Tag: bankruptcy

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.

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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.

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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

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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

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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

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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

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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

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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

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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.

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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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Senate approves Biden’s FCC nominee, giving him a Democrat majority on FCC

9:48 am

FCC: now controlled by Democrats
The FCC, now controlled by the
power-hungry Democratic Party

Failure theater: The Senate yesterday voted 55 to 43 to approve Biden’s Federal Communications Commission (FCC) nominee, Anna Gomez, thus giving the Democrats a 4 to 3 majority on the Commission.

This was Biden’s second nominee to the commission, with the first withdrawn when it was clear the Senate opposed the nominee.

Biden tried again in May with the nomination of Gomez, a State Department digital policy official who was previously deputy assistant secretary at the US National Telecommunications and Information Administration (NTIA) from 2009 to 2023. A lawyer, Gomez was vice president of government affairs at Sprint Nextel from 2006 to 2009 and before that spent about 12 years at the FCC in several roles.

Gomez got through the confirmation process with relative ease, though most Republicans voted against her. Both parties seem to expect the FCC to reinstate net neutrality rules now that Democrats will have a majority.

Imposing net neutrality is essentially socialism/communism for the internet. It will squash competition, cost a fortune, and eventually be used as well to squelch dissent online (which translates into silencing conservatives).

From the perspective of space, the majority on the FCC is likely very bad news as well, for several reasons. » Read more

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Judge to blacklisting Maine governor: The lawsuit against your COVID jab mandate will continue

3:00 pm

Democrat Janet Mills, a proud dictator

A federal district court judge ruled last week that a lawsuit by seven former health employees in Maine can continue, dismissing the absurd argument by Maine’s Democrat governor, Janet Mills, that even though these employees were illegally denied a religious exemption and got fired for not getting the COVID jab, the harm they have endured no longer exists because Mills eventually stopped enforcing her mandate and will repeal it later this month.

The lawsuit in question — Alicia Lowe, et al., v. Janet Mills, et al. — alleges that the State of Maine violated healthcare workers’ First Amendment rights by refusing to allow a religious exemption to the vaccine mandate. The healthcare workers argue that healthcare facilities should have offered reasonable accommodations for employees who objected to the COVID-19 shots for religious reasons.

Because of Mills’ vaccine mandate, which specifically barred any religious exemption, healthcare facilities were unable to offer a testing option for employees. As a result of this, several healthcare workers were fired after requesting a religious exemption to the mandate. Some of those workers have now filed a lawsuit against both members of the state government and their employers.

You can read the judge’s ruling here [pdf]. » Read more

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Why are news organizations still asking advice from the COVID liars of 2020?

1:50 pm

Fauci: Washington's top liar
Anthony Fauci: Washington’s liar-in-chief

Two stories in the past week got some notice in the conservative press as it reported on the increasing ramp up of fear-mongering about a new COVID epidemic (coincidently timed to arrive just before the 2024 election) by politicians, health officials, and the mainstream press.

The first story produced a lot of coverage because it involved the embarrassing appearance of Anthony Fauci on CNN, who when challenged directly on the recent research that has found masks accomplish nothing (which by the way simply confirms decades of earlier research that told us the same thing) still claimed that masks worked, and that this evidence should be ignored. You can watch Fauci’s moment of tragic black comedy here. His key response is at best incoherent, and at worst an utter lie and a denial of plain facts.

“Yes, but there are other studies, Michael, that show at an individual level, for individual, when you’re talking about the effect on the epidemic or the pandemic as a whole, the data are less strong. But when you talk about as an individual basis of someone protecting themselves or protecting themselves from spreading it to others, there’s no doubt that there are many studies that show that there is an advantage. When you took it at the broad population level like the Cochrane study, the data are less firm with regard to the effect on the overall pandemic. But we’re not talking about that, we’re talking about an individual’s effect on their own safety. That’s a bit different than the broad population level.”

Fauci refers to the “many studies” proving his position, but of course he can’t name them because they don’t exist. Even during the worst of the Wuhan panic the few studies that came out claiming some efficacy of masks were all found to be weak or flawed or downright fraudulent. He also makes the patently stupid claim that masks still work on an individual level, even though he admits the evidence for more than a century shows they don’t work at all.

This is what Michael Cantrell at PJMedia had to say about Fauci’s rationalizations:
» Read more

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Starship and Superheavy: Ready for launch but still blocked by the White House

11:02 am

Starship stacked on Superheavy, September 5, 2023

Elon Musk yesterday tweeted a short video showing Starship prototype #25 as it was stacked on top of Superheavy prototype #9, stating that both were now ready for their orbital test launch, the second attempt by SpaceX to launch this new rocket.

The image to the right is a screen capture from that movie, showing the full rocket ready to go. When it will go however remains a complete unknown, as Musk himself noted in the tweet: “Starship is ready to launch, awaiting FAA license approval.”

