Tag: policy

Obamacare struck down by judge

8:02 am

A federal judge in Texas on Friday ruled that the entire Obamacare law is no longer valid based on changes passed by the Republican Congress in the past two years.

U.S. District Judge Reed O’Connor in Fort Worth sided with the argument put forward by a coalition of Republican-leaning states, led by Texas, that Obamacare could no longer stand now that there’s no penalty for Americans who don’t buy insurance.

The U.S. Supreme Court had upheld the law in 2012, by classifying the legislation as a tax. But since Congress removed the individual mandate in 2017, O’Connor ruled, there’s no way the ACA can be allowed to stand.

“The Individual Mandate can no longer be fairly read as an exercise of Congress’s Tax Power and is still impermissible under the Interstate Commerce Clause — meaning the Individual Mandate is unconstitutional,” O’Connor wrote. “The Individual Mandate is essential to and inseverable from the remainder of the ACA.”

Without the system being upheld by a wide pool of mandated participants, the ACA cannot stand, O’Connor ruled.

All of this has been unconstitutional from day one, but what does that matter in the banana republic we now live in, where childish twitter mobs rule, unelected bureaucrats have more legal power than presidents, and elected officials can pick and choose the laws they obey?

Trump, returning to his liberal roots, immediately called for a new law to protect “pre-existing conditions.” To quote his tweet: “Now Congress must pass a STRONG law that provides GREAT healthcare and protects pre-existing conditions. Mitch and Nancy, get it done!”

Forcing insurance companies to accept anyone, regardless of their health, makes insurance impossible. Why would anyone buy insurance when they are healthy under Trump’s system? Instead, everyone will wait until they are diagnosed with an illness, and buy the insurance then. Lacking a pool of healthy customers, insurance companies will go bankrupt.

The silver lining here is that Congress is divided, and might find it impossible to make a deal. At the same time, I would not be surprised if both parties teamed up to give voters this fake present, continuing our slide to bankruptcy.

In the meantime, expect the reappearance of low-cost catastrophic insurance plans, the kind of plans that Obama called “junk” and banned with Obamacare, but provide lower-class people without a fancy health plan an affordable way to insure themselves against a ruinous illness or accident.

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NASA’s warped measure of safety

11:39 am

In posting an invitation to social media users to attend the launch of the first unmanned test flight of SpaceX’s man-rated Dragon capsule on January 17, 2019, NASA’s public relations department added the following warning:

NASA has a series of reviews before the uncrewed test flight, and the outcome of these reviews, including the Flight Readiness Review, will ultimately determine the Demo-1 launch date.

For months I have reported numerous examples of NASA’s safety panel acting to create fake problems that will force a delay in this launch. First it was the fueling method. Then it was the insulation on the helium tanks. Then there was the need for SpaceX to fill out all the paperwork. Now it is the parachute system and worries about the safety culture at SpaceX.

I might take these concerns seriously, except that NASA’s safety panel seems to be so sanguine about far more serious safety issues with NASA’s SLS rocket and Orion capsule. This double standard is starkly illustrated once again in this NASASpaceflight.com article about NASA’s plans for the very first manned Orion/SLS mission.

On that manned mission, NASA will fly a host of new equipment for the first time. For example, the capsule’s “Environmental Control and Life Support System (ECLSS), crew displays, and other crew systems will be making their debut in Orion.” Anything else that has flown previously will essentially have done so only once, during the first unmanned test flight of SLS/Orion.

It gets worse. While NASA has demanded SpaceX fly the final manned version of its Falcon 9 rocket seven times before it will allow its astronauts on board, the agency plans to launch humans on SLS on only its second launch. More astonishing, that second launch will include a mission taking those astronauts on a loop around the Moon.

During the Apollo missions in the 1960s, NASA had a policy that no mission would head to the Moon without carrying a lunar module (LM). The logic was that the LM would act as a lifeboat should something go wrong with the Apollo capsule, a logic that was actually proven during Apollo 13.

