Category: Behind The Black

Part 3: Fixing our bloated federal government and the administrative state is going to take decades

12:43 pm

The lion now is roaring, quite loudly
The lion now is roaring, quite loudly.
Photo by Travis Jervey.

In part 1 of this series I described how it appears the American public today is no longer asleep and is instead very aggressively participating in the political and cultural debate in ways it has not in many decades, noting how this shift suggests we are experiencing a much more fundamental societal change than a mere shift in voting demographics.

In part 2 of this series I described how this fundamental shift has begun to express itself within the courts and politics in ways unheard of only five years ago. This expression illustrates the bottom-up nature of America, whereby the citizen is sovereign and our so-called leaders can only resist what those citizens want for only so long. And when those citizens become energized, as they now are, that resistance will evaporate with amazing speed.

In part 3 today I am going to take a more pessimistic view, based not on recent events but on the longer view I take naturally as a historian. I do this all the time in my histories. In Genesis: the Story of Apollo 8, in describing the political background behind that mission, I could not help noting how that mission changed America and its social goals significantly, for both good and ill. In Leaving Earth, I opened the book like so:

Societies change. Though humans have difficulty perceiving this fact during their lifetimes, the tide of change inexorably rolls forward, sometimes for better, sometimes for worse.

I then documented in detail the space efforts by both Russia and the United States in the decades after the Apollo landing and the politics behind those programs, with both providing a great window into how both societies changed in the second half of the 20th century. As I concluded, “They were like ships passing in the night.”

Similarly, the major cultural and political shift away from big government and the regulatory state that I think we are now experiencing in the United States is not going to change our country overnight. These things take time. People who firmly believe it is a good idea to “gender affirm” confused little kids by cutting off their breasts or castrating them are not going to change their minds easily. People who believe in big government — especially those who benefit from it — are not going to meekly allow that big government and those benefits to vanish without a fight.

The left’s long march through the institutions
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FAA approves revised launch rate for Boca Chica; schedules public meetings

10:42 am

The FAA today announced that it has issued a revised draft environmental assessment [pdf] of SpaceX’s operations at Boca Chica in which the agency approves the company’s request to increase its Starship/Superheavy launch rate from 5 to 25 launches per year.

This does not mean that SpaceX can now launch that many times in 2025. The draft still has to go through more red tape, including public meetings and a comment period, then reviewed again by the FAA. In this announcement the FAA rescheduled those public meetings, as follows:

  • Tuesday, January 7, 2025; 1:00 PM–3:00 PM & 5:30 PM–7:30 PM CDT at the Texas Southmost College, Jacob Brown Auditorium, 600 International Boulevard, Brownsville, TX 78520
  • Thursday, January 9, 2025; 1:00 PM–3:00 PM & 5:30 PM–7:30 PM CDT at the Port Isabel Event & Cultural Center, Queen Isabella Room, 309 E Railroad Avenue, Port Isabel, TX 78578
  • Virtually on Monday, January 13, 2025; 5:30 PM–7:30 PM CDT. Registration Link: https://us02web.zoom.us/webinar/register/WN_6f5su5mtTne_vBr8MqJOLA
    Dial-in phone number: 888-788-0099 (Toll Free),
    Webinar ID: 879 9253 6128, Passcode: 900729

I strongly suggest that local businesses and citizens in the Brownsville area organize to show up en masse at these meetings to express their approval of SpaceX, because I can guarantee that the fringe anti-Musk activists groups SaveRGV, Sierra Club, the Friends of Wildlife Corridor, and the fake Indian Carrizo/Comecrudo Nation of Texas (which never existed in Texas) are organizing to be there to demand SpaceX be shut down.

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NASA to award SpaceX and Blue Origin contracts to deliver cargo to the Moon

9:14 am

Capitalism in space: NASA yesterday announced that is planning to award both SpaceX and Blue Origin contracts to use their manned lunar landers as cargo freighters to deliver supplies to its planned lunar base.

NASA expects to assign demonstration missions to current human landing system providers, SpaceX and Blue Origin, to mature designs of their large cargo landers following successful design certification reviews. The assignment of these missions builds on the 2023 request by NASA for the two companies to develop cargo versions of their crewed human landing systems, now in development for Artemis III, Artemis IV, and Artemis V.

