[U] Latest Scheduling Order, On Grace [Carmen], et al. v. Sessions -- In DC District Court, Overnight.

UPDATED -- At 10 PM EDT: The latest status report, a coast away, in San Diego (in Ms. L.) -- was just filed in advance of the hearing tomorrow at 1 PM Pacific. It is 17 pages of ongoing reunification problems -- and some progress. That this is still underway would be a debilitating stain on any other President. After losing more lives in Puerto Rico last year than Bush 43 did in New Orleans via Katrina, and then calling it "a more minor thing" -- there are more such stains on this Presidency (45) than any in the last century. But it may well turn out that this -- the failure to reunify children he kidnapped, by means of a plainly lawless Executive Order -- will be the darkest moment in his short tenure, when the longer shadow of history is cast, a few years hence. . . . Unfathomable. [End updated portion.]

As ever, this DC process order contains a highly accelerated motion calendar, given the egregious and ongoing harms -- of ICE agents trying to fly innocent asylum seekers (in at least one case, without her minor child) out of the country while a federal TRO prohibiting just that. . . was still in full force.

So, shortly we will have more from all three: DC, San Diego and Los Angeles. Do stay tuned, once I return from my holiday travels:

. . . .MINUTE ORDER.

Upon consideration of [40] the parties' joint status report, the following schedule shall govern the proceedings in this case:

Defendants' Motion for Summary Judgment shall be filed no later than September 12, 2018, and shall be no longer than 45 pages in length. Any motions seeking leave to file an amicus curiae brief in support of the Defendants, with the brief attached as an exhibit, shall be filed by no later than September 19, 2018.

The Plaintiffs' Opposition and Cross-Motion for Summary Judgment shall be filed by no later than September 26, 2018, and shall be no longer than 65 pages in length. Any motions seeking leave to file an amicus curiae brief in support of Plaintiffs, with the brief attached as an exhibit, shall be filed by no later than October 3, 2018.

Defendants' Opposition and Reply shall be filed no later than October 3, 2018, and shall be no longer than 45 pages in length. Plaintiffs' Reply shall be filed by no later than October 10, 2018, and shall be no longer than 25 pages in length.

It is FURTHER ORDERED that by no later than October 17, 2018, the parties, including those seeking leave to file an amicus curiae brief, shall submit to the Court two hard copies and one USB drive containing all submissions to the Court governed by this scheduling order, including points and authorities. All paper copy submissions to the Court shall include the headers added by the Case Management/Electronic Case Files (CM/ECF) System shall be single-sided, double-spaced, use 12-point Times New Roman font, and use one-inch page margins. Each set of hard copies shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the pleading therein.

It is FURTHER ORDERED that by no later than October 17, 2018, the parties shall jointly submit one copy of each principal case or authority cited by any party. The points and authorities shall be in three-ring binders, with appropriate tables of contents and tabs, and the binders shall be clearly labeled to identify the contents therein.

Signed by Judge Emmet G. Sullivan on 8/29/2018. . . .

With white supremacist "church fliers" popping up in middle Tennessee (and this is a much older hate group's offshoot, from the cretins who gunned down NU Basketball Head Coach Ricky Birdsong in Skokie two decades ago, and solicited the murder of a Chicago federal judge), we must be vigilant on many fronts. But we cannot let 45's other bouts of malevolent lunacy push the above noted kidnapping of babies (by Executive Order, no less!) off the front page. Ever.

And, on a more uplifting note -- here is the Queen incarnate, from 2003 -- as we now prepare for her homegoing, in Detroit (with Chaka, Stevie and Ariana Grande to perform, along with many others -- but 45 specifically uninvited; 44 invited):



नमस्ते

Amgen Is Spending Disproportionately More (Based On Market Cap), Than Its Peers... On Lobbying.

As is Pfizer -- yet Pfizer, unlike most of the rest of big cap PhRMA members, is proceeding apace -- while the others. . . seem to be taking more of a "wait him out" approach to Trump, and his wildly dysfunctional Congress.

