Tag: bankruptcy

Pushback: Gestapo police chief who raided Kansas newspaper in August suspended

12:52 pm

Police Chief Gideon Cody, proud to emulate Nazi tactics
Police Chief Gideon Cody, proud to emulate
Nazi tactics

They’re coming for you next: For his part of a Gestapo-like raid in August of the town’s newspaper, the police chief of the town of Marion in Kansas, Gideon Cody, was suspended from his job on September 30, 2023 by the town’s mayor, Dave Mayfield.

Cody’s suspension is a reversal for the mayor, who previously said he would wait for results from a state police investigation before taking action. Vice-Mayor Ruth Herbel, whose home was also raided Aug. 11, praised Cody’s suspension as “the best thing that can happen to Marion right now” as the central Kansas town of about 1,900 people struggles to move forward under the national spotlight.

At the moment is not clear whether Cody’s suspension is with or without pay.

This is a followup on a previous blacklist column, posted in August when that raid occurred. The raid, which not only included the newspaper’s offices but the homes the town’s vice mayor, the newspaper’s 98-year-old owner, Joan Meyer (resulting in her death the next day from a heart attack), and one reporter.

As noted then, the raid was uncalled for on numerous levels. » Read more

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Stopgap budget bill includes three-month extension of regulatory “learning-period”

9:00 am

The stopgap 45-day continuing resolution passed by Congress on September 30, 2023 also included a three-month extension of regulatory “learning-period” first established in 2004 and extended several times since then.

Among the provisions in that FAA reauthorization was a three-month extension of the existing restrictions on the FAA’s ability to regulate safety for commercial spaceflight participants. That restriction, often called a “learning period” by the industry, was set to expire Oct. 1 but now runs until Jan. 1.

It must be noted that this so-called limitation on FAA regulation of commercial spaceflight really does not exist any longer, no matter what law Congress passes. The administrative state really runs the show now, and both the FAA and Fish & Wildlife have decided heavy regulations are required, and are imposing such controls over SpaceX’s Superheavy/Starshp test program, while the FAA by itself is imposing strict regulation on Blue Origin’s New Shepard suborbital spacecraft. The result is a slowdown in launches for both, extending months to a year.

It also appears that this heavy regulation is squelching launches of new rockets. Last year four new rocket startups attempted new launches (Astra, ABL, Firefly, Relativity), some making multiple attempts. This year, such test flights have essentially ceased, with only Firefly completing one launch for the military. Worse, two of those companies (Astra and Relativity) have abandoned their rockets entirely, claiming they are building new bigger versions, but one must now wonder.

The long term historical significance of these facts extends far beyond the space industry. Increasingly the unelected bureaucracy in Washington is taking on powers it is not supposed to have, while Congress (which is delegated those powers) increasingly is irrelevant. The shift in power signals a major reshaping of American governance, in a direction that is not good for freedom or the fundamental concepts that established the country and made it a success.

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Today’s blacklisted American: Coach fired by Vermont school for simply expressing some facts during a civil conversation

2:11 pm

Vermont: Where you are only allowed to say things that support the queer agenda
Vermont: Where the only speech allowed must
support the queer agenda

They’re coming for you next: Despite founding the snowboarding program at Woodstock Union High School in Vermont in 2011 and heading it for its entire history, David Bloch was immediately fired without due process by his school the day after he had a very civil private conversation with his students about males claiming to be female and competing against women.

This is what he did, according to his non-profit legal firm, the Alliance Defending Freedom:

In February [2023], Bloch and his team were waiting in the lodge for a competition to start. That day, Bloch’s team was set to compete against a team that had a male snowboarder who identifies as a female and competes against females. During downtime in the lodge, Bloch overheard a conversation between two of his athletes about that male competing against females. Bloch joined the conversation to comment that people express themselves differently and that there can be masculine women and feminine men. He also affirmed that as a matter of biology, males and females have different DNA, which causes males to develop differently from females and have different physical characteristics, and that those biological differences give males an advantage in athletic competitions.

The conversation was respectful among all parties and lasted no more than three minutes. It took place entirely outside the presence of the male snowboarder who identifies as female, and Bloch’s team and the other team went on to compete without incident. After the competition, the two teams and their coaches, including Bloch, shared a bus home.

The very next day the superintendent of the Windsor Central Supervisory Union, Sherry Sousa, called Bloch into her office to tell him he was fired, even though the investigation against him was incomplete.
» Read more

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California school district blacklists Christian club from elementary school

1:45 pm

Hayward Unified School District: hostile to religion

They’re coming for you next: Despite allowing the Good News Clubs of the Child Evangelism Fellowship to meet in its Fairview Elementary School for years prior to the COVID lockdowns, the Hayward Unified School District has since blocked further meetings with no explanation, even as it has allowed many other similar but secular clubs to return.

As a result, the non-profit legal firm Liberty Council has sent a demand letter [pdf] to Hayward, threatening it with legal action if it does not immediately allow the Good News Clubs meeting space. As the letter notes,

California law and District policies do not permit the District to deny the use of facilities to
the GNC [Good News Club], particularly where such are made available to Scouts and GOTR [Girls on the Run]. District practice has been to make facilities freely available to these and other groups similarly situated to the GNC, immediately after school. Moreover, the First Amendment to the United States Constitution, made applicable to the States (and the District) by the Fourteenth Amendment, also prohibits discriminatory denials of facilities use based on unbridled administrator discretion, or based upon religious viewpoint.

