November 19-20, 2024 Zimmerman/Space Show podcast

My long appearance on the Space Show with David Livingston on November 19, 2024 is now available here.

I list the show as extending into November 20th because we had a sound glitch an hour into the November 19th live stream, forcing us to prematurely end the broadcast. David got the technical problem fixed the next day and we then aired another thirty or so minutes to complete the topics we had been discussing the day before. He then pieced the two sections together to produce this podcast.

Enjoy. Of course the central topic was the Starship/Superheavy flight that day, but we also touched on the consequences of a new Trump administration on SpaceX, NASA, SLS, and Artemis. I also provided an overview of the space efforts in Europe, India, Russia, and China.

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If ordinary people don’t show up at those upcoming FAA Starship/Superheavy public meetings they WILL be screwed

Starship splashing down vertically
Starship splashing down vertically in the
Gulf of Mexico on November 19, 2024

Yesterday radio host Robert Pratt sent me a news story from a Texas newspaper, the Texas Tribune, which attempted quite surprisingly to capture fairly the local response to the most recent Starship/Superheavy test launch out of Boca Chica on November 19, 2024.

The reporter, Bernice Garcia, clearly made it a point to talk to a lot of people, especially those who came out to see the launch. As a result, she showed that in general, no matter what people felt about Donald Trump or Elon Musk, the local population was almost entirely in favor of SpaceX’s efforts there. For example:

Sanchez was slightly concerned about [the rocket’s sonic booms] but believed the benefits of jobs created by SpaceX was worth the risk. “They know what they’re doing,” Sanchez said.

But his favorable opinion of Musk’s company did not extend to Trump. A naturalized citizen who gained amnesty under the Reagan administration, Sanchez didn’t view Trump’s immigration policies as logistically sound. “If you throw those people out, who’s going to work?” Sanchez said. “You don’t see a white man laboring out in the sun. On the other hand, Mexicans, foreigners, people from other countries –– that’s why they come here, to work.”

While the story found locals with a whole range of opinions about Trump, both positive and negative, it only quoted one person who was hostile to SpaceX, and that quote and person tells us a great deal about the bankrupt nature of that opposition:
» Read more

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Genesis cover

On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.

The print edition can be purchased at Amazon or any other book seller. If you want an autographed copy the price is $60 for the hardback and $45 for the paperback, plus $8 shipping for each. Go here for purchasing details. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.


The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
 

"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News

Gophers dropped near Mt St. Helens for one day cause a gigantic bloom of plant life 40 years later

In 1982, two years after the Mt. St. Helens volcanic eruption, scientists decided to do an experiment: They dropped six gophers into one meter square enclosures near the eruption with the hope the animals’ digging for one day would bring good soil close enough to the surface to encourage the return of plant life.

The results forty-plus years later:

Six years after their trip, there were over 40,000 plants thriving where the gophers had gotten to work, while the surrounding land remained, for the most part, barren. Studying the area over 40 years later, the team found they had left one hell of a legacy. “Plots with historic gopher activity harbored more diverse bacterial and fungal communities than the surrounding old-growth forests,” the team explained. “We also found more diverse fungal communities in these long-term lupine gopher plots than in forests that were historically clearcut, prior to the 1980 eruption, nearby at Bear Meadow.”

“In the 1980s, we were just testing the short-term reaction,” Allen added. “Who would have predicted you could toss a gopher in for a day and see a residual effect 40 years later?”

You can read the published paper here. It appears the gophers’ action activated the microbiological life in the soil, which in turn made it easier for plant life to return.

The potential benefits of this research is gigantic, especially in areas that have been devastated by any number of natural and man made disasters.

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ESA gives its big space rocket company, ArianeGroup, a big subsidy

On November 19, 2024 I noted that in awarding four new rocket startups development contracts worth a total of 44 million euros, the European Space Agency (ESA) had not given any of that grant money to its biggest and most established rocket company, ArianeGroup, which not only owns and builds the Ariane-6 rocket but also has a subsidiary called MaiaSpace that is developing its own smallsat partly reusable rocket, in direct competition with those four small startups.

The exclusion of ArianeGroup in that announcement suggested to me that ESA had decided ArianeGroup’s smalsat rocket subsidary could manage without any additional aid, since its owner is a well-financed big space contractor.

I was wrong. Today the ESA awarded ArianeGroup a much big pile of cash, totaling 230 million Euros, to further finance the development of a reusable demonstration rocket, dubbed Themis, that also uses ArianeGroup’s Prometheus rocket engine. The Themis hopper project has been under development since 2018 initially under the management of Arianespace, has seen many delays in that time, and is now three years behind schedule.

Because of these delays, ESA pulled it from Arianespace in 2022 and gave full control of the project to the builder, ArianeGroup. This new contract award appears to be cementing this new arrangement, and is in addition to previous awards for this project exceeding 224 million euros.

