Tag: Texas

Key legal issues behind the Texas petition to Supreme Court re election issues

3:37 pm

Link here.

The author reviews the petition, the logic behind it, and the legal possibilities. She also cogently reviews the worst examples of misbehavior in the four swing states, Wisconsin, Pennsylvania, Georgia, and Michigan, that justify Supreme Court action. If you are one of those people that refuses to recognize the illegalities in the handling of the election in those states, you should read this article to education yourself.

The key point however is this:

These injuries, Texas asserts, demand a remedy. But the remedy sought is not what some may surmise is the goal—a second term for President Trump.

No, what Texas seeks is for the Supreme Court to mandate that the defendant states comply with the Constitution, and that means that electors are selected by the states’ legislatures. Texas makes this point clear, stressing: “Plaintiff State does not ask this Court to decide who won the election; they only ask that the Court enjoin the clear violations of the Electors Clause of the Constitution.”

Texas is essentially demanding what I suggested several weeks ago: If election issues are not fixed, elected state Republicans must refuse to certify.

Texas is demanding that these four states put the decision to the legislatures, since their election counts cannot be trusted. While the arguments are sound, it remains to be seen whether the Supreme Court will listen.

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Musk confirms he has left California for Texas

11:43 pm

SpaceX founder Elon Musk today confirmed that he is selling his homes in California and is moving permanently to Texas.

Musk did not reveal whereabouts in the Lone Star State he has moved to. It’s also unclear whether he will purchase any property there, given that he stated earlier this year that he wants to rid himself of possessions and is only interesting in renting.

Over the summer, the Musk Foundation officially consolidated its headquarters in Austin – a city that also houses a Tesla assembly plant. However, Musk is also known to spend time in Boca Chica, on the southeast coast of the state, where there is a SpaceX facility.

For the time being, both Tesla and SpaceX remain headquartered in California. It is unclear whether Musk will officially move both businesses to Texas at a later date.

I expect that both Tesla and SpaceX in California will soon be leaving as well. Musk is shrewd however. He has been shifting both slowly from California in the past two years as he has found it increasingly impossible to deal with government officials there. Witness Starship for example. Two years ago it was to be built in the Port of Los Angeles. Now, with little fanfare all operations have moved to Texas.

Musk will leave slowly, so as to not stir a political hornet’s nest among the fascist legislators of California. They consider everything everyone owns as belonging really to them, and will not take kindly to any attempt of Musk to escape.

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Texas sees 400% increase in homeschooling

11:42 am

The silver lining? Faced with odious rules and remote zoom classes in the public education system due to fear and terror over the corona virus, Texas parents are choosing to homeschool their children this year, with the numbers rising by 400%.

The spike, the group reported, stems directly from the Texas Education Agency’s (TEA) pandemic schooling guidelines sparking a mass exodus from the public school system as parents opt to teach their children at home over enrolling them in a digitized, remote state-run classroom.

Our government public schools have been corrupted by leftist indoctrination for years, while they have steadily done a worsening job at educating children in the basics. (Witness for example the ignorance exhibited by the Antifa protesters about American history.) Maybe this disaster created by the Wuhan flu panic might have some benefits, such as getting parents more involved once again in their kid’s education, and thus improve it.

Because, based on everything I’ve seen and read about modern public school education and culture, parents really can’t do worse.

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Texas business reopens in defiance of shut down with armed security

12:18 pm

The future: A Texas tatoo parlor decided last week to reopen in defiance of the shut down regulations imposed by its state government, and did so with the help of armed security.

When Jamie Williams decided to reopen her East Texas tattoo studio last week in defiance of the state’s coronavirus restrictions, she asked Philip Archibald for help. He showed up with his dog Zeus, his friends and his AR-15 semi-automatic rifle.

Archibald established an armed perimeter in the parking lot outside Crash-N-Burn Tattoo, secured by five men with military-style rifles, tactical shotguns, camouflage vests and walkie-talkies. One of them already had a large tattoo of his own. “We the People,” it said.

“I think it should be a business’s right if they want to close or open,” said Archibald, a 29-year-old online fitness trainer from the Dallas area who lately has made it his personal mission to help Texas business owners challenge government orders to keep their doors shut during the coronavirus pandemic. “What is coming to arrest a person who is opening their business according to their constitutional rights? That’s confrontation.”

More businesses need to do the same. If enough do it, the police thugs will have no choice but to back off and let these Americans go about their business of freely pursuing life, liberty, and happiness.

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Texas and Alabama fight over space pork

10:20 am

Turf war: Several powerful Texas lawmakers announced yesterday their opposition to NASA’s decision to give the lead management for the next lunar lander to the Marshall Space Flight Center in Alabama.