» Read more

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More than a year after the New Shepard accident, the FAA finally closes its investigation

9:58 am

It appears that Elon Musk and SpaceX is not the only space company being stymied by the new heavy-handed regulation coming from the federal bureaucracy since Joe Biden took power. In a statement issued yesterday, the FAA announced that is had finally closed its own investigation into the New Shepard accident that occurred on September 12, 2022, more than a year after it occurred. More significantly, the FAA also said that despite completing its investigation, it is still denying Blue Origin a launch license to resume suborbital flights.

The FAA required Blue Origin implement 21 corrective actions to prevent mishap reoccurrence, including redesign of engine and nozzle components to improve structural performance during operation as well as organizational changes. … The closure of the mishap investigation does not signal an immediate resumption of New Shepard launches. Blue Origin must implement all corrective actions that impact public safety and receive a license modification from the FAA that addresses all safety and other applicable regulatory requirements prior to the next New Shepard launch.

It once again must be stated that there is no one at the FAA truly qualified to make such recommendations. These are paper-pushers, even if they have some engineering background. The FAA must rely on Blue Origin’s own engineers to determine these issues, as well figure out what must be done to fix them.

While Blue Origin’s own corporate culture — terribly slow at accomplishing anything — is certainly at major factor in these delays, it appears the FAA has not been helping. Blue Origin had announced the completion of its own investigation in March, six months ago, with the same conclusions as the FAA investigation completed now. Why did it take the FAA six more months to close its own investigation?

Moreover, the FAA’s statement makes it clear that Blue Origin has not yet satisfied the government’s demands, even though the investigation is closed. For Blue Origin to have still not implemented the corrections is to be expected, considering its slow methods of operation, but this statement — similar to the statement issued in connection with closing its investigation of the SpaceX’s Superheavy/Starship test flight — suggests a new and unprecedented policy at the FAA, treating all space-related incidents as if the rockets and spacecraft are no different than airplanes. First it will take its time issuing its own investigation, then it will take its time approving the corrections any company implements, just to make sure all the “i”s are dotted and the “t”‘s are crossed.

It is also possible that the FAA has been ordered to implement this new heavy-handed policy by higher ups in the White House on all companies, in order to hide the political motivations that have been targeting SpaceX and Elon Musk.

Regardless, this new strict regulation likely means we should expect a serious slowdown in the rebirth of commercial space. The renaissance of achievement by private enterprise in the past decade in space could be ending.

4 comments

Today’s blacklisted American: Hollywood’s new racist discrimination employment policies which blacklist whites

2:20 pm

Hollywood: eager to discriminate based on race

They’re coming for you next: According to a lawsuit filled by the non-profit legal firm First Liberty on behalf of James Harker, a white film electrician, the film industry has set up a racially segregated apprentice program that specifically excludes whites and is designed only for minorities.

When Harker complained about the bigoted nature of this program, he was then blacklisted, and has no longer been able to get any freelance jobs, despite 27 years of experience in the industry.

You can read the lawsuit here [pdf]. The program itself is called “Double the Line” (DTL). Its purpose is to force film companies to hire one minority to match every crew person it hires normally. That minority will be paid a full if not higher salary, regardless of his or her experience or training, and will later receive favored treatment in hiring, in order “to push forward a demographic shift,” as noted on the Equity and Inclusion website of the Association of Independent Producers (AICP), one of the defendents in this case.

In other words, the program specifically favors minorities in hiring and training, and specifically excludes whites because of their race.

The lawsuit was triggered when Harker discovered this program on a job. » Read more

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Expect long delays after third Artemis mission

10:24 am

Link here. The article outlines from a different perspective the many problems faced by NASA’s Artemis program, specifically related to its SLS rocket.

First, that fourth Artemis mission will require a larger first stage, which is far behind schedule and should not be ready until late 2028 (though I predict at least one to two years beyond that date).

Second, that larger upper stage will require completion of a new mobile launcher platform, replacing the mobile launcher now in use that cost about a half billion and will only be used three times. The new launcher platform however is also behind schedule and overbudget. Its completion is not expected until 2027 (though I predict at least one year beyond that date).

Thus, even if the third Artemis mission flies in 2026, as presently scheduled, it will be at least two years before the fourth can fly, but more likely the gap will be three to four years.

Everything related to NASA’s SLS rocket is a mess. If the people running our government had brains, they would immediately dump it and do everything they can to speed development of Starship/Superheavy, which has a better design, is reusuable, is more powerful, has greater capabilities, and most important of all, will be able to fly frequently and quickly at a very low cost, something that SLS will never be able to do.

Unfortunately, the people running our government have no brains, or to be more precise, refuse to use them because of their own selfish petty interests. SLS will go on, wasting billions. And the effort to squelch Starship/Superheavy will also continue, because these petty federal officials can’t have a private company show them up. No way! It must be their way, or the highway!

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Small group of astronomers call for renaming the Magellanic Clouds, accusing Magellan of racism

9:38 am

They’re coming for you next: A new group of about fifty astronomers are now demanding that the Magellanic Clouds in the southern hemisphere be renamed because they don’t like it that Magellan was both a man of his time and also a white European explorer.

Magellan’s name is not fitting, astronomer Mia de los Reyes and colleagues argue. The leader of the first expedition to successfully circle the globe, Magellan enslaved and killed Indigenous people encountered on the voyage, which set out from Spain in 1519.

“Because we’re naming things in the night sky, which belongs to everyone, we think that it’s important to have names that reflect all of humanity,” says de los Reyes, of Amherst College in Massachusetts. She calls for the name change in an opinion piece published September 12 in Physics. Magellan’s voyage helped pave the way for Spanish colonialism in South America, Guam and the Philippines, says de los Reyes, who is Filipino American. “Many people see Magellan as a villain in the Philippines.”

No matter that Magellan was a great explorer who sacrificed his life to finally prove without doubt that the Earth was a sphere. No matter that he was the first person to document the existence of the Magellanic Clouds, which is why they are named for him. He was white and a European, and thus his place in history must be cancelled forever.

