Tag: bankruptcy

National Labor Relations Board files complaint against SpaceX

9:51 am

Elon Musk, a target for destruction by Joe Biden
Elon Musk, a target for destruction
by Joe Biden

The Biden administration’s continuing legal harassment of SpaceX and Elon Musk was escalated yesterday when the National Labor Relations Board (NLRB) filed a new complaint against the company, accusing it of firing eight employees illegally for writing a public letter criticizing the company in 2022.

The letter, circulated in 2022, criticized Musk’s actions and the allegations of sexual harassment against him, claiming they were negatively contributing to the company’s reputation. The letter also said the company was failing to live up to its “No Asshole” policy and its policy against sexual harassment.

The letter, whose authorship was not known at the time it was first reported, called on SpaceX to “publicly address and condemn Elon’s harmful Twitter behavior,” to “hold all leadership equally accountable” for bad behavior, and to “clearly define what exactly is intended by SpaceX’s ‘no-asshole’ and ‘zero tolerance’ policies and enforce them consistently.”

According to the NLRB, one SpaceX employer held interviews to determine the writers of the letter, after which they were fired. The case will go before the NLRB in March.

Is this another case of blacklisting, similar to the numerous stories I’ve reported for the last four years where someone was fired for having political opinions? I don’t think so, though some could argue otherwise. In those many other cases, the opinions expressed were generally political in nature and unrelated to the work environment itself. If a company is demanding you bow to critical race theory and admit you are racist simply because you are white and fires you when you refuse, that is not the same as writing a letter accusing your employer of sexual harassment and creating a hostile work environment, and then soliciting signatures from the entire workforce before releasing it publicly. The first case is a direct slander against the employee and is an unreasonable demand. The second is a concerted effort to foster a workplace mutiny, something unacceptable to all employers. It seems the company would have the right to remove such malcontents from its place of business.

Gywnne Shotwell, SpaceX’s CEO, made these facts very clear at the time the letter was published.
» Read more

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SpaceX successfully completes static fire tests of both Superheavy and Starship

12:37 pm

SpaceX today successfully completed static fire tests on both Superheavy and Starship prototypes intended to fly on its next orbital test flight.

The video at the link is four hours long. The Starship engine burn occurs at 1 hour 15 minutes and lasts about five seconds. The Superheavy burn takes place at 2 hours 42 minutes, and lasts about ten seconds. Both burns appeared to operate exactly as planned, though obviously an inspection of the launchpad under Superheavy will have to take place to see if its deluge system operated as intended.

Once again, SpaceX is demonstrating that it will be ready to go for the third orbital test launch of this rocket in mere weeks. Based on these tests today as well as past operations, it seems that all the company needs to do now is stack Starship on top of Superheavy, do another dress rehearsal countdown, and then go.

It won’t however. There is no word from the FAA on when it will issue a launch permit. Based on the previous launch, it will likely not issue the permit when SpaceX says it has completed its investigation of the last launch and is ready to fly again. Instead it will take another month or two writing up its own report (which will essentially reword what SpaceX has told it). Then, once the FAA is finished only then will the Fish and Wildlife Service begin to write up its report (as happened in the fall), causing further delays.

I repeat my prediction from November: No launch until March, at the earliest. The federal government continues to stand in the way of progress, and freedom.

Hat tip to BtB’s stringer Jay.

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Republicans propose another deep state bureaucracy to enforce civil rights laws

12:10 pm

Failure Theater!

Failure theater: In their typically impotent attempt to fight the leftist movement that is imposing a new racial bigotry across America, several Republicans in Congress have proposed a new special government office in Washington that will be specifically assigned the job of preventing racial discrimination at universities.

The College Admissions Accountability Act, introduced by Sen. J.D. Vance (R., Ohio) and Rep. Jim Banks (R., Ind.), would establish a special inspector general within the Education Department—separate from the Office of Civil Rights—to probe potential violations of the colorblind standard set forth in Students for Fair Admissions v. Harvard, which ruled that race-conscious admissions programs violate the 14th Amendment. The bill would also bar schools that flout the decision from receiving any form of federal aid.