…NASA plans for at least two delivery missions with large cargo. The agency intends for SpaceX’s Starship cargo lander to deliver a pressurized rover, currently in development by JAXA (Japan Aerospace Exploration Agency), to the lunar surface no earlier than fiscal year 2032 in support of Artemis VII and later missions. The agency expects Blue Origin to deliver a lunar surface habitat no earlier than fiscal year 2033.

The contracts however have not been issued. This is merely an announcement of NASA’s intent to do so, which suggests to me that NASA management has already recognized that the entire Artemis program is facing a major restructuring and wants to indicate it will support such a change. That does not mean these contracts won’t be issued — both rely on the privately owned rockets of both companies — but that NASA now realizes that its manned program — which now relies on SLS/Orion — will likely to be changed significantly, likely by the elimination of SLS/Orion and its replacement by private rockets and private manned spacecraft.

Because of this looming restructuring, NASA management probably intended this press announcement — which really announces little that is new — as a signal of its support for such a change, because the announcement focuses on these private companies rather than NASA’s government-built rocket.

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Flights into Brownsville sold out prior to SpaceX’s sixth test flight of Starship/Superheavy

8:57 am

If anyone thinks the anti-Musk activists groups that have been using lawfare to try to shut down SpaceX’s Boca Chica facility have any local support, this story should put a quash on that. According to the airport director for the Brownsville-South Padre Island Airport, all flights sold out leading up to the sixth test flight of Starship/Superheavy.

Airport director Angel Ramos told Channel 5 News he’s noticed traffic increases whenever SpaceX does a flight test. “People are excited,” Ramos said. “They’re wearing SpaceX hats and SpaceX shirts [when they come] in to the airport.”

Ramos said flights were sold out between Sunday and Tuesday, and 700 people have been arriving daily at the airport since Sunday. “There is no launch that happens that we don’t see lots of people coming in and out of the airport, and now that they continue to be more frequent and more successful, people are paying more interest and actually coming days before,” Ramos said.

The story was reported by the local ABC television affiliate, and reflects the very positive impact SpaceX is having on the local community that is recognized quite clearly by everyone who lives there. The Brownsville area had been economically depressed for decades. Now the economy is booming, all because of SpaceX.

The public wants SpaceX there. The nay-sayers represent practically no one. That many local news organizations not only don’t report these facts when they cover the lawfare of these activists but instead often frame their stories as if the opposition is general throughout the region is shameful and an indication of the bankrupt nature of these press outlets.

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Freedom wins again: SpaceX completes the 6th orbital test flight of Starship/Superheavy

3:50 pm

Starship/Superheavy at T+6 seconds

SpaceX today successfully completed the sixth orbital test flight of its Starship/Superheavy heavy lift rocket, only forty days after its previous test flight, the shortest turn-around so far, mainly because the FAA imposed no red tape to hold SpaceX back.

Before describing details of the flight, it is essential to note that this giant rocket, bigger than the Saturn-5 that sent Apollo astronauts to the Moon and intended to be completely reusable and being designed to be able to relaunch in mere hours, has been conceived, designed, built, and tested entirely by a private company and free American citizens, funded almost entirely by private investment capital hoping to make a profit from the rocket. The government and NASA has played almost no part, except possibly using its regulatory power improperly to slow development down by a year or two.

Even more important its development has cost a tiny amount compared to similar government programs, and has been accomplished in less than a third of the time.

Thus this rocket is a perfect example of freedom in action. Get the government out of the way and allow humans the freedom to follow their dreams, and they will do astonishing things.

As for the flight, Superheavy worked perfectly in getting Starship off the launchpad and on its way into orbit. However, engineers canceled a second tower catch attempt and instead diverted Superheavy to complete a soft splashdown just off the coast in the Gulf of Mexico. The booster touched down on the water quite softly, and then fell over into the water. Expect SpaceX to quickly do salvage operations to recover it.

Starship reached its orbit as planned, carrying for the first time a payload, a single plastic banana suspended by cords in the center of the Pez deployment payload bay where SpaceX hopes to soon begin deploying Starlink satellites. Though somewhat silly, the banana is being used by SpaceX and the FAA to certify future payload operations.