The question is which Center will manage development of the landers, a plum assignment. NASA plans to procure them through public-private partnerships rather than traditional contracts. The actual design will be determined by whatever companies win the contracts, but NASA’s concept is for a trilogy of vehicles: a transfer vehicle to take the crew from the Gateway to a lower lunar orbit, then a descent vehicle to take them to the surface and an ascent vehicle to return them to Gateway.

…According to Ars Technica, … NASA is assigning overall responsibility for the lunar lander program to Marshall, which will also oversee acquisition of the transfer and descent vehicles. JSC will oversee the ascent vehicle.

In a letter to Bridenstine today, Senators Ted Cruz and John Cornyn and Rep. Brian Babin, all Republicans, expressed surprise and asked Bridenstine to reconsider. They argue that JSC should be in charge of the entire program, not just one of the three vehicles. Marshall’s expertise is in rocketry while JSC is “ground zero for human space exploration.”

They also disagree with splitting the work between two Centers, “an unnecessary and counterproductive departure from the unquestionable success” of the lander for the Apollo program.

This fight is not over who will actually build anything, but how to distribute the pork. In truth, the NASA agency that does this “management” does almost nothing. It is the contractor that builds the spacecraft. You could condense the management into a team of less two dozen (and that’s probably high). Instead, NASA and these politicians use the contractors to justify the existence of whole departments and hundreds of employees and large facilities, all of which are mostly irrelevant, especially if the Trump administration is serious about letting private industry do the job.

Worse, this fight — and NASA’s need to make these politicians happy — is forcing the agency to turn the work once again into a Frankenstein monster, distributing responsibility in absurd ways. I guarantee that in the end the management will not all go to Texas, meaning that the management of the different contractors will be split to different agencies, making for a very inefficient and badly managed program.

The result is going to be, as always, delays, cost overruns, bad designs, a lot of wasted money, and little accomplished.

I want to make special note of Senator Ted Cruz (R-Texas) in this affair. He ran for president as a new conservative, out to drain the swamp of Washington. Now, as senator, he is increasingly becoming captured by that swamp, participating in all the same corruption he railed against during his presidential run.

If he was really serious about draining the swamp, he would be pushing to trim NASA’s management, both in Alabama and in Texas. Instead he is fighting to build it up.

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Texas court says it is okay for Texas university to steal

8:23 am

Theft by government: The Texas appeals court has ruled that is acceptable for the University of Houston to use photos and intellectual material belonging to someone else without paying for it.

A Texas appeals court has ruled that the University of Houston does not have to pay the photographer of a picture it has been using in online and print promotional materials. Houston photographer Jim Olive says the university removed copyright markings from an image downloaded from his stock library, failed to credit him when it was used and wouldn’t pay when he sent a bill, but the university claims it has sovereign immunity and that it can’t be sued.

Worse, the court required the photographer to pay the university’s legal costs.

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SpaceX shifts some Starship/Super Heavy construction to Texas

9:03 am

Capitalism in space: SpaceX has decided to shift some of the construction of its new Starship/Super Heavy rocket from Los Angeles to its Boca Chica facility in Texas.

In tweets later Jan. 16, Elon Musk, the founder and chief executive of SpaceX, said that development of the vehicle itself, including the Raptor engines that power it, would continue in Hawthorne, while at least the prototype versions of Starship are built in Texas. “We are building the Starship prototypes locally at our launch site in Texas, as their size makes them very difficult to transport,” he said.

A shift to South Texas, industry sources said, could be a way to reduce expenses, given the lower cost of living there versus the Los Angeles area. However, that region of Texas has a much smaller workforce, particularly in aerospace, compared to Southern California.

Meanwhile, I keep hearing from my sources in the industry that SpaceX is facing more serious problems because of the coming decline in the manufacture of large geosynchronous satellites. The smallsat revolution appears to be the cause, and SpaceX’s larger rockets are not ideal for launching these tiny satellites. I am not entirely convinced of this pessimistic conclusion, but if SpaceX is in trouble it will likely be a tragedy for manned spaceflight. The smallsat rockets cannot put people in space. Neither can the gigantic government rockets like SLS. Without innovative companies like SpaceX building and launching large rockets for profit, the development of the large inexpensive rockets needed for human travel will be significantly hampered.

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Republican wins special election in black/Hispanic district in Texas

10:08 pm

Is this significant? A Republican today won a special election for a Texas state senate seat in a predominately black and Hispanic district that was won by Hillary Clinton by 12% and hasn’t been held by a Republican for more than a hundred years.

It is dangerous to extrapolate the results from a single state legislative district to the wider nation. Nonetheless, for a Republican to win such a seat in a district whose two biggest demographics are Hispanic and black suggests we might yet see a historic shift this coming election. If the Democrats can no longer depend on these voters, they will find it difficult to win any national elections.

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SpaceX cancels Texas subsidy that required Boca Chica operation in 2018

2:59 pm

Capitalism in space: SpaceX has canceled a small Texas subsidy that required it to begin operations at its Boca Chica spaceport by September 2018.