NASA did send Apollo 8 to the Moon without the LM, but it did so in the context of a Cold War space race and an end-of-the-decade commitment by an assassinated president. The agency then knew the risks were high, but it decided the situation justified those risks.

NASA is not faced with a Cold War space race today. Instead, it has a grossly over-budget and long delayed boondoggle called SLS/Orion, increasingly embarrassed by the quick and efficient achievements of private space companies. In a desperate effort to keep that boondoggle alive, the agency is apparently pushing it to fly it too soon and with inadequate development. In fact, it appears to me that the safety culture at NASA that caused both shuttle accidents (a desire to favor frequent launches while ignoring safety analysis) has returned at NASA, and it has done so with a vengeance.

Meanwhile, the contrast with how the agency’s safety panel treats SpaceX versus SLS/Orion demonstrates how corrupt and unreliable that safety panel has become. They no longer really work to reduce risk. Their goal appears to promote government-built rocket systems over those manufactured by the private sector.

Hat tip to Kirk Hilliard for pointing out the language in the NASA pr invite to the SpaceX launch.

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Launchpad contractor at Vostochny in legal and financial trouble

3:38 pm

The launchpad contractor hired to build the Angara launchpad at Russia’s new spaceport in Vostochny has serious legal and financial troubles, including lawsuits for nonpayment and non-completion of work.

I have nothing to say, other than this seems entirely par for the course.

Posted in warm, sunny, and dry Tucson, having finally returned from two weeks of travel to New York and Israel.

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Why ULA picked Blue Origin’s engine over Aerojet Rocketdyne

11:22 am

In an interview of ULA’s CEO Tory Bruno by Eric Berger of Ars Technica, he subtly revealed why his company in the end favored Blue Origin’s BE-4 rocket engine over Aerojet Rocketdyne’s AR-1 in the design of the Vulcan rocket.

Unlike many of the new entrants that you talk about coming in today, we’re not a startup company living off investor capital; we’re a mature business. We have to close a business case on Vulcan itself. So where our strategic partners [Editor’s note: This is a reference to Blue Origin] brought investment as well as schedule, that was a pretty important factor. It became pretty obvious what the right choice was, and we arrived at it with our stakeholders.

In other words, Blue Origin’s willingness to invest its own capital in engine development was a major factor. Aerojet Rocketdyne was using the old model of big space, whereby all development money came from the government. It had been unwilling to commit any of its own funds to engine development. This reluctance implied it wasn’t really committed to the project. If Air Force funding disappeared, they’d back out, leaving ULA in the lurch.

This tidbit from Bruno also suggests that he and the management at ULA are sincerely working to reshape ULA from an old big space company, totally reliant on the subsidies given by the government, into a modern competitive company focused instead on building an affordable product that customers will want to buy.

This story also tells us a lot about Aerojet Rocketdyne’s future, or lack thereof. The rocket industry is changing, and if that company doesn’t change also, it will soon die.

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Syria wants its own space program

10:30 am

The new colonial movement: The head of Syria’s ministry of communications and technology said during a visit to that country’s satellite remote sensing facility that their nation should organize a space program, beginning with the construction of an entirely home-built satellite.

I’m not sure how much of this will be possible considering how badly ripped apart Syria presently is because of its civil war. To me, it looks more like a some somewhat ignorant brasshat, while visiting a space facility, sounding off with what he would like done.

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A detailed look at Chang’e-4

9:58 am

Link here. Lots of nice information, including the fact that Chang’e-3 seems to still be functioning in a limited manner, and that Chang’e-4 is depending not on solar panels but a radioactive thermal electric system, similar I think to the RPGs that NASA uses on its deep space missions. (I am uncertain however about this, based on looking at the video at the link, which seems to show solar panels on Chang’e-4. They could be instead panels to protect the spacecraft from the sun’s heat.)