It seems the big ones are waiting to see what comes of November mid-terms -- and are not putting much stock in 45's bluster about attacking prices. We shall see (most recent Q2 numbers here).

[But don't take my word for it -- go take a look for yourselves -- you may search by any company name, there.]

In any event, this time we will feature just what Amgen spent on (ignoring all others):

. . . .Biosimilars, no specific bill; Prescription drug value issues, no specific bill; S. 469 Affordable and Safe Prescription Drug Importation Act; H.R. 1245 Affordable and Safe Prescription Drug Importation Act; S.Con.Res.3: A concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2017 and setting forth the appropriate budgetary levels for fiscal years 2018-2026 (importation, non-interference); 340B Protecting Access for the Underserved and Safety-Net Entities (340B PAUSE Act). . . .

S. 2042 Reducing Drug Waste Act of 2017; H.R. 6142 Reducing Drug Wastage Act of 2018; FDA issues, no specific bill; S. 3158 Labor, Health and Human Services Appropriations Act (Senate Report 115-289). . . .

Medicare Part B (Average Sales Price); Medicare Part D issues ; Coding and reimbursement for oncology drugs/biologics/biosimilars; 340B Protecting Access for the Underserved and Safety-Net Entities; S 2312 "Helping Ensure Low-Income Patients have Access to Care and Treatment" (HELP Act); S 2453 "Ensuring the Value of the 340B Program Act of 2018"; H.R. 5598 "340B Optimization Act"; Senate Report 115-289 to accompany S.3158 Appropriations bill for the Department of Labor, Health and Human Services, and Education, and related agencies for the fiscal year 2019; H.R. 6142 Reducing Drug Waste Act. . . .

International tax issues, including: H.R.1: An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018; Puerto Rico Tax Incentives . . .

S. 974 CREATES Act of 2017; S. 124 Preserve Access to Affordable Generics Act; Issues related to drug patents and exclusivities (no bill). . . .

Now you know. Onward -- to a Centenary Birthday celebration, web-wide, for Ms. Katherine Johnson, in the morning!



नमस्ते

Tweet NASA STEM Pioneer Katherine Johnson A Happy 100th Birthday!

All you regular readers know I've been following the "Hidden Figures" narrative arc -- and very closely, too -- these last few years. Long overdue.

So, please, tonight or tomorrow -- tweet out a happy birthday wish to Ms. Katherine Johnson.

. . . .Today, retired @NASA_Langley mathematician Katherine Johnson makes her 100th trip around the Sun as she celebrates her birthday! Send her birthday wishes using #Happy100Katherine & learn about her calculations that launched @NASA_Astronauts to space. . . .

And, from our last Real President (44):

. . .Growing up in West Virginia, Katherine Johnson counted everything. She counted steps. She counted dishes. She counted the distance to the church. By 10 years old, she was in high school. By 18, she had graduated from college with degrees in math and French. As an African-American woman, job options were limited -- but she was eventually hired as one of several female mathematicians for the agency that would become NASA.

Katherine calculated the flight path for America’s first mission in space, and the path that put Neil Armstrong on the moon. She was even asked to double-check the computer’s math on John Glenn’s orbit around the Earth. . . . So if you think your job is pressure-packed -- (laughter) -- hers meant that forgetting to carry the one might send somebody floating off into the Solar System. (Laughter.) In her 33 years at NASA, Katherine was a pioneer who broke the barriers of race and gender, showing generations of young people that everyone can excel in math and science, and reach for the stars. . . .

She begins her 100^th trip around the Sun, tomorrow. Lovely, lovely woman.

नमस्ते

Latest Update On The Status Of The Still NOT Reunified Border Families...

A two-hour long status hearing will occur before the very able Judge Sabraw in San Diego later this afternoon local time, on these matters -- but it is hard to overestimate the chaos and suffering Donald Trump (in clear violation of US law, under Flores) intentionally inflicted on over 5,000 people (many of them under the age of 7) who had appeared at our door, and shore, simply seeking protection from credible threats of political danger and/or death, in their home nation(s).