It also should not matter that the claims against Magellan are partly true, though magnified greatly into a slander by the use of Marxist terms. His prime mission was one of exploration, and the natives he kidnapped were taken not for purposes of slavery but to provide further documentation of what he had discovered.

No human being is perfect, and if we accept these demands to measure the past by these perfect standards we will have to cancel all history forever.

Which by the way is the real point. These radicals aren’t really interested in honoring the right people and taking honor away from the wrong people. What they want to do is to discredit all past Western history, and replace it with a Marxist fantasy that makes believe the achievements of European and Western Civilization never happened.

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Giant Magellan Telescope begins fabricating its seventh mirror

9:23 am

The fabrication of the seventh and last mirror for the Giant Magellan Telescope (GMT) has begun, with its completion and installation expected before the end of the decade.

In the project’s latest development, the Richard F. Caris Mirror Lab at another founding project partner, the University of Arizona, closed the lid on nearly 20 tons of the purest optical glass inside a one-of-a-kind oven housed beneath the stands of the university’s football stadium. The spinning oven will heat the glass to 1,165 degrees Celsius, so that as it melts, it is forced outward to form the mirror’s curved paraboloid surface. Measuring 8.4-meters in diameter—about two stories tall when standing on edge—the mirror will cool over the next three months before moving into the polishing stage.

Once assembled, all seven mirrors will work in concert as one monolithic 25.4-meter mirror—a diameter equal to the length of a full-grown blue whale—resulting in up to 200 times the sensitivity and four times the image resolution of today’s most advanced space telescopes.

A decade ago it was expected that this telescope in Chile would follow the Thirty Meter Telescope (TMT), while also working in parallel with it, with TMT covering the northern hemisphere and GMT covering the southern hemisphere. Now GMT is likely to forever work alone, as TMT remains blocked in Hawaii by the government and anti-western, anti-white protesters, and will likely never be built.

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Pushback: Federal court rules against ban of Christian student group by San Jose Unified School District

2:05 pm

San Jose Unified School District:
San Jose Unified School District: Where Satan
worshipers are welcomed and Christians banned.

They’re coming for you next: On September 13, 2023 the Federal Ninth Circuit Court overturned a ban of the student group, the Fellowship of Christian Athletes (FCA), by San Jose Unified School District, stating that the district cannot allow some groups it agrees with to meet on campus but ban religious groups it dislikes.

The history:

In April 2019, controversy erupted at the San Jose Unified School District’s Pioneer High School in California over a Fellowship of Christian Athletes requirement that student leaders comply with the group’s Statement of Faith and its Sexual Purity Statement. The former requires student leaders of the group to hew to the tenets of traditional Christian theology and the belief that “marriage is exclusively the union of one man and one woman,” while the latter affirms that “the appropriate place for sexual expression is in the context of a marriage relationship.” After a teacher complained about FCA’s faith requirements to the school principal and later presented his concerns to a school leadership “Climate Committee” composed of several school department chairs and administrators, the school revoked FCA’s official recognition as a school student club.

For the 2019-20 school year, FCA applied for recognition again and, predictably, was denied. Yet as the Ninth Circuit notes, the Satanic Temple Club, which even the complaining teacher believed was formed to mock FCA, was approved despite having its own set of non-religious “tenets” similar to FCA’s faith requirements.

» Read more

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Lacking funds to build its spacecraft, the VERITAS project team goes to Iceland

12:29 pm

Because NASA has cut almost all funding for the VERITAS mission to Venus in order to fund its overbudget, badly managed, and behind schedule Mars Sample Return mission, the VERITAS science team, held over with only a tiny holding budget for the next seven years, has taken a geology trip to Iceland to study the volcanoes there.

Early last month, one such field campaign took the mission’s science team to a barren and rocky region in Iceland. There, they studied rocks and surfaces near an active volcano named Askja. Such volcanic areas are being used as analogs of Venus to understand the different types of eruptions that may occur on its surface, and to test out various technologies and techniques to prepare for the VERITAS (or Venus Emissivity, Radio Science, InSAR, Topography and Spectroscopy) mission, which is not expected to launch sooner than 2031.

The article at the link focuses on this research, but the real story is this quote:

The VERITAS science team — which is being supported by a shoestring budget of $1.5 million until 2028, after NASA pulled the mission’s funding earlier this year and disbanded its entire engineering wing — collected samples of young rocks and recent lava flows near the Askja volcano that will be analyzed in a lab, according to a NASA statement.

The reason the budget was pulled was to scrap together any funds available from within NASA’s planetary program for that Mars Sample Return Mission, which is doing to the planetary program what the Webb Space Telescope did to NASA’s astronomy program: killing it. As long as NASA and Congress remain committed to that sample return mission, do not expect many new planetary missions to other planets to fly. Its budget has already quadrupled, and its launch is already expected to be delayed. Worse, the mission’s basic design remains tentative, with many major components nothing more than cool graphics on powerpoint presentations, despite having spent gigantic amounts already.

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Pushback: Pennsylvania HS students stage walk-out protesting rule allowing boys inside girls’ bathrooms

1:03 pm

A little child shall lead them, by James Johnson
“A little child shall lead them,” painting by James L. Johnson.

Bring a gun to a knife fight: On September 22, 2023 hundreds of students attending high school in Pennsylvania’s Perkiomen Valley School District walked out of classes in protest when the local school board refused to pass a new rule that would forbid boys from using the girls’ bathroom.

The school board had voted against the rule earlier in the week. According to superintendent Dr Barbara Russell it rejected the rule because of its own “anti-discrimination code which states gender identity is a protected class.”