They enter lunar orbit on December 12, and will likely land in the first week of January.

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“Just leave me alone.”

3:56 pm

They’re coming for you next: The New York City government, in an effort to protect the used and iconic bookstore “The Strand,” is considering giving it landmark status, a designation the owner, wife of a liberal Senator Ron Wyden (D-Oregon), has begged them not to do.

The city’s Landmarks Preservation Commission is considering whether or not to designate the Strand a city landmark, protecting the store from financial marauders who want to scoop up its valuable real estate. But, in a bit of Shakespearean irony, the iconic bookstore is threatened by those charged with its preservation.

Strand’s current owner, Nancy Bass Wyden, wife of Oregon senator Ron Wyden, is not letting her liberalism balance the books. “By landmarking the Strand, you can also destroy a piece of New York history. We’re operating on very thin margins here, and this would just cost us a lot more, with this landmarking, and be a lot more hassle,” Wyden told the Commission during a public hearing.

Wyden also took a shot at Amazon CEO Jeff Bezos, owner of the great scourge of brick-and-mortar bookstores everywhere. “The richest man in America, who’s a direct competitor, has just been handed $3 billion in subsidies. I’m not asking for money or a tax rebate,” she explained, appealing not to the Commission’s egalitarian instincts, but to the principle of privacy. “Just leave me alone,” Wyden beseeched her would-be viceroys.

It doesn’t matter if you are Republican or Democrat, conservative or liberal, big government bureaucracies always end up abusing their power under the lie that they “are here to help you.” The sad thing is that Senator Wyden and his wife are not going to learn any lessons from this tale. I am certain that the Senator will continue to support the Democratic Party’s modern effort to socialize American society under the banner of an all-powerful federal bureaucracy, so that an even bigger government bureaucracy will have the ability to abuse its power over even more people, under the lie that they “are here to help you.”.

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Boeing cancels satellite deal involving hidden China funding

12:07 am

Boeing has canceled its sale of a communications satellite to a company that appears largely funded in secret by Chinese sources.

Boeing says it has canceled a controversial satellite order from a U.S.-based startup, which had received the bulk of its funding from a Chinese-government owned financial company. The deal, which critics warned could give China access to sensitive technology, comes amid a period of especially acrimonious relations between Washington and Beijing over a host of issues, including industrial espionage and intellectual property theft.

The Chicago-headquartered aerospace company announced its decision, which it said was only because of non-payment on the part of the customer, to nix the deal, worth more than $200 million, on Dec. 6, 2018. Two days earlier, the Wall Street Journal had published an expose detailing the links between the official buyer, Global IP, and a string of Chinese government operated entities and individuals with significant connections to China’s Communist Party and military establishment.

If carried out, the satellite sale would have provided the Chinese detailed information about the satellite’s technical design.

This story highlights the Chinese way of developing new technology: They generally steal it. Though their engineering upgrades are often brilliant, they have shown little innovation or originality in their work. Their entire manned program is an upgrade of the Russians Soviet-era space station program. Their decisions recently to build smallsat rockets as well as vertically landing reusable first stages only occurred after private commercial companies in the U.S. proved that both will work and can make money.

Boeing almost certainly backed out when it realized that the Chinese involvment was substantial, and exposed it to criminal penalties.

Hat tip Kirk Hilliard.

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China launches lunar rover/lander Chang’e-4; Saudi satellites

12:09 pm

Using its Long March 3B rocket, China on December 7 successfully launched its Chang’e-4 rover/lander, aimed at being the first probe to land on the Moon’s far side.

It will take the probe five days to reach the Moon and land.

The same day China also launched two Earth observation satellites for Saudi Arabia, using its Long March 2D rocket.

The leaders in the 2018 launch standings:

35 China
20 SpaceX
13 Russia
10 Europe (Arianespace)

China has widened its lead over the U.S. 35 to 32 in the national rankings. China also looks like it is going to come close to meeting its prediction of 40 launches for 2018.