The full 13 pager is here, as an overnight PDF -- but I'll quote the below to show how malevolent the ICE and INS agents were -- in apparently intentionally refusing to collect even basic contact data to facilitate reunification, at the time of the kidnappings and incarcerations:

. . . .The Steering Committee has placed calls to all parents for whom it has phone numbers -- 371 out of the 412 -- and has successfully spoken to 231 (225 through phone calls, six reached by NGO partners in Central America). . . .

On August 16, the Government provided a list of 236 children and their associated attorneys. This list did not include the names, locations, or contact information for their parents, so we have been working to correlate this information with the information provided concerning parents. Of these 236 children, 73 were not included on the previous two lists of children with removed parents provided by the Government on August 7 and 10, and the Steering Committee has asked for clarification in this regard. For the remaining children -- for whom the parents are understood to be removed -- the Steering Committee has reached out to all of the children’s attorneys and is awaiting confirmation of the children’s wishes. To identify the legal representatives of the 249 children for whom the Government has not provided information, the Steering Committee has worked with the Vera Institute of Justice to determine the designated legal service providers for all ORR shelters, and has reached out to all of these providers to determine which children they represent. Within the coming days, the Steering Committee will identify children who do not appear to be represented and will work with Vera to secure counsel for them.

For parents for whom the Government has not yet provided phone numbers (41), or for whom the Steering Committee has determined the numbers to be inoperative or ineffective (38), Steering Committee member Justice in Motion is currently engaged in on-the-ground efforts in Honduras and Guatemala to locate parents. Justice in Motion representatives who speak indigenous languages have obtained birth certificates of parents to determine their locations and have travelled to remote villages to seek to interview the parents in person. These efforts have reached six parents and will continue, supported by Steering Committee member KIND’s local partners in Central America and other NGO partners.

Finally, in communicating with removed parents, the Steering Committee has indications that some parents may have been coerced or misled by U.S. government actions that deprived the parents of their right to seek asylum. These incidents include parents who were told that they needed to accept removal and not pursue asylum in order to be reunited with their children, and parents who were required to sign documents they did not understand, in languages they do not speak, that had the effect of waiving their right to seek asylum. The Steering Committee is further investigating these cases. . . .

We cannot let the relentless lunacy of the new cycles describing the flaming clown car of the Trump Administration, presently sailing over a cliff in DC -- eclipse the fact that this series of crimes against humanity were driven by Donald Trump's express and unlawful orders.

He is. . . a monster. I'm in federal court again today, on a pro bono Guatemalan case of my own. Onward.

And, by commenter request: some good karma Friday. . . music:



नमस्ते

Pfizer's Lobbyist Spend In Q2 2018 More Than Doubled Merck's: $2.55 Million Vs. $1.25 Million

Once again, Ian C. Read's proclivity for engaging with Trump's (almost universally wrong-headed) policies emerges -- in stark relief -- to the more cautious "wait and see" approach, at Merck. [We will label it "Read -- libertarian, with gusto".]

Pfizer spent on a much wider array of rather dubious "pie in the sky" initiatives than Merck, and many outside of straight health care delivery policy. Those included general policy matters related to taxation, and to patent evergreening policy. For what it is worth, here is the bulk of what Merck spent on (not unlike it had under prior administrations):

. . . .340B (no specific bill), Hepatitis C (general education; no specific bill), Vaccine policies (general education; first dollar coverage; preventative services), antimicrobial resistance (general education), biosimilars (no specific bill), cost and value of medicines (no specific bill), women's health (general education), Affordable Care Act, general pharmaceutical issues (transparency, formulary design, prescription drug coverage), PAHPA (Pandemic and All Hazards Preparedness Act of 2018); Drug pricing; Opioids [oddly misspelled, missing an "i"]. . . .