…The bill, which appropriates $25 million for the new role and is cosponsored by Sens. Ted Budd (R., N.C.), Mike Braun (R, Ind.), Josh Hawley (R., Mo.), Eric Schmitt (R., Mo.), and Marco Rubio (R., Fla.), does include a sunset clause that would terminate the office after 12 years. Republicans seem to be betting that recalcitrant universities will, after a decade of robust enforcement, throw in the towel and evolve colorblind norms.

These senators and congressmen, along with several conservative think tanks, think naively that this office will the place for anyone of any race to go to get justice should a university receiving federal funds create a program that specifically excludes them solely because of their race. The aim will supposedly be to target specifically the new Diversity-Inclusion-Equity programs at universities and in governments that are imposing this new discrimination against whites, Asians, and Jews.

The foolishness of this plan is hard to measure. » Read more

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Navaho Indians attempt to claim ownership of the Moon, delay Vulcan launch

8:47 am

The president of the Navaho Nation has asked NASA to delay the first launch of ULA’s Vulcan rocket because it carries ashes from a number of people (none who were members of its tribe) that Astrobotic’s Peregrine lander will place on the Moon.

The remains are a payload purchased by the company Celestis, which offers this burial option to anyone who wishes it. On this flight that payload includes a wide range of ashes, including many actors and creators from the original Star Trek series.

Navaho President Buu Nygren claims that the “Moon is sacred to numerous Indigenous cultures and that depositing human remains on it is ‘tantamount to desecration.'”

Nygren highlighted this commitment in his letter, as well as a 2021 memo signed by the Biden administration that pledged to consult the tribe on matters that impact them. “This memorandum reinforced the commitment to Executive Order 13175 of November 6, 2000,” President Nygren wrote. “Additionally, the Memorandum of Understanding Regarding Interagency Coordination and Collaboration for the Protection of Indigenous Sacred Sites, which you and several other members of the Administration signed in November 2021, further underscores the requirement for such consultation.”

In other words, though the Navaho have no plans to ever go there, have done nothing to try to explore it, and have no remains of any tribal members on the flight, he wants to claim the Moon as controlled entirely and forever by the Indian tribes of North America because of a law designed solely to protect specific archeological sites on Earth, where Indian remains are discovered.
» Read more

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Today’s blacklisted American wins $185K settlement from college that fired him

1:45 pm

St. Philip's College, home to blacklisting and censorship
St. Philip’s College, the poster child of academic
blacklisting and censorship

They’re coming for you next: Today’s blacklist story is a follow-up on a July 2023 essay about the oppressive atmosphere at St. Philip’s College in Texas, where two different professors were fired in 2023 for political reasons.

First, Dr. Johnson Varkey, was fired because in teaching human anatomy he had the audacity to mention that sex is determined by the X and Y chromosomes, a very basic fact of biology that any medical student has to know to become a competent doctor. Four students walked out on him for saying so, and when they complained to the administration it fired him without due process. He is presently suing the college.

Then, college officials fired professor Will Moravits because he insisted on allowing free and open debate in his classroom and one anonymous student complained, and while doing so made false accusations against Moravits. The school felt so threatened by the idea of freedom of speech that it had Moravits escorted off campus by police, never to return.

Moravits has now won a $185K settlement with St. Philip’s College.
» Read more

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All I feel is fury at the bankruptcy of academia decades ago

1:55 pm


A modern Ivy League education: “But Brawndo’s got what plants crave.
It’s got electrolytes!”

Recently Bari Weiss, former New York Times journalist who it blacklisted because she refused to follow the leftist narrative when the facts said otherwise, wrote a heart-wrenching column about the fall of American academia. She began as follows:

Twenty years ago, when I was a college student, I started writing about a then-nameless, niche ideology that seemed to contradict everything I had been taught since I was a child.

…What I saw was a worldview that replaced basic ideas of good and evil with a new rubric: the powerless (good) and the powerful (bad). It replaced lots of things. Color blindness with race obsession. Ideas with identity. Debate with denunciation. Persuasion with public shaming. The rule of law with the fury of the mob.

People were to be given authority in this new order not in recognition of their gifts, hard work, accomplishments, or contributions to society, but in inverse proportion to the disadvantages their group had suffered, as defined by radical ideologues. According to them, as James Kirchick concisely put it: “Muslim > gay, black > female, and everybody > the Jews.”