The company terminated a deal reached with the office of then-Gov. Rick Perry in late 2013 that earmarked $2.3 million from the Texas Enterprise Fund for the future spaceport at Boca Chica beach, which is near Brownsville. The project has experienced delays and SpaceX had received about $400,000 of the money, but it now has paid back all of it.

The deal mandated that, to receive the incentives dollars, the spaceport be operational by Sept. 30 this year and employ 180 people by the end of 2018. It appears SpaceX was unlikely to meet either target.

This does not mean that SpaceX is abandoning the spaceport, only that it can’t meet the schedule required by this subsidy. This also might explain why they requested an additional $5 million from Texas. They knew they were going to lose this $2.3 million subsidy and were lobbying to make up for it with other state funds.

Hat tip Robert Pratt of Pratt on Texas.

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SpaceX seeks more government money for Texas spaceport

8:44 am

It appears that SpaceX is asking for an additional $5 million in government subsidies to build local infrastructure for its Boca Chica spaceport in Texas.

This new money would be in addition to about $15 million already set aside for SpaceX’s spaceport. It is unclear however what it will exactly pay for.

Update: Meanwhile, the New Mexico state legislature is considering dumping another $10 million to Spaceport America. (Hat tip Robert Pratt) From the article:

Other provisions of the updated budget proposal might raise eyebrows. One is $10 million for Spaceport America to build a new hangar. State officials hope the Spaceport can become a tourist draw.

I don’t know how they can imagine this will ever be a tourist draw, since Spaceport America is a spaceport with practically no customers except for Virgin Galactic, which unlike SpaceX will likely never fly.

Note: A reader noted that I mistakenly wrote that Spaceport America was in Texas in the initial post. The reader is correct. I wrote without thinking, and now have fixed the post.

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Federal agencies question establishment of SpaceX spaceport and three liquefied natural gas plants in Brownsville

10:25 am

Two federal agencies are questioning the safety of establishing three liquefied natural gas (LNG) plants near SpaceX’s new spaceport in Boca Chica, Texas.

The Federal Energy Regulatory Commission is reviewing the applications for the LNG export terminals, which plan to take natural gas from the Eagle Ford south of San Antonio, liquefy it and export the LNG to overseas customers.

The Federal Aviation Administration hosted an Aug. 18 meeting to discuss space launch activities near the proposed LNG facilities, according to a FERC filing released on Thursday. During the meeting, FAA officials discussed their role and regulations regarding commercial space launches, as well as the agency’s licensing and public safety requirements prior to the launch of any future mission.

While it makes perfect sense to keep a rocket launchpad safely away from large amounts of liquefied natural gas, I found the article’s concluding paragraphs to be most revealing:

Meanwhile, environmentalists, who were critical of the SpaceX project and oppose the LNG plants, said the launch site is too close to the proposed export terminals. “This announcement should be a wake-up call and warning that putting LNG terminals within six miles of the SpaceX launch site is a bad idea,” Lower Rio Grande Valley Sierra Club Chair Jim Chapman told the Business Journal. “Furthermore, Annova LNG wants to put its facility within the SpaceX launch closure area. You don’t have to be a rocket scientist to know that idea won’t fly.” [emphasis mine]

Note how the environmentalists are essentially against everything. They really aren’t opposed to having these two facilities being placed too close to each other, what they really want is that nothing gets built at all. Most instructive.

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SpaceX lobbies Texas government for spaceport backing

1:53 pm

The competition heats up: In testimony today before the Texas legislature, a SpaceX official called for more government funding to support the company’s spaceport construction in Boca Chica near Brownsville, Texas.

At a recent joint legislative committee hearing held at UT-Rio Grande Valley in Brownsville, Caryn Schenewerk, senior counsel and director of governmental affairs for SpaceX, pointed out that zero dollars were appropriated to the Texas Spaceport Trust Fund during last year’s legislative session. In contrast, Schenewerk said, Florida commits $20 million a year to its spaceport infrastructure fund.

“One of the things I want to highlight for you is that unfortunately, the spaceport trust fund was not funded in the 84th Legislature and we will certainly be advocating for it to be considered by the 85th and for it to be part of the budget in the 85th Legislature,” Schenewerk testified. “By contrast, Florida consistently funds its space infrastructure fund to a tune of $20 million a year. Those infrastructure matching grants go to exactly the kind of activities that we are undertaking at Boca Chica. They are public-private partnerships for investing specifically in what is so costly an undertaking, the infrastructure.”

Obviously, SpaceX’s spaceport is going to require an increased financial commitment by the state government to build and maintain the increased infrastructure that such large operations require. At the same time, SpaceX doesn’t need a handout. They shouldn’t expect the taxpayers to pay for their private spaceport.