To put it in plain English, the law now allows transvestites or cross-dressing boys to leer at young girls while they go to the bathroom, and no one can do anything about it.

The students in these high schools however did not agree, and made that disagreement quite clear in their protest. I strongly suspect that even when they return to class, there is going to be an organized effort to protect the girls from such perversion. Note this quote:
» Read more

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Pushback: California county sued for using cellphones to track movements of church-goers

12:14 pm

Santa Clara seal

They’re coming for you next: Santa Clara county in California is now being sued by Calvary Chapel San Jose and its pastor Mike McClure for using without warrant the GPS data from the cellphones of the church’s members to track their movements without their knowledge.

On August 22, 2023, a lawsuit was filed by Advocates for Faith and Freedom on behalf of Calvary Chapel San Jose against Santa Clara County, California, for utilizing geofencing methods to spy on church members during the COVID-19 pandemic. Earlier this year, Santa Clara County imposed a $1.2 million fine against the church for not abiding by the State’s and County’s COVID-19 restrictions.

Santa Clara County utilized an investigative method known as geofencing. Geofencing is a technological tool the government uses to track people relative to their location and likely locations. This tool is typically used in police investigations of criminal activity and, in these instances, requires a warrant– which is not always granted.

The lawsuit complaint can be read here [pdf]. As it notes:
» Read more

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House speaker Kevin McCarthy proposes bill to extend “learning period” for rocketry

9:52 am

The speaker of the House, Kevin McCarthy (R- California) today introduced what he calls the STAR act, which would extend the learning period that exempts the new human commercial space industry from heavy regulation from its impended expiration this year for eight more years, to 2031. From his statement:

The STAR Act would extend the learning period by 8 years to provide sufficient time for the FAA and commercial space industry to develop consensus standards for human safety in space flight. The bill’s proposed 8-year extension corresponds with the lengths of the original learning period — from 2004 to 2012—and the extension by Rep. McCarthy’s SPACE Act (P.L. 114-90) — from 2015 to 2023.

More information here. That McCarthy has introduced this bill suggests its chances of passage are high, assuming a very divided and partisan Congress can manage to pass anything in the coming weeks.

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Independent review: NASA’s Mars sample return mission is in big trouble

9:27 am

Perseverance's first set of core samples, placed on the floor of Jezero Crater
Perseverance’s first set of core samples,
placed on the floor of Jezero Crater

An independent review of NASA’s Mars sample return mission (MSR) to pick up the core samples being collected by the rover Perseverance has concluded that the project has serious fundamental problems that will likely cause it to be years late and billions over-budget, assuming it ever flies at all.

You can read the report here [pdf]. After thirteen pages touting the wonders and importance of the mission to get those samples back to Earth, the report finally gets to its main point:

However, MSR was established with unrealistic budget and schedule expectations from the beginning. MSR was also organized under an unwieldy structure. As a result, there is currently no credible, congruent technical, nor properly margined schedule, cost, and technical baseline that can be accomplished with the likely available funding.

Technical issues, risks, and performance-to-date indicate a near zero probability of [the European Mars orbiter intended to bring the sample back to Earth] or [the Earth sample facility] or [the Mars ascent vehicle] meeting the 2027/2028 Launch Readiness Dates (LRDs). Potential LRDs exist in 2030, given adequate funding and timely resolution of issues.

• The projected overall budget for MSR in the FY24 President’s Budget Request is not adequate to accomplish the current program of record.

• A 2030 LRD for both [the sample return lander] and [the Mars orbiter] is estimated to require ~$8.0-9.6B, with funding in excess of $1B per year to be required for three or more years starting in 2025.

Based on this report, a mission launch in 2030 is only “potentially” possible, but only wild-eyed dreamers would believe that. It also indicates that the budget for each component listed above requires several billion dollars, suggesting the total amount needed to achieve this mission could easily exceed in the $30 to $40 billion, far more than the initial proposed total budget for the U.S. of $3 billion.

None of this is really a surprise. Since 2022 I have been reporting the confused, haphazard, and ever changing design of the mission as well as its ballooning budgets. This report underlines the problems, and also suggests, if one reads between the lines, that the mission won’t happen, at least as presently designed.

The report does suggest NASA consider “alternate architectures in combination with later [launch readiness dates].” Can you guess what might be an alternate architecture? I can, and its called Starship. Unlike the proposed helicopters and ascent rocket and Mars Orbiter, all of which are only in their initial design phases, Starship is already doing flight tests (or would be if the government would get out of the way). It is designed with Mars in mind, and can be adapted relatively quickly for getting those Perservance core samples back.

Otherwise, expect nothing to happen for years, even decades. In February 2022 I predicted this mission would be delayed from five to ten years from its then proposed ’26 launch date. A more realistic prediction, based on this new report, is ten to twenty years, unless NASA takes drastic action, and the Biden administration stops blocking Starship testing.

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Pushback: Professor blacklisted by North Texas U wins in Federal court

1:29 pm

North Texas University: where censorship and blacklisting is celebrated

Bring a gun to a knife fight: Today’s blacklist story follows up on the case of professor Timothy Jackson, who was dismissed in 2021 by the University of North Texas (UNT) as the editor of a history of music journal he had founded because he and his student editors had organized an issue dedicated to disproving the anti-white and racist accusations of a different professor against a well known musical figure.

From his lawyer’s most recent press release:

The Journal of Schenkerian Studies is dedicated to a late 19th/early 20th-century Austrian-Jewish music theorist, Heinrich Schenker, and his systematic, graphic methods of music analysis. In July 2020, Timothy Jackson defended Schenker in the pages of the Journal from an attack by Hunter College Professor Philip Ewell. Professor Ewell labeled Schenker a “racist” and, indeed, the entire tradition of Western classical music as “systemically racist.” This dispute would have remained a typical academic tempest in a teapot, but the University of North Texas swiftly condemned Jackson’s defense of Schenker and classical music. At UNT, defending classical music and its theory against charges of “racism” is a “thought crime.”