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Ariane 5 launches two satellites

7:23 am

Arianespace yesterday successfully placed a South Korean weather satellite and an Indian communications satellite into orbit using its Ariane 5 rocket.

The Indian satellite was initially supposed to launch in the spring, but ISRO pulled it back to India just after its arrival in French Guiana to do more checks on it because of the failure of another satellite using similar components.

The leaders in the 2018 launch race:

33 China
19 SpaceX
13 Russia
10 Europe (Arianespace)
8 ULA

Arianespace had predicted it would do 14 launches this year. As this launch is described as its last 2018 launch, it appears they have fallen short of that prediction.

These standings will be updated later today, assuming SpaceX’s Dragon launch to ISS goes off as scheduled.

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Senate committee demands FBI explain whistleblower raid

12:05 am

The Senate Judiciary Committee has demanded the FBI answer some questions about its raid of a whistleblower’s home in November.

This is nice, but the reality is that, as far as I can tell, the FBI is now a rogue agency, working for the Democratic Party in defiance of the law, the Trump administration, and Congress. Consider for example the article’s closing paragraphs:

The raid on Cain’s house was permitted by a court order issued by federal magistrate Stephanie A. Gallagher in the U.S. District Court of Maryland for Baltimore. The court order and all the documents justifying the raid are sealed and not available for public viewing.

On Nov. 30, The Daily Caller News Foundation (DCNF) requested that Gallagher unseal the affidavit and any other documents that served to justify the raid. The court has not yet responded to the DCNF. The FBI did not respond to a request for comment. The IG declined to comment.

The weak response by the Trump administration to their behavior these last two years has taught them they can act with arrogance without fear. For example, why has Trump done nothing about this? He is by law (which in this case is the Constitution, the highest law in the land) entirely in charge of the FBI and what it does.

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Russian Soyuz successfully launches three astronauts

8:01 am

A Russian Soyuz rocket today successfully launched three astronauts on a mission to ISS, less than two months after an early launch had resulted in a launch abort.

Hopefully by the end of 2019 American astronauts will no longer have to rely on Russian rockets for their access to space.

The leaders in the 2018 launch race:

33 China
18 SpaceX
13 Russia
9 Europe (Arianespace)
8 ULA

China remains ahead of the U.S. in the national rankings, 33 to 30.

All these numbers will change repeatedly in the next few days, as their are a number of launches scheduled, including a SpaceX launch later today, when they will attempt, for the first time, to reuse a first stage for the third time.

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Unidentified object launched by Russians Nov 30?

3:34 pm

Even though the Russians officially listed four objects launched during its November 30 launch, three military satellites and the rocket’s upper stage, the U.S. military says it has identified a fifth object.

The Rokot/Briz-KM launch vehicle blasted off from Pad 3 at Site 133 at the Plesetsk Cosmodrome in Western Russia at just before 5:30 PM local time on Nov. 30, 2018, according to RussianSpaceWeb.com. At approximately 7:12 PM, the three Rodnik communications satellites had deployed into their assigned orbits. Russia has named the trio of satellites Kosmos-2530, Kosmos-2531, and Kosmos-2532.

This would all be rather banal had the CSpoC, as well as the U.S.-Canadian North American Aerospace Defense Command (NORAD), not recorded the launch slightly differently. Information on Space-Track.org, a U.S. government website that publicly releases data on space launches from the CSpoC and NORAD, listed Objects A through E as resulting from the launch from Plesetsk. This would include the three satellites and the upper stage, but the fifth object is unexplained.

It is possible that the upper stage simply fragmented into multiple pieces that were large enough for the U.S. military to track independently. Three of the objects – A through C – have essentially same perigee, the point in their orbit at which they are nearest to the earth. The other two objects – D and E – share a different general perigee.