Now you know; I am very tardy with this Q2 data. In the coming days, I will produce a three way comparison -- with Amgen's spend included. One that looks at the full half-year, as compared to prior half years, in a trend-line fashion.

As to personal matters, it seems sometimes (most times, actually), the best course is to say nothing at all -- and smile, wryly. . . .

नमस्ते

Can't Recall/Find Where I Saw This Last Night...

. . .but some clever Twitter account had a version of the below copy in blue -- with the GIF at right.

In the full YouTube scene (second below), and GIF at right, Andy DuFresne (played by Tim Robbins) is playing "Duettino- Sull'aria" from Mozart's "The Marriage of Figaro" for the inmates, who are standing in the yard -- in the mid-day sun, over the prison loudspeakers. And the Warden will have him thrashed, and dumped in the hole for it, very shortly.

. . . .Martin Shkreli, all set for the arrival of Paul Manafort, Michael Cohen, George Papadopoulos, Former Gen. Flynn and soon, Gates, Stone, Donnie Jr., Jared, Stephen Miller, and even Ivanka. . . . [Oh. And Evan Greebel.]

Now you know. Q.: How much longer can the GOP support the Cheeto/Criminal Primitive In Chief?



नमस्ते

Exactly One Year Ago This Morning...

. . .I was awakening to luminous dawn, in a tent, in the Shawnee National Forest Wilderness -- near the Trail of Tears. . . .

I made some strong, piping hot coffee (lots of cream and sugar!), had some sweet ripe cherries, a couple bananas, fresh (overnight creek water chilled) OJ and some organic yogurt. Then I waited until around noon, under flawless skies -- in a large meadow. . . to see two minutes and thirty seconds of totality (this was taken -- on site, in real time, by a friend -- click to enlarge):

Until next time, then: and April 2024, in the Sea of Cortez, on a sailing ship, I am all over it. . . Smile. Be excellent to one another. [Hey — congrats on the promotion — just saw it on Linkedin!]



नमस्ते

Space Science Sunday: NASA's Parker Solar Probe Update

We find ourselves in need of some good news, this morning.

45's endless lies -- and intentionally monstrous cruelty, toward vulnerable children, no less -- seem to more than occasionally overwhelm our otherwise abiding sense of optimism.

So. . . let us hear of Prof. Parker's sweet graceful voyager, as she is performing flawlessly, on her twisty way to a promised date with Sol. Let that put us once again in a sphere of good karma:

. . . .As of 12:00 p.m. EDT on Aug. 16, Parker Solar Probe was 2.9 million miles from Earth, traveling at 39,000 miles per hour, and heading toward its first Venus flyby scheduled for Oct. 3, 2018, at 4:44 a.m. EDT. The spacecraft will use Venus to slightly slow itself and adjust its trajectory for an optimal path toward first perihelion of the Sun on Nov. 5, 2018, at 10:27 p.m. EST (Nov. 6, 2018, at 03:27 UTC).

“Parker Solar Probe is operating as designed, and we are progressing through our commissioning activities,” said Project Manager Andy Driesman of APL. “The team — which is monitoring the spacecraft 24 hours a day, seven days a week — is observing nominal data from the systems as we bring them on-line and prepare Parker Solar Probe for its upcoming initial Venus gravity assist.”. . .

Onward -- to a bike, lift, swim and run. Smile -- as yet another gossamer, copper colored, twisty beauty sails onward.

नमस्ते

Nice I-O FDA First Line Liver Cancer Approval For Eisai/Merck; Update On Propecia® Class Actions Close-Out

While we've been busy on pro bono litigation involving asylum seekers (and families of the same) held inside the ICE center in the city of big shoulders, a few developments transpired, on Matters Merck this week:

First, along with co-venturer Eisai, a new drug FDA I-O approval -- as first line therapy in a subset of hepatocellular (i.e., liver) carcinomas. That's great news.