Graduate students quickly condemned Professor Jackson for “racist actions” and various other derelictions that they claimed hurt their feelings. Calls for Professor Jackson to be fired quickly escalated, and the vast majority of Jackson’s fellow faculty members jumped on the bandwagon. Sixteen of them signed a graduate student petition calling for his ouster and for censorship of the Journal. Discovery revealed that at least one did so without even reading or understanding what the petition said.

Officials at the university subsequently removed Jackson as editor of the journal, apparently because he had freely expressed his first amendment rights to dissent publicly from Ewell’s false accusations against Schenker. As I noted in 2021,
» Read more

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FAA and FCC now competing for the honor of regulating commercial space more

9:44 am

Two stories today illustrate again the growing appetite of federal alphabet agencies to grab more power, even if that power is not included in their statutory authority.

First, the Federal Aviation Administration (FAA) proposed new rules governing the de-orbiting of the upper stages of rockets by commercial launch companies.

The FAA is proposing a new rule requiring commercial space companies to dispose of their rocket upper stages to limit the creation of more space debris. Five disposal methods are allowed: a controlled or uncontrolled deorbit within certain time limits, putting the stage into a less congested orbit or sending it into an Earth-escape orbit, or retrieving it. A 90-day public comment period will begin once the proposed rule is published in the Federal Register.

Though this “appears to implement the updated U.S. Orbital Debris Mitigation Standard Practices issued in 2019,” it upgrades it from a “practice” that the government requests companies to follow to a “rule” they must follow. It also expands the power of the FAA to regulate commercial rocket companies, setting a new precedent of control that I guarantee with time will expand further.

Not to be outdone in this power grab, the Federal Communications Commission (FCC) added its own new satellite rules to the satellite licenses of two constellations run by the companies Iceye and Planet. The rules however have nothing to do with regulating the use of the electromagnetic spectrum, which is the FCC’s sole purpose according to the law that created it:
» Read more

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The emerging long term ramifications of the Ukraine War

2:09 pm

With the war in the Ukraine now in the second half of its second year, with no clear outcome on the horizon, I thought it might be a good time to step back and look at what Russia’s invasion has wrought, not just on Russia and the Ukraine, but on the rest of the world, now and possibly into the long term future.

My goal in this essay is to look at the forest, not the trees, and to do so in very broad strokes, based on my experience as a historian who has taken this approach in all my histories.

First however it is necessary to give a short update on the war itself. In my previous two updates in April and July I concluded that the war was devolving into a stalemate, much like the ugly trench warfare of World War I. Nothing has changed that conclusion in the two months since July, a fact that is starkly illustrated by the two maps below, originally created by the Institute for the Study of War (ISW) and modified and annotated by me to highlight the most significant take-aways.
» Read more

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SpaceX sues to get Justice’s discrimination suit thrown out on constitutional grounds

9:20 am

SpaceX on September 15, 2023 filed suit in Texas to get the Justice Department’s August 24th discrimination suit — which claims that the company discriminates against illegal aliens because it obeys State Department security regulations forbidding such hiring — thrown out on constitutional grounds.

From the complaint [pdf]:

But aside from being factually and legally insupportable, the government’s proceedings are unconstitutional for at least four reasons: (1) the administrative law judge (ALJ) adjudicating the government’s complaint was unconstitutionally appointed; (2) the ALJ is unconstitutionally insulated from Presidential authority because she is protected by two layers of for-cause removal protections; (3) the ALJ is unconstitutionally purporting to adjudicate SpaceX’s rights in an administrative proceeding rather than in federal court; and (4) the ALJ is unconstitutionally denying SpaceX its Seventh Amendment right to a jury trial.

The suit specific names two of these administrative judges, as well as attorney general Merrick Garland, as defendents. It also outlines in detail how SpaceX follows the State Department’s law protecting U.S. technology scrupulously, while hiring the most talented people of all races, including non-citizens after getting State Department permission. Even so, the company’s complaint focuses on the unconstitutionality of the Justice Department’s administrative attack, demanding its dismissal for these reasons alone.

As I noted when the Justice Department’s lawsuit was first announced,

This suit is utter garbage and puts SpaceX between a rock and a hard place. I guarantee if SpaceX had hired any illegal or refugee who was not yet a legal citizen, Biden’s State Department would have immediately sued it for violating other laws relating to ITAR (the export control laws mentioned) which try to prevent the theft of technology by foreign powers.

That SpaceX has chosen to fight this lawsuit first on constitutional grounds suggests the company has fundamentally come to the same conclusion. Musk has decided to fight back hard against Biden’s effort to squash him both politically and legally.

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The American Geophysical Union shows off its ignorance of the scientific method

1:03 pm

Recently a climate scientist caused an uproar among scientists and peer-review journals when he admitted in an op-ed that the only way he could get his climate paper published in the journal Nature was to fake his results in order to fit them to the narrative that human-caused global warming is causing all our environmental problems.

In my paper, we didn’t bother to study the influence of these other obviously relevant factors. Did I know that including them would make for a more realistic and useful analysis? I did. But I also knew that it would detract from the clean narrative centered on the negative impact of climate change and thus decrease the odds that the paper would pass muster with Nature’s editors and reviewers.

While that op-ed brutally exposed the political biases at Nature that make it impossible to get honest research published, it only told a part of the story. Nature is only one journal, and if it was the only place this corruption of science was occurring, the problem would be manageable.