About 38 minutes into the flight engineers did the first re-light of one Raptor-2 engine while in orbit, the burn lasting about three-four seconds. This burn demonstrated that Starship is capable of doing a de-orbit burn so that in a future flight it can be launched into a full orbit and use the engines to bring it back to a precise location on Earth, including possibly a return to the launch tower for its own chopstick catch.

Starship splashing down vertically
Starship splashing down vertically

During re-entry the flight plan called for pushing Starship beyond its technical margins in order to learn exactly what those limits were. Even so, it appeared that — unlike the previous flights — there was very little evidence of damage to the flaps from the heat of re-entry. One flap appeared to have damage at one pointed end, and even that burn-through appeared far less than the previous flights.

During final descent and moving slower than the speed of sound they pointed the ship nose down in order to stress the flaps the most. Even so, the ship performed as planned, and splashed down softly and vertically in the Indian Ocean.

Though the flight plan for this Starship flight as well as the previous flights was purposely designed to bring it back to Earth before it completes an orbit, this was still essentially a successful orbital launch, and thus I am including it in my launch totals. The leaders in the 2024 launch race:

118 SpaceX
53 China
13 Russia
12 Rocket Lab

American private enterprise now leads the rest of the world combined in successful launches 136 to 79, while SpaceX by itself leads the entire world, including American companies, 118 to 97.

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Part 2: The waking sleeping giant lurks not just in public places

11:05 am

The lion now is roaring, quite loudly
The lion now is roaring, quite loudly.
Photo by Travis Jervey.

In the first part yesterday of this three part essay, I described how Americans are no longer the disinterested public that we have seen for more than a half century. No longer is the left the only group with passion. Ordinary Americans are now paying attention, and appear aggressively unwilling to allow leftist bad policy and slanderous blacklisting go unchallenged. The public might not be partisan Republicans or conservatives, but it is nonetheless finally aware and outraged by the leftist agenda that has dominated government policy for the past decade, including policies that encouraged the mutilation and castration of children, allowed the queer agenda in schools, promoted anti-Semitism and bigotry throughout the workforce, and fueled an out-of-control federal government that only serves itself even as it squashes the freedoms of ordinary people.

In today’s second part, I wish to dig deeper, because the public’s willing outrage has already caused unexpected major attitude changes in places where such changes have been impossible for decades.

Let us begin with a somewhat complex court decision that I reported on last week. In this court decision, a two-judge panel went beyond the specifics of the lawsuit before it to rule instead on the basic legal authority of the White House Council on Environmental Quality (CEQ), concluding that its decades-long requirement that all government agencies obey its environmental recommendations in writing regulations was illegal, that CEQ simply did not have the statutory authority to do this.

As I said, the case itself is very complex. It is not even clear this ruling will stand up, since in the end the CEQ’s recommendations essentially reflect those of the President, whose authority to determine how the agencies under him create regulations based on Congressional law is legal and quite final.

The point however is not whether this decision will stand up. The point is that the judges were quite willing to rule on the legal authority of a government entity, and rule against its authority, essentially invalidating its power.
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Judge rules that Ligado’s $39 billion lawsuit against federal government can proceed

9:32 am

A federal judge has now ruled that the $39 billion lawsuit by the satellite company Ligado against the federal government can move forward.

In October 2023, Ligado sued the government for $39 billion over claims that officials at the Departments of Defense and Commerce took “unlawful actions” to, in effect, improperly seize without compensation the firm’s L-band spectrum. In January, the government had asked a judge to dismiss the suit. Today Judge Edward J. Damich of the US Federal Claims Court ruled in part in favor of Ligado and in part for the government over aspects of the case, but ultimately said the case “may proceed.”

Essentially, after the FCC had awarded this spectrum to Ligado, the feds stepped in to take it away for its own use. The company argued that once it was given that spectrum to use for its satellites it was essentially its property, and that the seizure without due compensation was an illegal taking under the Fifth Amendment to the Constitution. This court decision allows this lawsuit to proceed.