Next, the tallies of open cases continue to decline, in the Propecia^®/Proscar^® MDL/MCL (backgrounder, from September 2015). Here is that four page status report, and a bit, from it:

. . . .Thus far, the Parties can report the following with respect to the MDL proceedings, which currently has a total of 436 active cases:

 405 Plaintiffs have submitted executed Releases;

 2 Plaintiffs have been granted an extension (as provided in the Master Settlement Agreement) to submit a release on or before August 21, 2018;

 1 Plaintiff is expected to be dismissed on or before September 5, 2018;

 3 Plaintiffs have been excluded from the Master Settlement Agreement;

 19 Plaintiffs are not participating in the Master Settlement Agreement: i.e., they have either determined they would not participate or have not executed a release (please see discussion, below, regarding these 19 Plaintiffs); and

 6 cases involve pro se Plaintiffs and are not subject to the Master Settlement Agreement. . . .

Now you know -- onward, now to court, and then a wonderful barbeque infused Air & Water show weekend with my grown son, and his girl.

नमस्ते

Sing It With Me Now: And... "Say A Lil' Prayer..."

What a queen -- and diva -- and. . . treasure:



I will miss her. Travel well; travel light Ms. Franklin. Smile. . . . you know who you are.

नमस्ते

Updated WHO Ebola Outbreak Figures, As DNC ZEBOV Ring Vaccination Program Rolls Out...

While the use of the Merck experimental vaccine is highly encouraging for a quick arrest of this second outbreak in the DRC in 2018 alone, we must be mindful that this could easily hop continents.

As a world health concern, we need to be ready -- the latest from WHO:

. . . .Since our last situation report on 7 August 2018 (External Situation Report 1), 14 additional confirmed EVD cases and seven deaths have been reported. As of 12 August 2018, a total of 57 EVD cases, including 41 deaths have been reported.

Of the 57 cases, 30 have been laboratory confirmed and 27 remain probable. Of the 41 deaths, 14 occurred in confirmed cases. Eight healthcare workers (7 confirmed, 1 probable) have been affected, of which one has died. Six health zones in two provinces have reported confirmed and probable EVD cases, including Beni, Butembo, Oicha, Mabalako, and Musienene in North-Kivu Province, and Mandima in Ituri Province (Figure 1). An additional 58 suspected cases are currently pending laboratory testing to confirm or exclude EVD.

As of 11 August, a total of 990 contacts are under surveillance in Mabalako (790), Beni (141) and Mandima (59) health zones. Of these, 129 are healthcare workers in Mabalako (72) and Beni (57) health zones. On 11 August 2018, 940 (95%) contacts were successfully followed up. . . .

Be excellent to one another -- as we are all we've got. I'm in court, rest of day.

नमस्ते

Judge Sullivan's Scheduling Orders In DC District Court -- Re Rights Of Asylum Seekers, Against 45, AG Sessions, and Sec'y. Nielsen...

The able Judge Emmet G. Sullivan ruled yesterday (whilst I was traveling), that the Trump Administration must completely explain (effectively under oath) the circumstances which led to the apparent wilful violation of his crystal clear order to keep asylum seekers in status quo until hearings on the merits of their claims could be set, and they could have time to confer meaningfully with their counsel.

The court has ordered ICE and HS to produce a complete record of the agencies' respective actions over the last few weeks as to Carmen and the other DC asylum seekers. That record, in turn, will then be the basis for future additional lawsuits against the government, alleging Bivens' type actions, and will serve as powerful proof of monetary damages, in these same suit(s). [The Cheeto is once again wasting our taxpayer funds.] Here is that order in full (several others were also entered yesterday -- each containing intensely private information as to the circumstances suffered by the asylum seekers -- but those are rightly shielded from general public review):

. . .MINUTE ORDER.

In view of the [27] parties' joint status report on scheduling, defendants [Trump, Nielsen, Sessions, et al.] shall serve the administrative record and index on the parties by no later than August 17, 2018. The plaintiffs shall complete their review of the administrative record and provide correspondence to the defendants raising any concerns by no later than August 22, 2018. The parties shall attempt to resolve record disputes amongst themselves by no later than August 24, 2018. If the parties resolve the record disputes amongst themselves, the parties are ordered to submit a joint schedule proposal for further proceedings by no later than August 27, 2018.