In truth it is only one example of a far more widespread problem, because it is now practically impossible for any skeptic of global warming to get his or her work published in almost any scientific journal. Worse, most of the major science organizations worldwide no longer simply favor pro-global warming climate research, they act aggressively to promote only one kind of result, to the point that the things they publish sometimes are little different than Soviet propaganda.

The American Geophysical Union, where science is no longer practiced
The American Geophysical Union, where
science is no longer practiced

As a prime example, I want to focus today on the American Geophysical Union (AGU), an scientific organization initially formed as an umbrella group to help American scientists publish and publicize their research on the study of the Earth, its interior, and its nature as a planet. To do so the AGU publishes a wide range of peer-review journals, all intended as fair-minded outlets for new research.

Sadly, in the past two decades the AG abandoned that primary function. For example, it has made its global-warming biases clear for several decades, essentially telling every climate scientist worldwide that if you submit any paper that raises any questions about global warming, it will be rejected outright.

More recently however the AGU has become even more up front and public about its close-minded approval of the as-yet unproven theory that humans are causing the climate to heat up. » Read more

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Federal government continues to block the return of Varda’s commercial capsule, carrying drugs to treat HIV

9:47 am

Even as the FAA continues to block Varda from returning its capsule back to Earth, the Air Force has now joined in to block its landing at its Utah Test and Training Range, the same location NASA will use on September 24 to drop the return capsule from OSIRIS-REx, carrying material from an asteroid.

Varda originally planned to bring back a capsule containing crystals of ritonavir, a drug used to treat HIV, in mid-July. After announcing that had been delayed [due to the FAA’s refusal to issue a landing license in July], the company was looking at September 5 and 7, a source told TechCrunch. This information was confirmed by USAF.

The company declined to comment, but posted on X that the “spacecraft is healthy across all systems” and that they are continuing to collaborate with regulators to bring the capsule back to Earth. They added that the spacecraft can survive for up to a year on-orbit.

“Sept. 5 and 7 were their primary targets,” a spokesperson for the USAF said in an emailed statement. “The request to use the Utah Test and Training Range for the landing location was not granted at this time due to the overall safety, risk and impact analysis. In a separate process, the FAA has not granted a reentry license. All organizations continue working to explore recovery options.”

The spokesperson further said that Varda “is working on presenting alternate plans,” but would not elaborate further whether that meant seeking an alternate landing site. A spokesperson for the FAA told TechCrunch that Varda’s application was denied on September 6 because the company “did not demonstrate compliance with the regulatory requirements.”

“On September 8, Varda formally requested that the FAA reconsider its decision. The request for reconsideration is pending,” the spokesperson said.

The actions of these agencies is unconscionable and a outright abuse of power. There is no rational reason for the FAA to continue to deny Varda the right to bring its capsule back to Earth. Its claims of environmental impact are bogus, especially since capsules and spacecraft have been returning to Earth like this for more than three-quarters of a century. Nor is there any reason for the Air Force to have blocked the return now. Its claim of issues of “safety, risk, and impact” is utter garbage, especially since it is allowing a NASA capsule to land in this exact same facility in only days, and that capsule is carrying material from an asteroid.

One might question why Varda apparently flew its capsule prior to getting these landing approvals, but it did exactly the right thing, for two reasons. First, if it waited for approvals before flying, it would have no leverage on these power-hungry federal agencies and it likely would still be on the ground, going bankrupt (think of Virgin Orbit in the United Kingdom). This by the way is the same tactic used by SpaceX. You don’t wait on them, you put them under the gun by moving forward as fast as possible.

Second, this situation helps highlight the power grab by these agencies. While the FAA has some concerns relating to conflicts with airplane traffic, that should simply be a matter of coordination and involve no great delay. Similarly, landing on an Air Force base is merely scheduling. Since when did government agencies have the power to block a landing beyond those points? They don’t, not legally, morally, or practically.

Though I am sure most workers at the FAA and Air Force are likely trying to do their best to help
Varda, the structure of such regulatory agencies always encourages the power-hungry to grab power. The result has been endless mission creep, to the point where today no space activity can happen without some government agency sticking its nose in to demand control.

12 comments

FAA confirms: No Starship/Superheavy launch license until Interior approves

4:00 pm

The Kafkaesque Interior Department strikcs again!
The Kafkaesque Interior Department
strikcs again!

They’re coming for you next: In an email today, the FAA confirmed what I had reported yesterday, that though it hopes to issue a launch license for the next orbital test flight of SpaceX’s Starship/Superheavy rocket by the end of October, no license will be issued until Fish & Wildlife in the Interior Department agrees.

Before it is authorized to conduct a second Starship/Super Heavy launch, SpaceX must obtain a modified license from the FAA that addresses all safety, environmental, and other regulatory requirements. As part of that license application determination process, the FAA will review new environmental information, including changes related to the launch pad, as well as other proposed vehicle and flight modifications.

The FAA will complete a Written Reevaluation (WR) to the 2022 Programmatic Environmental Assessment (PEA) evaluating the new environmental information, including Endangered Species Act consultation with the U.S. Fish and Wildlife Service. If the FAA determines through the WR process that the contents of the PEA do not remain valid in light of the changes proposed for Flight 2, additional environmental review will be required. Accordingly, the FAA has not authorized SpaceX’s proposed Flight 2. [emphasis mine]

Tragically, my April prediction is coming true. This launch is almost certainly not going to occur before November, and will almost certainly be delayed until next year.

Note again that until the Biden administration, SpaceX was not required to get a detailed environmental reassessement after every Boca Chica test launch. Fish & Wildlife was not involved, as it shouldn’t be. SpaceX made its engineering investigation, the FAA reviewed it quickly, and the company launched again, at a pace of almost one test launch a month, with almost every launch resulting in a crash landing or an explosion.