In May I predicted that though Musk predicted at that time that SpaceX would be ready to do this launch in August, it would not happen then or likely for months afterward, because the FAA under the Biden administration is slow-walking all launch approvals for SpaceX, as I showed in detail in a later June essay.

It is now September. SpaceX didn’t meet Musk’s original August ready date for launch, but it only missed that target by about five days. And as I predicted, the FAA has also not yet approved the launch license.
» Read more

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Pushback: Doctor partly reinstated after health officials threaten him for stating obvious facts about COVID

1:31 pm

John Littell, persecuted for being a thoughtful doctor
John Littell, persecuted
for being a thoughtful doctor

They’re coming for you next: When the American Board of Family Medicine (ABFM) stripped Florida doctor John Littell of his medical license in March 2023 because he had publicly advocated the use of ivermectin to treat COVID patients while questioning many of the government health policies being imposed during the epidemic, he immediate appealed.

I reported on ABFM’s attempt to blacklist Littell back in April, shortly after it took action against him. At the time it appeared the ABFM’s actions were prompted because he had spoken publicly about his successful use of ivermectin at a hospital board meeting, a meeting from which he was evicted.

Interviews with Littell went viral after he gave a speech at the Sarasota Memorial Hospital Board meeting last month in support of using Ivermectin to treat Covid and was subsequently removed by police after approaching a sympathetic board member. Since the video’s release Littell has amassed a large Twitter following and even appeared on Dr. Drew’s TV show to talk about what happened.

ABFM then sent him a letter “saying he’d been de-certified for ‘spreading false, inaccurate, and misleading materials about COVID-19, COVID-19 vaccination, and treatment and mitigation of the virus.'”

Finally in response to Littell’s appeal in July ABFM decided to reinstate his license, but it also declared the license was retroactively de-certified for the previous three months, even though he had still being seeing patients because his license was supposed to be still active pending appeal.
» Read more

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The New York Times suddenly allows two scientists to admit the Big Bang theory might be wrong

9:09 am

Modern science
Modern science

The refusal by many in the scientific community to deny there is any uncertainty of science has been best illustrated for decades by the cosmologists who have put together the framework of the standard model for the creation of the universe, centered on the Big Bang, and their pitchmen in the mainstream press. Since the 1960s any skepticism of this model was generally treated as equivalent to believing in UFO’s, aliens, and the Face on Mars.

Thus, astronomers and astrophysicists did what necessary to protect their careers. Even if they had great doubts about the standard model and the Big Bang, they generally kept their mouths shut, saying nothing. Meanwhile, our increasingly corrupt press pushed this one explanation for the formation of the universe, treating the cosmologists who pushed it as Gods whose every word was equivalent of an oracle that must never be questioned.

This past weekend the New York Times suddenly admitted to the uncertainty surrounding the Big Bang, and for possibly the first time in decades allowed two scientists to write an op-ed that carefully outlined the problems with the standard model and the Big Bang theory, problems that have existed and been growing since the 1990s but have been poo-pooed as inconsequential and easily solved. Data from the Webb Space Telescope however has made that poo-pooing more and more difficult, as astrophysicists Adam Frank and Marcelo Gleiser make clear:
» Read more

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Real pushback: School district immediately cancels ban on prayer when threatened with lawsuit

1:27 pm

The First Amendment, becoming accepted once again
The First Amendment, becoming accepted once again

Bring a gun to a knife fight: When the officials at West Shore School District in Pennsylvania sent out a letter to the presidents of the various booster clubs at its schools ordering them to “halt prayers at future banquets, and at any other school-sponsored activity” and claiming falsely that “student-initiated prayers at school events are illegal,” two non-profit free speech legal firms, First Liberty and the Independence Law Center teamed up to immediately send a letter to the district challenging that order:

First Liberty and our friends at the Independence Law Center quickly sent a letter to district officials asking them to immediately rescind that threatening letter. Our legal team offered to help draft a new letter and policies to ensure the district would not illegally discriminate against students and staff.

We explained in our letter that the First Amendment prohibits a school district from acting in a hostile manner toward religious belief.

To my readers this story is familiar. What has normally happened next in the past few years — since censorship and blacklisting has become all the rage by those in power — is that the government officials either ignore the letter or publicly defy it. Sometimes they double down and actually fire someone for exercising their First Amendment rights. What follows next is of course a lawsuit, which almost routinely ends in a crushing defeat for the school that costs it significantly in damages.

This story however ended quite differently:
» Read more

7 comments

Pushback: Class action discrimination lawsuit filed against Gannett newspaper

1:34 pm

The Gannett logo abandoned in 2011
This Gannett logo was abandoned in 2011, for
one that eliminated any mention of equal employment.
We now know why.

“Segregation today, segregation tomorrow, segregation forever!” In what is certainly going to the beginning of a wave of lawsuits, five current and former Gannett employees, all white, have filed a class action lawsuit against the company, claiming its quota policies instituted in 2020 following the death of George Floyd are racist and discriminatory, favoring minorities over whites simply because of their race.