The article does provide some updated information about the spaceport’s construction status. It looks like they are aiming for a 2018 launch date.

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Texas town regulates SpaceX engine tests

9:36 am

Nice rocket company you got here. It would be a shame if something happened to it: The city council of McGregor, Texas, has imposed new regulations and fines on SpaceX should it perform rocket engine tests at its facility there in a manner the council does not like.

Though the city council was entirely within its rights, and the ban on night testing make sense, in reading the list of fines and regulations I couldn’t help thinking that they will in the end only accomplish one thing: to drive SpaceX away. This regulation in particular stood out:

The actual launching of any vehicle into the atmosphere or into space is specifically prohibited at the McGregor facility.

This would appear to ban SpaceX from doing any more hover tests of the Falcon 9 first stage. For an innovative company like SpaceX to operate as it wants, it needs the freedom to operate as it wants. These restrictions could prevent the company from doing so.

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Reality bites liberal Texas judge

10:09 pm

The Texas judge who visited the infected apartment of America’s first ebola victim without protection has now had a complaint filed against him for endangering his own 9-year-old daughter.

The concerned citizen reached out to Breitbart Texas in a phone interview and provided information about his complaint to [Child Protective Services]. He told Brietbart Texas he wanted to remain anonymous because he is a business owner and is concerned about retaliation. He said he felt Jenkins’ conduct was inappropriate and unnecessarily exposed his child to potential danger. “I am doing this because I am concerned about the child,” the complainant said, “and I am concerned for the children in her school who might become exposed if the virus were to spread.”

Read the article at the link. The risks to the judge’s family and their acquaintances are real. Moreover, there is evidence that the judge has spent considerable time in contact with infected locations and individuals, without protection.

But he cares! That absolves him of any guilt should his actions causes others to die!

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The background to the Rick Perry indictment

9:40 pm

A look at the historical background behind the absurd indictment this weekend.of Texas governor Rick Perry.

This indictment appears to be an example of the new Democratic Party modus operandi: Make up criminal charges against your opponents when you can’t beat them at the ballot box. They tried it in Alaska against Sarah Palin, they tried it in Wisconsin against Scott Walker and as many tea party activists there as possible, they tried it in Texas against Tom Delay, and back in the nineties they tried it against Newt Gingrich. In every case the charges were absurd and were eventually dropped or dismissed.

Now they are trying it against Rick Perry. If this is the best they can do it is no wonder no Democrat has won a state-wide election in Texas in years.

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A new water supplier for SpaceX’s Texas spaceport.

9:53 am

A new water supplier has stepped forward to help fill SpaceX’s gigantic water needs at its proposed Texas spaceport.

An earlier news story had noted the insufficient water capacity in Brownsville compared to the amount of water SpaceX would need for its rocket launches. This new report illustrates how competition and the potential for profits always seems to solve these kinds of problems.

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The proposed SpaceX spaceport in Brownsville, Texas, has passed its final federal environmental review.

4:42 pm

The proposed SpaceX spaceport in Brownsville, Texas, has passed its final federal environmental review.

The U.S. Fish and Wildlife Service, which had raised concerns about possible impact on habitat for some endangered species, ultimately concluded that “the project is not likely to jeopardize the continued existence of any listed or proposed to be listed species nor adversely modify piping plover critical habitat.”

But wildlife officials don’t expect the project to be harmless: Two individual cats, either from the endangered ocelot or jaguarondi species, could be lost as a result of the project in spite of efforts to avoid just that with measures such as posting warning signs along the road leading to the launch site. And federal wildlife officials also anticipate that more than 7 miles of beachfront used by nesting sea turtles could be disturbed by security patrols, though driving is already permitted on the beach.

I think every American should read these two paragraphs to gain an understanding of how ridiculous these environmental regulations sometimes are. This report appears to be junk and an enormous waste of effort and time.

The bottom line is to consider what has happened in Florida. The government established a wildlife preserve surrounding the Kennedy Space Center and the wildlife has been flourishing there for more than a half century. Because a launchpad is used so infrequently (12 times a year is what SpaceX proposes for Brownsville), it inflicts very little harm on the environment.

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SpaceX continues to acquire land in Texas for its planned spaceport in Brownsville.

8:40 am

The competition heats up: SpaceX continues to acquire land in Texas for its planned spaceport in Brownsville.

Elon Musk’s Dogleg Park LLC picked up an additional five lots in late April, bringing the total number of lots it has acquired in Cameron County to 95. The total land area that SpaceX now owns is roughly 38 acres of land, public records show. This is in addition to 56.5 acres that SpaceX has under lease at the site of what would be the world’s first private and commercial vertical launch site.

Compared to the acquisitions made by the federal government when it established its space centers in Florida and Wallops Island, these purchases are small. Nonetheless, they are likely sufficient for what the company plans to do.

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