Under the Biden administration the rules suddenly changed. Now, all launches are environmental concerns, even though we have empirical data for more than seventy years at Cape Canaveral that rocket launches not only do no harm to wildlife, they allow it to thrive because the spaceport creates large zones where nothing can be developed.

In other words, the Biden administration is playing a raw and cruel political game, designed to kill Starship/Superheavy. And it is succeeding, because it will be impossible to develop this rocket on time for its investors and NASA at a pace of only one test launch per year.

50 comments

Today’s blacklisted American finally wins his four-decade-long fight against the federal government

1:52 pm

So Kafkaesque even Kafka would be astonished
So Kafkaesque even Kafka would be astonished

Bring a gun to a knife fight: In 1982 Sidney Longwell bought a federal oil and gas lease from the Interior Department, with the intention of making money from the oil he extracted from Montana’s Lewis and Clark National Forest. Such leases were not unusual up until then, and in this case was obtained in a perfectly legal manner.

It was not to be, at least for the next four decades, as the Interior Department under five different Presidents repeatedly changed the rules and made arbitary decisions in an effort to somehow illegally cancel that lease. The story, as described by his non-profit law firm, Mountain States Legal Foundation, is quite ugly.

Sidney Longwell first bought his federal oil and gas lease in 1982. But after years of back-and-forth, the Clinton Administration suspended his lease indefinitely in 1993, placing it in regulatory limbo. A decade of fruitless bureaucratic review followed. Finally, in 2013, and with help from Mountain States Legal Foundation, he took the DOI to court, where the agency was forced to address Sidney’s lease. When pressed in 2016 for a decision, the DOI canceled the lease! So, Mountain States and Sidney sued them again.
» Read more

7 comments

One of two major law firms sued for running segregated training programs backs down

2:05 pm

Gadsden Flag - a symbol of unbowing defiance to oppression
Gadsden Flag – a symbol of unbowing defiance to oppression

Bring a gun to a knife fight: Shortly after the Supreme Court ruled in June that racial quotas and affirmative action in college admissions was unconstitutional, the non-profit legal firm the American Alliance for Equal Rights (AAFER) sued two different major law firms, Perkins Coie in Dallas and Morrison & Foerster in Miami, accusing both of illegal discrimination in their segregrated Diversity, Equity, and Inclusion (DEI) training programs that specifically excluded whites and asians.

Perkins Coie, founded in Seattle, offers “diversity fellowships” that provide stipends of $15,000 to $25,000 and paid positions as summer associates, a position that at major law firms can lead to full-time jobs with six-figure salaries. Applicants must belong to “a group historically underrepresented in the legal profession, including students of color, students who identify as LGBTQ+, and students with disabilities,” according to Perkins Coie, which employs more than 1,200 lawyers in the United States and Asia.

Morrison & Foerster, a corporate law firm founded in San Francisco that has more than 1,000 lawyers worldwide, has a similar program that is open to applicants who are Black, Hispanic, Native American or members of the LGBT community. The fellowship consists of a paid summer-associate position and a $50,000 stipend.

Now, only eight days after the lawsuit was filed, one of these law firms, Morrison & Foerster, has backed down, at least superficially, by eliminating in its applications any mention of race or sexual orientation.
» Read more

4 comments

Starship/Superheavy 2nd test launch likely delayed until next year by federal bureaucracy and White House

9:52 am

Starship stacked on Superheavy, September 5, 2023
Starship stacked on Superheavy, September 5, 2023,
when Elon Musk said it was ready for launch

They’re coming for you next: While answering questions from reporters at a conference yesterday on when SpaceX might get its next Starship/Superheavy launch license, FAA acting chief Polly Trottenberg said she hoped that license will be awarded by October, but then slipped in one minor additional detail that had not previously mentioned or required:

SpaceX would still need a separate environmental approval from the U.S. Fish and Wildlife Service before a launch. Trottenberg did not say how long that might take.

Not surprisingly, the story from Reuters buries this detail, spinning the story to make it seem that the FAA is eager to help SpaceX launch. Similarly, this NasaSpaceFlight.com story (a space news outlet which has also tried to spin things to make the delays appear the fault of SpaceX) fails to even mention this detail.

SpaceX is now destacking Starship from Superheavy (live stream here).

I predicted in the spring that intransigence from the federal bureaucracy, controlled by the Biden administration, would likely delay this launch well past August, and likely into next year. I also said I would be thrilled if my cynical prediction turned out to be wrong.

Sadly, it looks like that prediction will be correct, and in fact might have actually been conservative. » Read more

24 comments

Pushback: The momentum builds against the Marxist American Library Association

12:20 pm

Emily Drabinski, now president of the ALA, proudly Marxist and queer
Emily Drabinski, president of the ALA and proudly
Marxist and queer

Bring a gun to a knife fight: Back in July I reported how the library commission of Montana had decided to withdraw its support from and membership in the American Library Association (ALA), not only because of the Marxist agenda being pushed by its new president, Emily Drabinski, but because of the ALA’s aggressive effort to insert pornography in school libraries.

At the time I wrote this:

[I]f more local library organizations followed through as Montana has, the ALA might finally feel the pinch and rethink its policies. Or if it didn’t, it would justify these libraries leaving its fold, as it does not represent them.