If the parties are unable to resolve any record disputes, the parties shall adhere to the following schedule for resolution of any disputes by the Court: Any motion to complete/compel/supplement shall be filed by no later than August 29, 2018; any response/opposition shall be filed by no later than September 4, 2018; and any reply shall be filed by no later than September 6, 2018.

One week after either an order resolving all administrative record disputes or the parties resolution of any administrative record concerns themselves, whichever is later, defendants shall file the certified list of the contents of the administrative record with the Court.

The defendants [Trump, Nielsen, Sessions, et al.] shall provide a complete copy of the administrative record, with certified list, to the Court on flash drive(s) or DVD(s).

The Court will schedule further proceedings in this matter following the production of the administrative record and resolution of any disputes regarding the administrative record.

Signed by Judge Emmet G. Sullivan on 8/13/2018. . . .

Now you know. Off to Wrigley Field and a Cubs v. Brewers slugfest, at 1:20! Perfect weather for it as well. . . .

नमस्ते

DACA Was Fully Reinstated Nationwide, Last Week, While I Was In The Rockies...

While we wait to see whether Sec'y. Nielsen and AG Sessions will be held in contempt (in the US District Court for DC) later today by the capable Judge Emmet G. Sullivan, I will begin to "catch up" -- on the important victories won by the NAACP, and the ACLU, whilst I was off-grid, last week -- in the migrant rights arena.

Chief among these is Judge Bates' thoughtful decision completely reinstating DACA, based largely on Ms. Nielsen's refusal to seriously weigh the important reliance interests at stake in her decision. People who had relied on a governmental promise, and changed the entire arc of their lives were suddenly dumped into the street. That, the jurisprudence of the fourteenth amendment will not countenance. We are not. . . Russia.

And so, here is the full 25 page opinion as a PDF file -- and a bit of the meat of it:

. . . .Although this time around the Nielsen Memo at least “acknowledge[s] how heavily DACA beneficiaries had come to rely on” the program, id., it does little more than that. Instead of considering DACA’s benefits to DACA recipients and to society at large, see Pls.’ Opp’n at 19–20, Secretary Nielsen simply states that “the asserted reliance interests” are outweighed by DACA’s “questionable legality . . . and the other reasons for ending the policy,” and then goes on to suggest that she should not even have to consider those interests. See id. (asserting that “issues of reliance would be best considered by Congress”). However, it is not up to Secretary Nielsen -- or even to this Court -- to decide what she should or should not consider when reversing agency policy. Rather, the requirements are set by the APA, as interpreted by the Supreme Court: “When an agency changes its existing position, it . . . must . . . be cognizant that longstanding policies may have ‘engendered serious reliance interests that must be taken into account.’” Encino Motorcars, LLC v. Navarro, 136 S. Ct. 2117, 2125–26 (2016).

Like the Duke Memo, the Nielsen Memo demonstrates no true cognizance of the serious reliance interests at issue here -- indeed, it does not even identify what those interests are. “It would be arbitrary and capricious to ignore such matters,” Perez v. Mortg. Bankers Ass’n, 135 S. Ct. 1199, 1209 (2015) (citation omitted), and it is so here.

Nor, given the inadequacy of the Nielsen Memo’s explanation of why DACA is unlawful, can the Court accept as sufficient its bare determination that any reliance interests are outweighed by “the questionable legality of the DACA policy and the other” fatally intertwined reasons listed in the memo. Nielsen Memo at 3. Because the Nielsen Memo fails to provide an adequate justification for the decision to rescind DACA -- much less the “more substantial justification” that the APA requires when an agency’s “prior policy has engendered serious reliance interests,” Perez, 135 S. Ct. at 1209—the Court sees no reason to change its earlier determination that DACA’s rescission was arbitrary and capricious. . . .