In the lawsuit, plaintiff Steven Bradley says he was fired from a management job at the Democrat and Chronicle newspaper in Rochester, New York, and then passed over for a different position with Gannett because he is white. Bradley in April filed a similar lawsuit against Gannett in New York state court. The status of that case was unclear.

Another plaintiff, Logan Barry, says he was in line for promotion to a leadership position at the Progress-Index in Petersburg, Virginia. After Gannett acquired the newspaper in 2019, the job went to a Black woman with fewer qualifications, according to the lawsuit.

The plaintiffs accused Gannett of violating a federal law prohibiting race discrimination in contracts. They are seeking to require Gannett to eliminate the 2020 policy, along with lost pay and benefits and other money damages.

» Read more

3 comments

The utter ignorance of modern educators on proud display the last two days in Colorado

3:32 pm

Jaiden and school official
Click to watch the video

In the last few days a story about a 12-year-old boy who was banned from classes because he had a Gadsden flag sticker on his backpack has gone viral, with the school, The Vanguard School, forced to cancel its parents night because of the outrage.

School officials had claimed that the Gadsden flag was not allowed at the school because it had “its origins in slavery and the slave trade,” a false statement of such utter ignorance of American history it leaves anyone with any education breathless with astonishment. The picture to the right shows the student Jaiden reacting in bemused disbelief at the moment that school official (in the background) made this absurd claim. He clearly knows more about American history than this brainless school official.

Not surprisingly, the uproar quickly caused the school’s board of directors to call an emergency meeting in which they backed down, especially as Jaiden had said he intended to continue to come to classes with the sticker on his pack, and would even do a sit-in if they dared try to kick him out again.

My purpose in mentioning this story however is to show how it illustrates so completely the bankruptcy of our education system today. Educators simply do not know American history, even though they are the people we expect to teach it. And when that ignorance is discovered, as in this case, they can’t just admit error and apologize, they have to equivocate and add more lies to their foolishness.
» Read more

9 comments

Reviewing a book blacklisted by Amazon because it dared say things Amazon doesn’t like

1:35 pm

The Plague of Models, blacklisted by Amazon
The Plague of Models, blacklisted by Amazon

They’re coming for you next: Last week I posted an essay on the over-use and misuse of computer modeling in today’s scientific community, focused specifically on the unreliability of all climate models to successfully predict any actual climate trends.

One of the individuals who read my essay, Kenneth Green, immediately commented here on Behind the Black to note that he had just published a book on this very subject, entitled The Plague of Models: How Computer Modeling Corrupted Environmental, Health, and Safety Regulations, describing how the misuse of models has resulted in the proliferation of government regulations based not on actual data but on computer models that in many ways are nothing more than the opinions of the computer programs.

Green also noted that Amazon has refused to make his book available for sale, essentially banning it for no justifiable reason. As he explained to me in an email,

My publisher, who is a start-up small Canadian publisher specializing in public policy books, tried to upload The Plague of Models to Amazon, as he had previously done with half a dozen other books while working at previous institutions as in-house publisher.

This time, unlike his previous experiences, the book was taken down shortly after it was uploaded (and we know the upload process worked, since the book was available briefly for preview, so there was no technical issue with the manuscript file). The publisher got a form-letter email saying that the book had been taken down because it may have violated some (non-specific) Amazon Term of Service. When he sent a note back requesting clarification/appeal, he got another form letter, this one repeating that the book may have violated some term of service, and warning that any attempt to re-upload would get his entire account terminated.
» Read more

15 comments

Pushback: Court rules against East Lansing’s attempt to blacklist Christian for following his beliefs

1:38 pm

Country Mills Farms-banned!
The Tennes are a normal family! We must blacklist them!

They’re coming for you next: Today’s blacklist story is a follow-up on a August 2021 post, and is a victory, of a sort. As I reported then, after farmer Steve Tennes (shown to the right with his family) made the egregious error of stating his strongly held Christian belief that marriage is for a man and a woman only, and he would only rent his farm for such marriages, and not same-sex marriages, the city government of East Lansing decided to specifically write rules that would ban his farm from participating in its local farmer’s market.

The ban against their business, Country Mill Farms, was begun in 2016. Though a court quickly ruled that it was unconstitutional, the city renewed the ban in 2018 and has maintained it since, claiming the court’s ruling only applied to the 2017 season.

The logic of the East Lansing government is actually quite blatent: It believes it has the right to dictate what others can or cannot say in public, the first amendment be damned.

The city’s new rules quite clearly stated it was illegal for anyone to “make a statement which indicates that an individual’s patronage or presence at a place of public accommodation is unwelcome or unacceptable because of sexual orientation, gender identity, or expression.” You essentially had to agree to its queer agenda policies in all things, even if you were not in East Lansing or were doing business in a farm many miles away. And you better not express any dissent to those policies either!
» Read more

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