revolutionize our understanding of the universe with its deep, crisp, sweeping views of space.

More than a thousand technicians and engineers assembled Roman from millions of individual components. Many parts were built and tested simultaneously to save time. Now that the observatory is assembled, it will undergo a spate of testing prior to shipping to NASA's Kennedy Space Center in Florida in summer 2026. . . .


Onward, smiling -- into a beautiful new Spring morning. Even in these times of darkness, there are many reasons to smile and greet the day. Our advancing knowledge of interstellar space, chief among them:



[To be clear, I wish the Artemis crew all the best -- but I just see scant valid scientific reasons, to risk these crewed Moon missions -- other than 1600 Penn's insatiable hubris, for a 250 video show. Out.]

नमस्ते

Monday, March 30, 2026

The Plaintiffs Will Now Likely Get To Trial, In DC US District Court, On Whether Trump Needed The Senate's Consent, In Order To Put Musk In -- To Head DOGE. Sweet.


In DC, the very capable USDC Judge Tanya Chutkan published a 31 page opinion, last week -- explaining how and why Musk and Trump acted lawlessly last Spring. [Just one of several of my backgrounders, here.]

Do read it all -- but here is a bit:

. . .The Appointments Clause is concerned only with the appointment of officers. See New Mexico, 784 F. Supp. 3d at 199 (“To state an Appointments Clause violation, a plaintiff must allege that an ‘Officer of the United States’ has not been constitutionally appointed.” (quoting U.S. Const. art. II, § 2, cl. 2)). The Clause “cares not a whit” about the appointment of “nonofficer employees”—the “lesser functionaries” who make up the vast bulk of “the Government’s workforce.” Lucia v. SEC, 585 U.S. 237, 245 (2018); see also Freytag, 501 U.S. at 880 (nonofficer employees “need not be selected in compliance with the strict requirements of Article II”). But contrary to Defendants’ contention, Plaintiffs have adequately pled that the head of DOGE is an officer of the United States. “In the constitutional context, an ‘officer’ is someone who”: (1) “‘occupies a continuing position established by law,’” and (2) “‘exercises significant authority pursuant to the laws of the United States.’” Al Bahlul v. United States, 967 F.3d 858, 869 (D.C. Cir. 2020) (quoting Lucia, 585 U.S. at 245). The Complaint sufficiently alleges both.

. . .Plaintiffs have adequately pled that the head of DOGE occupies a continuing position. A position is “continuing” when it (1) is “not transient or fleeting,” (2) is “not personal to a particular individual,” and (3) carries out duties that are “more than incidental to the regular operations of government.” United States v. Donziger, 38 F.4th 290, 297 (2d Cir. 2022). Although a continuing position cannot be transient or fleeting, it need not be permanent. . . .

Plaintiffs have also sufficiently pled that “the position is not personal to a particular individual.” Donziger, 38 F.4th at 297. Although DOGE is most closely associated with its first leader, Elon Musk, the Complaint alleges that Musk led DOGE as a special government employee, a position he was required to vacate after 130 days. See Compl. ¶ 36; see also 18 U.S.C. § 202(a) (defining a “special government employee” as “an officer or employee” who cannot serve for more than 130 days a year). Given that DOGE will exist for at least 18 months, Plaintiffs have sufficiently alleged that “the position [of DOGE’s leader] is not personal to Musk” and does not disappear after he leaves government. New Mexico, 784 F. Supp. 3d at 201; see also Donziger, 38 F.4th at 297 (a position does not “depend on the identity of the person occupying it” if that individual “could be replaced without the duties of the position[] terminating”). Plaintiffs’ Appointments Clause claim may thus lie against whoever succeeds Musk in leading DOGE. See New Mexico, 784 F. Supp. 3d at 201; see also Fed. R. Civ. P. 25(d). . . .


Now you know -- and now. . . I do wish he was in that spacesuit, and Tesla red roadster (legacy graphic at lower left). Onward, as sanity makes a comeback. . . grin.

नमस्ते

Several Regulatory Warning Letters, To Major Bio-Pharma Concerns, During March 2026. That's News, Under Tangerine 2.0.


To be fair, Iovance, Novartis and BMS all received similar biological/pharmaceutical letter warnings, from FDA's CBER.

The point of the spear then, is that even under Tangerine 2.0, the working parts of FDA (CBER) will expect major biopharma- to be careful -- in what each claims, in its marketing materials. . . as to indications, and efficacy -- each, not yet established by FDA vetted and approved studies.

[To my experienced eye, it would seem that the letter to Iovance makes the most serious allegations, by CBER.]

In any event, since we follow Gilead closely, here's a bit of the FDA's Kite / Gilead March 9 letter:

. . .The promotional materials make false or misleading claims and representations about the benefits of TECARTUS. Thus, the promotional materials misbrand TECARTUS within the meaning of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and make its distribution violative. 21 U.S.C. 321(n); 331(a); 352(a), (n). See 21 CFR 202.1(e)(5). These violations are particularly concerning from a public health perspective because the promotional materials make misleading representations about TECARTUS being more effective or having greater clinical benefit than has been demonstrated. This may cause doctors and patients to inaccurately weigh the risks versus benefits of treatment with TECARTUS, which can be fatal or life-threatening. . . .


Now you know. Be careful out there, folks. Onward, grinning -- on a perfectly sunny Spring afternoon in the steel and glass canyons.

नमस्ते