Now you know. Onward -- with three more migrant human rights decisions to cover, after the Parker Solar probe mission (named for a living U of C astrophysicist) lifts off, tomorrow.

On Sunday and Monday, we will be busy moving an adult son's apartment -- and finishing his post op details, but will get to those cases in due course. Tuesday is a delicious hooky day -- with an afternoon Cubs game in the friendly confines, meeting long time chums.

नमस्ते

[U] In Which AG Sessions And Sec'y. Nielsen Are BOTH Threatened With A Contempt Of Court Jailing, Personally, In DC

UPDATED @ 5 PM EDT 08.10.2018: The able judge has ordered a full Monday morning report, as to how exactly it came to be that there was an attempted thwarting -- of his earlier explicit order:

". . . .MINUTE ORDER directing defendants to file a comprehensive report to the Court explaining the circumstances surrounding the removal of plaintiffs on the morning of August 9, 2018, notwithstanding the representations from the attorney for the defendants that the government would not remove the plaintiffs prior to 11:59 pm that day. The report shall be supported by declarations of appropriate officials. Defendants shall file the report by no later than 5:00 pm August 13, 2018. Signed by Judge Emmet G. Sullivan on 8/10/2018. . . ." This my friends is an invitation to go to jail, if one word of it is less than 100 per cent truthful. [End, updated portion.]

It is not just every day that the US Attorney General ignores an explicit order of a sitting US federal District Court Judge, in a life or death case.

But it happened today; and the able Judge Emmet G. Sullivan just ordered a US transport plane. . . turned around -- in mid-air. He will decide later what else to do about Beauregard's insolence. Here's the three page order, and the operative bit:

. . . .[The Trump administration lawyers] specifically represented to the Court that “Carmen” and her daughter would not be removed prior to that time. Based on that representation, the Court set an expedited briefing schedule to be completed by 1:00 am Thursday, August 9, 2018, and set a hearing on the motion for that same morning.

After hearing argument on the emergency motion, and following a Court recess, Plaintiffs’ counsel informed the Court that, despite the representations made by Defendants, Plaintiffs “Carmen” and her daughter had been removed from their place of detention and could be in the process of being removed from the United States. In an email to this Court’s Courtroom Deputy following the hearing, government counsel confirmed that “Carmen” and her daughter were, in fact, on an airplane while the Court was hearing argument on Plaintiffs’ Emergency Motion.

Upon learning in open Court that “Carmen” and her daughter had been removed from their place of detention and could be in the process of being removed from the country, the Court issued an oral Order requiring the Defendants to return “Carmen” and her daughter to the United States FORTHWITH.

The Court informed government counsel that it would neither tolerate nor excuse any delay with compliance with this Order. The Court also stated that it would enter a written Order memorializing its oral Order. . . .

FURTHER ORDERED that in the event that the Defendants do not fully comply with this Order, Defendants Attorney General Jefferson Sessions, III; Secretary of the Department of Homeland Security Kirstjen M. Nielsen; U.S. Citizenship and Immigration Service Director Lee Francis Cissna; and Executive Office of Immigration Review Director James McHenry, preferably accompanied by their attorneys, shall be ORDERED to appear in Court to SHOW CAUSE why they should not be held in CONTEMPT OF COURT. . . .

It is hard to imagine a more feckless, inept and reckless set of scallywags. Donald Trump leads from the bottom, as to all his troops. Ugly.

नमस्ते

Via A Surrogate, Martin Shkreli Writes A Vapid Life Science Blog... From His Prison Digs.

And, since it crosses wires with the BeiGene story we've followed here for going on three years, I'll offer this, tonight:

This is a bit of a detour, but yesterday (or the day before), Marty wrote again about BeiGene, the China based I/O darling of late. But Marty thinks it is going to crater.

I think he's mistaken -- or if it does, it won't be for the reason Marty posits. That is, it won't be because Merck crushes it with the rival I/O behemoth Keytruda, inside China.

