News for September 8 — Fifth Circuit Decries COVID Intimidation

Fifth Circuit decries COVID intimidation: Washington Post: https://www.msn.com/en-us/news/us/5th-circuit-finds-biden-white-house-cdc-likely-violated-first-amendment/ar-AA1gs5kr?ocid=hpmsn&cvid=6c6fe9d0e3684b739bf942885b712d0f&ei=10 . This is a very complicated issue which may end up at the Supreme Court. COVID misinformation absolutely has the power to kill. The government should have the right to combat false information. Where to draw the lines to avoid violating First Amendment rights is a tough issue.

New cancer therapy approach: https://talker.news/2023/09/05/cancer-patients-who-fail-to-respond-to-chemotherapy-offered-new-hope/ . Here, genes that are interfering with chemo can be turned off, allowing the chemo to work.

Medication abortion poll access heads back to Supreme Court: https://www.nbcnews.com/politics/supreme-court/justice-department-asks-supreme-court-maintain-abortion-pill-access-rcna104115 . The lower courts second-guessed the FDA experts, which has never happened before. This is a terrible precedent. More: https://www.cbsnews.com/news/abortion-pill-mifepristone-fda-approval-justice-department-supreme-court/ .

Why exercise cuts Alzheimer’s risk: https://www.forbes.com/sites/willskipworth/2023/09/08/scientists-finally-discover-why-exercise-cuts-alzheimers-risk-study-says/?sh=3cc08c642991 . So here is a natural mechanism which reduces amyloid plaque.

WSJ: Opioid settlement pushes Kroger to quarterly loss: https://www.wsj.com/business/retail/kroger-kr-2q-earnings-report-2023-e40fab70 . Getting rid of this liability in one quarter is actually a significant positive for Kroger as it works to merge with Albertson’s.

WSJ: The shrinking human brain: https://www.wsj.com/science/human-brains-shrinking-evolution-science-980c45e . I’m skeptical of these results. As one critic says, the fossil record is not sufficiently complete to judge human brain size over time. At first, I thought this article might explain the GOP (snark). However, if the people with the smallest brains kill themselves off (over COVID), then average brain size gets larger.

WSJ: Half of Grindr’s employees resign over return-to-work: https://www.wsj.com/tech/grindr-loses-nearly-half-its-workforce-after-implementing-return-to-office-policy-union-says-d09d56a6 . If management did not see this coming, they are incompetent. Was this just a way of reducing staff?

Texas electricity prices go up by 200 times as heat wave stresses grid again: https://www.aol.com/news/texas-power-prices-soar-20-190005006.html . These problems have actually been reduced this year as Texas has added significant wind and solar power. Sadly, it’s still not enough for a warming world.

WSJ: Square outage hurts merchants: https://www.wsj.com/business/entrepreneurship/outage-at-payments-platform-square-puts-merchants-in-a-bind-edfa35f .

Maui missing persons count revised drastically downward: https://apnews.com/article/hawaii-wildfires-maui-recovery-josh-green-5255b24219ba35e98ecf2d684c197717 . Originally over 1300 and most recently around 300, the count is now 66. So as the confirmed death toll remains at 115, estimated total deaths are now 181. Yes, the fire caused considerable chaos. Still, it is hard to understand how the missing persons reporting could have been so inaccurate in a town of 11,000.  

WSJ: Pratt & Whitney engine failures reflect inadequate inspections: https://www.wsj.com/business/airlines/inadequate-inspections-contributed-to-jet-engine-failure-that-dropped-debris-over-colorado-town-ea5cc6d0 . Note to readers: This is not a good time to own Raytheon (RTX) stock, the parent company of Pratt & Whitney.

Issues at the G20 summit this weekend: https://www.csis.org/analysis/experts-react-what-expect-g20-leaders-summit . UPDATE: Group of 20 has agreed to make African Union a permanent member: https://apnews.com/article/g20-modi-india-biden-ukraine-summit-delhi-f0054ecaea54f53d4ceb0c64a4457620 . This is a significant boost for the African Union at a time when instability threatens Africa.

WSJ: Maltese politician forced Apple to add a USB-C charging port: https://www.wsj.com/tech/apple-iphone-15-usb-c-eu-malta-4240a5b3 .

Computer chips as strategic weapons: WSJ: https://www.wsj.com/politics/policy/how-the-u-s-stumbled-into-using-chips-as-a-weapon-against-china-ec37e32 . As the article notes, this policy has both benefits and risks.

WSJ: India-Europe transit corridor: https://www.wsj.com/world/middle-east/u-s-backed-transit-corridor-looks-to-connect-europe-middle-east-asia-e381b72 . This will tie India to US allies in the Middle East and Europe. It serves as a counterpoint to China’s Belt and Road Project.

Ukraine furious with Elon Musk for thwarting attack on Russian navy: https://www.nbcnews.com/news/world/musk-stopped-ukraine-attack-russian-fleet-starlink-rcna104019 . There is a critical factual issue which suggests Musk is lying. Isaacson, a well-respected biographer, writes that Ukrainian drones “lost connectivity” as they approached Russian warships and washed harmlessly ashore. If that’s true, then Starlink was apparently disabled, not “not activated”. As the article notes, Starlink claims activation over most of the world’s oceans and seas. WSJ: More: https://www.wsj.com/world/europe/musk-says-he-thwarted-attack-on-russian-fleet-in-ukraines-crimea-ca37aa73 . The Journal accepts Musk’s comments uncritically.