The award also apparently includes funds for ArianeGroup’s MaiaSpace smallsat rocket startup, though the exact amount has not been specified.

The bottom line is that ESA is still dumping lots of cash to its older big space companies. Despite its clear shift to promoting independent rocket startups instead of a single government-controlled commercial entity (Arianespace), it is still favoring the big space contractors like ArianeGroup it has used for decades under that old Soviet-style system.

It will be interesting to see how this unbalanced system plays out in the coming years. Europe might get a competitive rocket industry of many companies, but then it might not, considering its space agency is putting its thumb on the scale to favor the already-established players.

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Conscious Choice cover

Now available in hardback and paperback as well as ebook!

From the press release: In this ground-breaking new history of early America, historian Robert Zimmerman not only exposes the lie behind The New York Times 1619 Project that falsely claims slavery is central to the history of the United States, he also provides profound lessons about the nature of human societies, lessons important for Americans today as well as for all future settlers on Mars and elsewhere in space.

 
Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space, is a riveting page-turning story that documents how slavery slowly became pervasive in the southern British colonies of North America, colonies founded by a people and culture that not only did not allow slavery but in every way were hostile to the practice.  
Conscious Choice does more however. In telling the tragic history of the Virginia colony and the rise of slavery there, Zimmerman lays out the proper path for creating healthy societies in places like the Moon and Mars.

 

“Zimmerman’s ground-breaking history provides every future generation the basic framework for establishing new societies on other worlds. We would be wise to heed what he says.” —Robert Zubrin, founder of the Mars Society.

 

All editions are available at Amazon, Barnes & Noble, and all book vendors, with the ebook priced at $5.99 before discount. All editions can also be purchased direct from the ebook publisher, ebookit, in which case you don't support the big tech companies and the author gets a bigger cut much sooner.

 

Autographed printed copies are also available at discount directly from the author (hardback $29.95; paperback $14.95; Shipping cost for either: $6.00). Just send an email to zimmerman @ nasw dot org.

Musk: Starship will likely attempt a chopstick landing on the eighth test launch

UPDATE: The original post below is incorrect. I misread Musk’s tweet, not realizing he was refering exclusively to Starship when he wrote “ship.” He and his company now routinely use “ship” to refer to Starship and “booster” for Superheavy.

The real story behind this tweet is that SpaceX is working to attempt a chopstick catch of both Superheavy and Starship on the eighth test flight, after the as-yet unscheduled seventh flight. This means the eighth flight of Starship will be a full orbital flight, will use its Raptor engines to do a de-orbit burn to bring it back to Boca Chica, and that the company expects to have two launchpad towers ready to make the two catches.

Won’t that be an exciting event?

Original incorrect post:
———————————–
According to a tweet by Elon Musk on November 19, 2024, SpaceX will not attempt a chopstick landing of Superheavy on the seventh test orbital launch of Starship/Superheavy.

We will do one more ocean landing of the ship. If that goes well, then SpaceX will attempt to catch the ship with the tower.

According to an update on the SpaceX website, the decision to abort the chopstick landing during this week’s sixth test flight was made because of issues at the launch tower:

Following a nominal ascent and stage separation, the booster successfully transitioned to its boostback burn to begin the return to launch site. During this phase, automated health checks of critical hardware on the launch and catch tower triggered an abort of the catch attempt. The booster then executed a pre-planned divert maneuver, performing a landing burn and soft splashdown in the Gulf of Mexico.

At this moment SpaceX has not provided any additional information on what those issues at the tower were, and might never do so since this is proprietary information. Nonetheless, it could be that more work is necessary to make sure the tower is healthy after launch, which is why they won’t attempt a chopstick landing next time.

As for when that seventh test flight will occur, we as yet have no word. The timing is going to depend on many factors, including the need for upgrades, the final flight plan decision, any changes then required to SpaceX’s FAA launch license, and finally the impact the new Trump administration will have on that red tape.

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Space Perspective wants to launch its balloon from the Middle East

Space Perspective's Neptune Capsule
Space Perspective’s Neptune balloon capsule

The high altitude balloon company Space Perspective is presently in discussions with a number of Middle Eastern nations to find a location from which tourists can take tourist flights on its Neptune balloon capsule.

The Florida-based company is spending time in the Gulf to evaluate opportunities and expects to select a location in the first quarter of 2025, Michael Savage, its chief executive, told The National on Wednesday on the sidelines of the Skift Global Forum East in Dubai.

“We have interest from the UAE and entities from Abu Dhabi have come to visit mission control more than once. And we have interest from Qatar and from Saudi Arabia,” he said. “Our customer base likes to vacation in and visit this region, this has become a global hub for high-net worth vacationing … and because this is a luxury experience, it’s ideal for us to be as close as possible to that demographic.”

This the same approach that another American balloon company, World View, proposed in 2022. Since then however that company has not announced any updates of the tourist version of its high altitude balloons, which it has mostly been using to provide reconnaissance data for the Pentagon.