Since Marty's experience (meager as it is) has been exclusively inside the warped US markets -- he frankly doesn't understand that, in large portions of the rest of the globe (as to life sciences, in particular) -- and especially as to revolutionary new, cutting edge treatments, the art of business is not conducted as... a zero sum game.

Let's hear Marty out; then I'll explain, and clear it up:

. . . .Opdivo and Keytruda are approved in China. CStone and countless others are in pivotal trials. AstraZeneca has a long history in China and you can bet will register Imfinzi there. I’m not sure what Roche’s or Pfizer’s ambitions are, but they also do strong business in China and have globally registered PD-1s. So there are at least 6 PD-1 mabs I can name off the top of my head that are China-approved or likely to be that do not come from Beigene [sic]. But Beigene [sic] has a very large market capitalization. This will not persist. I have not seen something like this in a long time. . . .

Or... ever. Because Marty has no. frame. of. reference.

He's a child in this arena, applying his "lessons learned" from one country only, with no reason to do so. Okay -- let's get the basics out of the way (though these are clearly unknown, to Marty):

Given that a course of treatment with immuno-oncology biologics costs nearly $100,000 inside China, it is available only for the Party elites, and their relatives, and the billionaires. It is not for the 1.4 billion or so other, ordinary, folk. And it likely will never be.

In China, then, two things are going to happen: (1) there is going to be an effort made, to make sure most market participants get some of the pie, on a new treatment (given the vast amounts of China's Party Elite money already at risk); and (2) there is going to be a strong regulatory preference (easily seen by the discerning eye) for... local businesses (i.e., inside China).

Merck itself smartly partnered with BeiGene four years ago, in founding it -- having seen decades of this effect. Merck is no longer a huge shareholder of BeiGene (after several selling shareholder rounds), but its DNA is all over the company, in its executive ranks, and processes, in country.

So -- you should think of what Marty sees as cut throat competition... more as... "co-op-tetion". Not really "competition", in the Darwinian sense of a US market.

Why? because, by regulatory fiat, China's FDA will be sure that BeiGene does just fine. And Merck will help it -- as that is smart in-country business.

Most of these cancer treatments will occur on a lushly tropical and opulently developed resort island for elites, in the South China Sea. There will be lots of money for all the companies.

Marty cannot see that the whole world doesn't work in quite (or remotely) the same ways the US and parts of EU do.

So don't trust him -- about BeiGene. He. Is. Clueless.

Onward.

नमस्ते

While I Was Away...

There were at least four important federal court decisions -- on migrants and asylum seekers -- in favor of human rights, and repudiating Trump's unconstitutional hate.

It's quite a busy first day back -- so be patient, but know I will get to all of it. In addition, dosing has begun in Africa, in the DRC, for Merck's highly effective Ebola vaccine rings. Onward!

नमस्ते

"The Fire, Next Time": 26 Probable New Ebola Cases; 20 New Fatalities Emerge, In The DRC

Very difficult news, just one week after the last all clear. I expect more Merck manufactured jabs are headed there, already.

Here is the latest, from the New York Times reporting, just now:

. . . .The Ebola virus has struck again in the Democratic Republic of Congo and has struck at least 26 people, the country’s Health Ministry reported Wednesday, just a week after officials announced the end of an Ebola outbreak 1,550 miles away.

The latest outbreak was the 10^th time that Ebola. . . has menaced the Democratic Republic of Congo, a sprawling Central African country about twice the size of Texas. The virus, which causes fevers and fatal hemorrhaging, first appeared in the country in 1976.

The health minister, Dr. Oly Ilunga Kalenga, said in a statement that the authorities in North Kivu Province had notified his ministry on Saturday of 26 suspected cases of Ebola, including the 20 deaths. Samples from the six survivors were analyzed on Tuesday in Kinshasa, the capital, and four tested positive for the virus. . . .

Please take care of one another. After all, we are all. . . we have.

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