Nancy Pelosi stays in the game: https://www.aol.com/former-house-speaker-nancy-pelosi-160919966.html . WSJ: More: https://www.wsj.com/politics/elections/nancy-pelosi-83-plans-to-run-for-re-election-6749debc . This, in my view, is a huge plus for the Democrats. Experience matters.

The Orange Julius “defense” to the classified documents case takes a major hit: https://www.newsweek.com/donald-trump-mar-lago-fbi-search-evan-corcoran-1825596 . OJ was apparently lying when he said he was not prepared for the search. (Why are we all not shocked?)

WSJ: OJ’s “defense” to the DC prosecution: https://www.wsj.com/us-news/law/how-trump-plans-to-fight-his-federal-election-interference-case-1fca8802 . Bottom line, these are all frivolous motions designed to delay the case. The judge’s comment, “I can’t wait”, not only indicates skepticism but also intent to deal with this silliness swiftly. Contrary to the comments in the Journal article, it is not the obligation of defense counsel to file frivolous motions. While many aspects of this prosecution are issues of first impression, that does not excuse or justify frivolous arguments. Presidential duties do not include overthrow of the government.

Georgia special grand jury recommended indicting 3 US Senators: https://www.aol.com/news/georgia-grand-jury-report-trump-100128219.html . This report was more interesting than I expected. We can see that Fani Willis cast her net broadly, in part to force testimony. She sought and received recommendations for indictment of 3 US Senators. But in the end, prosecuting these 3 would have raised significant free speech issues, and (except for Graham) there was apparently a lack of overt acts as defined by RICO. Willis has apparently considered her RICO prosecution carefully. WSJ: More: https://www.wsj.com/politics/elections/georgia-grand-jury-lindsey-graham-charges-91700d3f .

Judge rules Mark Meadows cannot have his RICO case moved to federal court: https://thehill.com/regulation/court-battles/4194977-judge-rejects-meadows-effort-to-move-election-case-from-georgia-to-federal-court-in-big-win-for-willis/ . Also, the judge neatly sidestepped the “overthrow of the election” issue by deeming it political activity outside the scope of Meadow’s government job.

NY fraud prosecution of OJ heats up: https://www.rawstory.com/trump-new-york-fraud-2665087240/ . The defense’s argument that the case is a crusade against OJ does not constitute a basis for dismissal of the case. In the broad sense described here, every prosecution is a crusade against the defendant. However, the judge could dismiss the children from the suit if the defense can show the children have no involvement in the fraud alleged. But the prosecution undoubtedly had a basis for including them (for example, they signed fraudulent documents), so the court will resolve this issue based on the prosecution’s allegations.

In summary, OJ did indeed have a terrible, horrible, no good, very bad week.

DeMentis is also taking it in the shorts in court: https://www.newsweek.com/ron-desantis-lawsuits-disney-monique-worrell-1825543 .

Meanwhile, OJ’s lawyers try to move a ballot disqualification lawsuit to federal court: https://apnews.com/article/trump-2024-amendment-insurrection-ban-ballot-lawsuit-de06bca85bfe233368d6c6f6042c7290 . The AP article apparently has this wrong. Lawyers cannot move a case on their motion; the federal judge must agree. This issue involves the state’s administration of its elections, so offhand it is not obvious the case should be removed to federal court. State courts do regularly decide federal questions.

Whether or not this case is removed to federal court, it is likely that the Supreme Court will ultimately decide it, as they are also the final court of appeals sitting over each of the 50 states’ highest courts. There are likely to be similar challenges in other states, one or more of which will reach the US Supreme Court as the test case for all of them: https://www.newsweek.com/donald-trump-ballots-14th-amendment-jan6-insurrection-1825503 .

Another January 6 defendant sentenced, gets 6½ years: https://thehill.com/homenews/4193791-jan-6-defendant-who-used-bear-spray-at-capitol-sentenced/ .

WSJ: The world is badly missing needed climate goals: https://www.wsj.com/world/countries-are-falling-short-of-climate-goals-u-n-report-says-4d4e4687 . This is no surprise. However, the shortfall is sobering. A 43% reduction is needed between 2019 and 2030. So far the planned reduction is 3.6%. We are literally killing the planet and doing nothing about it.

Air pollution is disrupting insect mating: https://news.yahoo.com/scientists-discovered-alarming-side-effect-100000446.html . This has disturbing consequences for the web of life, including pollination.

WSJ: King Charles “surprisingly popular”: https://www.wsj.com/world/uk/king-charles-iii-proves-unexpectedly-popular-during-first-year-of-reign-b6c20819 . Wow. How would you like your major accomplishment to be “surprisingly popular”? At least it’s ahead of “astonishingly unpopular”.

Girl finds 2.95 carat diamond on her 7th birthday: https://www.aol.com/7-old-girl-finds-large-023849770.html .

WSJ: The two teams remaining in the Pac-12 sue the other 10: https://www.wsj.com/sports/football/pac-12-oregon-state-washington-state-restraining-order-aaf1f9d .

WSJ: Finally, Jason Gay must live with his words: https://www.wsj.com/lifestyle/my-daughter-won-a-giant-stuffed-lemur-at-the-state-fair-now-what-552ae199 . So, Jason’s at best an erratic sports columnist, but he found true clarity here. Even the weak evolve …