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Leaving Earth cover

Leaving Earth: Space Stations, Rival Superpowers, and the Quest for Interplanetary Travel, can be purchased as an ebook everywhere for only $3.99 (before discount) at amazon, Barnes & Noble, all ebook vendors, or direct from my ebook publisher, ebookit.

If you buy it from ebookit you don't support the big oppressive tech companies and I get a bigger cut much sooner.

 

Winner of the 2003 Eugene M. Emme Award of the American Astronautical Society.

 
"Leaving Earth is one of the best and certainly the most comprehensive summary of our drive into space that I have ever read. It will be invaluable to future scholars because it will tell them how the next chapter of human history opened." -- Arthur C. Clarke

A U.S. startup building a returnable capsule raised $44 million in investment capital

The new American company Inversion Space — which is developing an orbiting cargo capsule called Arc — has now raised $44 million in private investment capital.

The Los Angeles-based company announced Nov. 20 that it raised a Series A round led by Spark Capital and Adjacent, with participation from Lockheed Martin Ventures, Kindred Ventures and Y Combinator. The company has raised $54 million to date, with a $10 million seed round in 2021. It also won in September a Strategic Funding Increase (STRATFI) agreement with the Space Force’s SpaceWERX valued at $71 million, a combination of government and private funding to support work on reentry vehicles tailored for military customers.

Inversion will use the funds to further development of Arc, a reentry vehicle designed to provide what it called “precision delivery on-demand” from space to the Earth. The company is currently working on the design of Arc with a first flight planned for 2026.

The number of companies developing orbiting cargo capsules, either to provide supplies to the new space stations or to do manufacturing in orbit for return and sale on Earth, appears to be growing by leaps and bounds. First there was SpaceX’s Dragon, though the company has not yet flown any in-space manufacturing missions. Varda followed next, and has already flown and returned one capsule successfully. Sierra Nevada will follow next year with the first launch of its reusable Tenacity Dream Chaser mini-shuttle. Inversion will be the fourth.

In Europe there is The Exploration Company in France with its Nyx capsule, the German startup Atmos with its Phoenix capsule, and the Spanish startup PLD with its Lince capsule. There may be more.

All of these orbiting and returnable capsules have multiple profit opportunities, which explains why there has been a willingness of investors to provide them funds. They can either supply cargo to the four private stations presently under construction, or fly independent orbital missions where the capsule carries equipment to produce products of value that can only be manufactured in weightlessness.

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The space agencies of India and Australia agree to cooperate in recovering Gaganyaan

India’s space agency ISRO yesterday announced that it has signed an agreement with the Australian Space Agency (ASA) to work together in doing ocean recovery of India’s Gagayaan manned capsule.

The IA [Implementation Agreement] enables the Australian authorities to work with Indian authorities to ensure support for search and rescue of crew and recovery of crew module as part of contingency planning for ascent phase aborts near Australian waters.

Apparently ISRO anticipates the possible need for capsule ocean recovery near Australia should there be a launch abort shortly after liftoff.

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Russia and SpaceX complete launches

Both Russia and the American company SpaceX successfully completed launches this morning. First, Russia sent a new Progress freighter on its way to ISS, its Soyuz-2 rocket lifting off from the Baikonur spaceport in Kazakhstan. The cargo ship is planned to dock with ISS in two days.

Next SpaceX put another 24 Starlink satellites into orbit, its Falcon 9 rocket lifting off from Cape Canaveral in Florida. The first stage completed its 20th flight, landing on a drone ship in the Atlantic.

The leaders in the 2024 launch race:

119 SpaceX
53 China
14 Russia
12 Rocket Lab

American private enterprise now leads the rest of the world combined in successful launches 137 to 80, while SpaceX by itself leads the entire world, including American companies, 119 to 98.

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French rocket startup wins multi-launch contract

Capitalism in space: The French rocket startup Latitude yesterday announced that it has gotten a multi-launch contract from the German startup Atmos Space Cargo, which is developing its own returnable cargo capsule.

In a deal announced at Space Tech Expo Europe here Nov. 19, Atmos will buy a minimum of five launches a year of Latitude’s Zephyr rocket between 2028 and 2032. Terms of the deal were not disclosed.

Each launch will place a Phoenix spacecraft into very low Earth orbit, or VLEO. The spacecraft are designed to accommodate payloads for microgravity research in fields like pharmaceuticals and manufacturing, returning them to Earth.

Both companies have raised private investment capital, with Latitude raising $30 million and Atmos $1.4 million. Both are part of the sudden burst of new independent space companies that have emerged in Europe in only the last three years, even as many new American space startups have fallen by the wayside due to technical problems and government red tape.

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

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
» Read more

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FAA approves revised launch rate for Boca Chica; schedules public meetings

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

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

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

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

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.
» Read more

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