Since then there has been a rising flood of other states moving to break free from the ALA. In July, almost immediately after the decision in Montana, the secretary of state of Missouri, who oversees the Missouri State library, withdrew from the ALA, citing the organization’s public effort — pushed under Drabinski’s leadership — to block a “faith-based publisher from holding story hours in libraries.”
» Read more

14 comments

Real pushback: Defiance from all sides to New Mexico’s unlawful suspension of the 2nd amendment

1:27 pm

Michelle Lujan Grisham

When New Mexico’s Democratic Party governor Michelle Lujan Grisham suddenly declared on September 8, 2023 that she was unilaterally suspending the second amendment by outlawing for 30 days the right to carry firearms by any citizens in Albuquerque and its surrounding Bernalillo county, no one should have been surprised.

All Grisham was doing was following the many precedents set during the COVID epidemic, where nationwide governors routinely made unilateral and unlawful declarations violating the Constitutional rights of citizens, with no pushback at all. Grisham was merely following those precedents. To her, it was now okay for a governor to routinely declare a “health emergency” for any reason under the sun (in this case the violent shooting death of an innocent eleven-year-old boy), and declare any law she didn’t like to be null and void.

Grisham was simply demonstrating forcefully the worst lessons learned from the COVID panic. It taught power-hungry politicians that they could get away with any abuse of power they conceived, as long as they dressed that power grab as part of some sort of “health emergency.”

You see, power is very habit-forming, and when you find you suffer no pain for abusing it it is then very easy to abuse it again, and again and again.

The response to Grisham’s unlawful abuse of power however suggested strongly that things are no longer going to follow the script of the COVID panic, when the public meekly went along. Instead, the uproar in the past three days has been astonishing, not so much from the ordinary citizens defying the ban, but from politicians and pundits from across the entire political spectrum.
» Read more

20 comments

Today’s blacklisted American: Law professor fired and escorted by police off campus for being conservative

1:29 pm

Law professor Scott Gerber
Law professor Scott Gerber

They’re coming for you next: In an ugly act of outright thuggery, Ohio Northern University (ONU) recently fired tenured law professor Scott Gerber, without any standard due process as required by its own procedures, and did so by having the campus police arrive unannouced in his classroom to escort him off campus.

As Gerber recounts, “Around 1 p.m on Friday, April 14, Ohio Northern University campus security officers entered my classroom with my students present and escorted me to the dean’s office. Armed town police followed me down the hall. My students appeared shocked and frightened. I know I was.”

Gerber was not given any concrete reasons after being told that he was being banned from campus, other than his lack of “collegiality.” He was directed to sign a separation agreement.

The reason for Gerber’s firing however appears quite obvious if you want to look. The university did not like his uncompromising and public opposition to ONU’s racist Diversity, Equity, and Inclusion policies, which focus solely on favoring minorities in hiring and admissions while working to eliminate and remove any opposition to those racist policies. As he wrote in an op-ed for the Wall Street Journal:
» Read more

18 comments

Good news? FAA issues own report on April Starship/Superheavy launch

11:30 am

The FAA today closed out its own investigation into the April test launch failure of SpaceX’s Starship/Superheavy rocket, stating that it found “63 corrective actions SpaceX must take” before another launch license will be issued.

Corrective actions include redesigns of vehicle hardware to prevent leaks and fires, redesign of the launch pad to increase its robustness, incorporation of additional reviews in the design process, additional analysis and testing of safety critical systems and components including the Autonomous Flight Safety System, and the application of additional change control practices.

It is not clear how many of these corrections have already been completed by SpaceX. The FAA made it clear however that it does not yet consider its requirements to have been met.

The closure of the mishap investigation does not signal an immediate resumption of Starship launches at Boca Chica. SpaceX must implement all corrective actions that impact public safety and apply for and receive a license modification from the FAA that addresses all safety, environmental and other applicable regulatory requirements prior to the next Starship launch.

The timeline suggests FAA is demanding additional actions from SpaceX. The company submitted its own investigation report to the FAA on August 16th. The FAA then spent almost a month reviewing it, during which it almost certainly decided some of SpaceX’s corrections were insufficient. It has now followed up with its own report, listing additional actions required.

Remember, no one at the FAA is qualified or even in a position to do a real investigation. They are simply acting as a chess kibitzer on the sidelines, making annoying commentary based on less information than held by the players of the game (in this case SpaceX). Unlike a chess kibitzer, however, the FAA controls the board, and can force SpaceX to do its recommended moves, or declare the game forfeited by SpaceX.

If the FAA has required additional actions, we will find out in the next few days when SpaceX destacks Starship/Superheavy and rolls both back into the assembly building. It is also possible we instead shall have a few weeks of back-and-forth negotiations by phone, zoom, paper, and face-to-face meetings, whereby SpaceX engineers will be desperately trying to make FAA paper-pushers understand some of their engineering work which will eventually result in an agreement by the FAA to let SpaceX launch.

Remember, none of this kind of regulatory interference and investigation took place between SpaceX and the FAA during the Trump administration when SpaceX was flying a Starship suborbital test flight almost monthly. The heavy boot of regulation arrived soon after Biden. The two are closely linked.

16 comments

GAO blasts NASA for purposely failing to control the budget of its SLS rocket

10:21 am

In a new report [pdf] released yesterday, the Government Accountability Office (GAO) strongly blasted NASA’s non-budgeting process for financing the costs for this SLS rocket, which appear specifically designed to allow those costs to rise uncontrollably.

This one sentence from the report says it all:

NASA does not plan to measure production costs to monitor the affordability of the SLS program.

That non-plan is actually in direct defiance of four different reports by both the GAO and NASA’s inspector general over the past decade, all of which found that NASA was not using standard budgeting practices with SLS and which all demanded it do so forthwith. As this new report notes in reviewing this history, in every case NASA failed to follow these recommendations, and instead created budgetary methods designed to instead obscure the program’s cost.

This report notes that NASA continues to do so.
» Read more

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