I was an undergraduate back then, but you didn’t need a PhD to see where this could go. And so I watched, in horror, sounding alarms as loudly as I could.

I was told by most Jewish leaders that, yes, it wasn’t great, but not to be so hysterical. Campuses were always hotbeds of radicalism, they said. This ideology, they promised, would surely dissipate as young people made their way in the world.

It is essential to repeat her second paragraph again to understand the utter bankruptcy of this new “philosophy.” It was…

… a worldview that replaced basic ideas of good and evil with a new rubric: the powerless (good) and the powerful (bad). It replaced lots of things. Color blindness with race obsession. Ideas with identity. Debate with denunciation. Persuasion with public shaming. The rule of law with the fury of the mob.

» Read more

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The violent animals on the left who support Hamas

12:20 pm

Hamas protesters threaten blind children
Hamas protesters threaten blind children

I am in no mood this day to be polite or diplomatic. The ugliness exhibited in the past week by pro-Hamas demonstrators — using the violent techniques of Antifa and BLM and copying Nazi storm-trooper tactics — deserve no politeness. They are no longer acting like civilized rational human beings, but mere animals eager to kill and only held back from that goal by the last few shreds remaining of civilization’s rule of law.

Thus, at this moment they only attack innocent people in ugly ways, not intending to kill but clearly hoping to intimidate and strike fear into the hearts of everyone else. Some examples from the past three days:

The last story in this list is especially egregious. The screen capture above shows two demonstrators on stage. In the video at the link they are screaming and yelling, with the one on the right charging at the children in a threatening manner. Remember, this is a fund-raiser for blind children. Those kids cannot see, so all they know is that someone unexpected has appeared on the stage and is screaming at them, and their helpers are desperately trying to get them to safety.

This behavior illustrates perfectly the hatred and viciousness of all these pro-Hamas demonstrators. » Read more

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White House issues “policy framework” to lobby for its space regulatory proposal

9:28 am

Faced with stiff opposition from industry and politicians from both parties in Congress to its regulatory proposal issued in mid-November, the White House yesterday released what it called a “policy framework” for implementing that proposal.

You can read this policy framework here [pdf]. It is filled with high-sounding claims about its goal is to encourage private development and reduce red tape, but in the end it only adds more government entities to the entire bureaucracy that regulates commercial space. From the framework itself:

The Secretaries of Commerce and Transportation will co-lead a Private Sector Space Activities Interagency Steering Group in consultation with the Chairperson of the Federal Communications Commission (FCC), comprising representation from the Departments of Defense, Energy, Homeland Security, Interior, and State, the National Aeronautics and Space Administration (NASA), the Office of the Director of National Intelligence, the Office of Science and Technology Policy, and any other Federal entities with expertise or equities pertaining to private sector novel space activities, including relevant stakeholders from the Executive Office of the President. The Steering Group serves as a coordinating body to ensure that the U.S. Government oversight system is prepared to meet U.S. priorities while taking into consideration the competitiveness of U.S. industry now and into the future.

One of the criticisms of the White House proposal from mid-November was that it would split regulation between Commerce and Transportation, thus increasing the complexity for commerical companies. This steering group is clearly an effort to answer those complaints, but based on this proposal, it simply adds one more bureaucratic layer to the mix, making things even more complicated.

The framework also calls for the expansion of the government’s regulatory footprint on several fronts, such as controlling orbital debris, and achieved through “expanding existing, or establish new, federal advisory committees to account for all expanded space authorities in furtherance of this Framework and related legislative proposals.”

From the viewpoint of freedom, this entire proposal reads like a zombie end-of-the-world horror film, with bureaucratic zombies appearing endlessly from all directions, aimed at consuming any independent private company as quickly and as thoroughly as possible.

The original commercial space act proposal from Congress, that the Biden administration (and most Democrats) oppose but carries the endorsement of the private commercial space industry, was passed by its House committee, but still needs to be voted on by the full House, as well as the Senate. Because it remains in limbo, the White House has issued this framework, in the hope it can give its side the ammunition needed to defeat that bill and replace it with the White House’s.

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Starship prototype #28 completes full duration static fire test

8:49 pm

Gearing up for Starship/Superheavy orbital test flight #3: Starship prototype #28 today successfully completed a full duration static fire test, with all six engines firing for about five seconds.