The reason these federal agencies seized the spectrum this that they believe Ligado’s satellite constellation would interfere with GPS, something the FCC disputed in awarding the spectrum. Whether the company will win in court remains unclear.

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ESA awards four European rocket startups contact extensions worth €44.2 million total

9:19 am

Capitalism in space: The European Space Agency (ESA) this week awarded four European rocket startups — HyImpulse, Isar Aerospace, Rocket Factory Augsburg, and Orbex — new contact extensions worth €44.2 million total to continue the development of their commercial rockets.

According to ESA, the €44.2 million in funding awarded through the Boost! contract extensions is aimed at alleviating the pressure in the months before an inaugural flight when costs are high and the potential to generate revenue is limited.

…While the ESA press release did not disclose the specific amounts awarded to each company, announcements from the companies have revealed that Orbex will receive €5.6 million, Isar Aerospace €15 million, and both Rocket Factory Augsburg and HyImpulse €11.8 million each.

The first three companies are German-based, while Orbex is based in the United Kingdom. All four have received ESA grants under this program previously. None have yet actually attempted an orbital launch, but all four have been getting close, though all also face challenges. For example, Orbex, which had said it was ready to launch its Prime rocket in 2022, has been waiting for a launch license from Great Britain’s Civil Aviation Administration (CAA) for almost three years, to no avail. Rocket Factory meanwhile had hoped to launch its RFA-1 rocket this year, but could not after it was destroyed during a static fire dress rehearsal countdown in August.

Isar meanwhile has begun static fire tests of its Spectrum rocket at the Andoya spaceport in Norway. No launch date has been set. Hyimpulse in turn has flown a suborbital test flight from the Southern Launch spaceport on the south coast of Australia, but development of an orbital rocket seems farther behind its competitors.

This ESA contract award is also revealing in who did not get contracts. The large big space company ArianeGroup, which owns the Ariane-6 rocket, also has its own smallsat rocket startup, Maiaspace, that is attempting to compete with these other rocket startups, and had previously gotten ESA development contracts. That it got no contract extension under this program suggests ESA has decided it can manage without this aid, considering its owner is a well-financed big space contractor.

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Dawn Aerospace small-scale rocket-powered airplane breaks the sound barrier

8:54 am

The crew and Mk-II Aurora
The crew and Mk-II Aurora

On November 12, 2024, the startup Dawn Aerospace for the first time flew its small-scale rocket-powered Mk-II Aurora unmanned airplane at speeds exceeding the speed of sound, becoming the first commercial airplane since the Concorde to break the sound barrier.

The company, operating as Dawn Hypersonics, achieved the milestone on 12 November 2024, with the Aurora surpassing the speed of sound for the first time, reaching Mach 1.1 and climbing to an altitude of 82,500 feet. This is over twice as high as commercial aircraft and marks the first time a civil aircraft has flown supersonic since Concorde. This achievement signifies a major step toward operational hypersonic travel and daily space access, establishing rocket-powered aircraft as a new class of ultra-high-performance vehicles.

The flight, conducted from New Zealand’s Glentanner Aerodrome near the base of Aoraki Mt Cook, exceeded its test target speeds and altitude of Mach 1.05 and 75,000 feet. The Aurora also set a global record, becoming the fastest aircraft to climb from ground level to 20 km (66,000 feet), completing the ascent in just 118.6 seconds. This beats the previous record, held by a highly modified F-15 ‘Streak Eagle’ in the 1970s, by 4.2 seconds.

It appears the company’s goals have changed and become less ambitious, at least for the moment. According to the company’s press materials now, the goal now is to sell Mk-II (and bigger versions) for suborbital hypersonic research, both for the military and private sector. Back in 2021 however the company described Mk-II as merely a preliminary test vehicle leading to the construction of a larger fullscale two-stage-to-orbit version that would take off and land on a runway and could be used to launch satellites to orbit.

In a sense, nothing might have really changed, other than the company realizing that it should try to make money on the Mk-II now, even as it flies and tests it in preparation for eventually building the larger orbital version. If Dawn begins to win contracts using this prototype, it will then have the resources (as well as the ability to raise more investment capital) to advance to larger more powerful version.

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