The link goes to SpaceX’s X feed, and shows that test.

This is more evidence that SpaceX intends to be ready in all ways to do that third orbital test flight of Superheavy/Starship by mid-January, at the latest. It also suggests the company is getting close to finishing its investigation into the previous test flight in mid-November.

Of course, none of this means it will launch in mid-January. I predict SpaceX will be stuck twiddling its thumbs waiting for a launch license from the FAA, which will also be waiting for an okay from Fish & Wildlife. Both will likely be forced to work as slowly as possible, likely because of interference from the White House.

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The Biden war against Musk is a war against America

1:33 pm

How the modern Democratic Party has evolved madly to the left, according to Elon Musk
How the modern Democratic Party has evolved
madly to the left, according to Elon Musk

In 2022 Elon Musk essentially completed the long process of going from what he described as a moderate who had previously voted overwhelming for Democrats to a Republican voter strongly hostile to the present Democratic Party.

He announced this shift in a tweet on May 18, 2022, in which he said the following:

In the past I voted Democrat, because they were (mostly) the kindness party.

But they have become the party of division & hate, so I can no longer support them and will vote Republican.

Now, watch their dirty tricks campaign against me unfold. [emphasis mine]

In the almost twenty months since Musk made that statement, his prediction of a “dirty tricks campaign” by the Democrats has become quite evident and true. Numerous federal agencies under the control of President Joe Biden began taking strong actions to stymie Musk’s companies, sometimes abusing the law in what appear to be legitimate ways, and sometimes abusing power in ways that are absurd. Below is a short list, many of which have been repeatedly reported here at Behind the Black:
» Read more

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Congress passes short term extension of commercial space regulatory “learning period”

9:19 am

The Senate yesterday passed a short term extension of the regulatory “learning period” at the FAA that limits its ability to regulate commercial space.

[The Senate] quickly passed an extension of the FAA’s authorization, a final piece of “must pass” legislation before the end of the year. The bill (H.R. 6503) passed the House on December 11. Among other things, it extends the “learning period” for commercial human spaceflight until March 9, 2024 that otherwise would have expired on January 1. The learning period, or “moratorium,” prohibits the FAA from promulgating new regulations on commercial human spaceflight while the industry is in its infancy.

The president still needs to sign this bill, but that is expected.

Originally passed in 2004 as an eight-year period, this “learning period” has been extended several times since. The industry wants a longer extension, as it still considers itself quite rightly to be in an experimental test phase, not operational in the sense of airplane manufacture.

Not that this extension matters. It appears in the past two years that the regulators at the FAA have decided to ignore the law and make believe this learning period really doesn’t exist, based on how that agency has treated test launches by SpaceX and others. Rather than let their launches proceed quickly as tests, the FAA has begun to treat each test as an operational flight that requires a long investigation before further launch approvals are given.

Unless there is a major change in leadership in the White House, we should expect a major slow-down of the American launch industry in the coming years, regardless of whether this “learning period” is extended or not.

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Pushback? Deal between Republicans and Wisconsin University to shift away from DEI

12:41 pm

Failure Theater!

Failure theater: In a deal worked out suddenly between the board of regents at the University of Wisconsin and the state legislature, the university will get $800 million for infrastructure improvements and pay raises in exchange for imposing some limited reductions in its Diversity, Inclusion, and Equity (DEI) programs.

The deal also requires UW system campuses to refrain from adding new DEI positions through December 2026. Administrators must also reassign at least one third of their current DEI-focused employees to roles dedicated to academic and student success. Mandatory DEI statements in admissions and hiring are also to be abolished under the deal, and efforts to fund a conservative professorship at UW-Madison must be launched, according to the terms.

You can read the actual language of this deal here [pdf]. The deal also requires the university to replace its Target of Opportunity Program (TOP) — which established systems to favor hiring minorities over others — with a new “alternative program focused on recruiting faculty (regardless of their identity or ethnic/racial background) who have demonstrated the ability to mentor ‘at risk’ and/or underrepresented students to achieve academic success and who have demonstrated academic and research excellence.”

Does this deal do what it appears to, reduce or eliminate the very racist DEI program at the University of Wisconsin? Hardly. » Read more

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