The article speculates that this extra unidentified object might be part of Russia’s military program to develop tiny “inspector satellites” that can get close to other satellites and observe them, for both engineering and reconnaissance reasons. If so, this would be a significant violation by the Russians of the Outer Space Treaty, which requires them to list every object they launch. It would also be something they have not done before, which is why I am doubtful about this speculation. Though they are skilled at keeping their military space work secret, they have also obeyed this treaty scrupulously since the day they signed it. If they have decided they can get away with launching objects without listing them officially, then that means the treaty is showing its first signs of collapse, something I believe will happen more and more in the coming years as nations and private companies find themselves increasingly restrained by the unrealistic terms of the treaty.

Posted from Buffalo, New York. I stay here tonight, and go on to Israel tomorrow evening, which means I will be posting tomorrow during the day, and will be able to see the SpaceX launch and OSIRIS-REx’s arrival at Bennu.

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Philadelphia’s civil forfeiture scam shut down

11:55 am

Theft by government: The civil forfeiture scam that the city of Philadelphia has been running for years to steal the property of innocent people in order to personally benefit the prosecutors running the program has been shut down by a legal court settlement.

Was it theft? You decide:

Philadelphia routinely threw property owners out of their homes without notice. It forced owners to navigate the notorious “Courtroom 478,” where so-called “hearings” were run entirely by prosecutors, without any judges or court-appointed lawyers to defend property owners. Again and again, prosecutors demanded that property owners appear in court, sometimes ten times or more. Missing even a single “hearing” meant that prosecutors could permanently take an owner’s property, sell it and use the proceeds for any law-enforcement purpose they wished. More than 35 percent of proceeds went to salaries, including the salaries of the very officials seizing and forfeiting property, thus creating a perverse incentive to abuse this system. Today’s landmark settlement brings all of that to an end.

The settlement doesn’t end civil forfeiture, which is itself constitutional illegal, but forces the program to function in a more reasonable manner. Revenues will now go a drug treatment program, judges will run the hearings, and the hearings will be fast and straightforward. In addition, the settlement provides for compensation for those harmed by the past policy.

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FBI raids home of Clinton whistleblower

12:30 pm

Working for the Democratic Party: Despite being protected under whistleblower laws, and despite his demonstrated cooperation with congressional committees, the FBI raided the home of Clinton whistleblower on November 19, spending six hours rummaging through his house.

FBI agents raided the home of a recognized Department of Justice whistleblower who privately delivered documents pertaining to the Clinton Foundation and Uranium One to a government watchdog, according to the whistleblower’s attorney.

The Justice Department’s inspector general was informed that the documents show that federal officials failed to investigate potential criminal activity regarding former Secretary of State Hillary Clinton, the Clinton Foundation and Rosatom, the Russian company that purchased Uranium One, a document reviewed by The Daily Caller News Foundation alleges.

The delivered documents also show that then-FBI Director Robert Mueller failed to investigate allegations of criminal misconduct pertaining to Rosatom and to other Russian government entities attached to Uranium One, the document reviewed by TheDCNF alleges. Mueller is now the special counsel investigating whether the Trump campaign colluded with Russia during the 2016 election.

“The bureau raided my client to seize what he legally gave Congress about the Clinton Foundation and Uranium One,” the whistleblower’s lawyer, Michael Socarras, told TheDCNF, noting that he considered the FBI’s raid to be an “outrageous disregard” of whistleblower protections.

Sixteen agents arrived at the home of Dennis Nathan Cain, a former FBI contractor, on the morning of Nov. 19 and raided his Union Bridge, Maryland, home, Socarras told TheDCNF.

There is significantly more at the link. It appears most obviously that the FBI here was used to harass and intimidate this man, simply because he has taken action that threatens Hillary Clinton and the Democratic Party.

I wonder once again if our legally elected president, mandated by the Constitution to run this agency, is really in charge, or if we have an agency run by its employees for political purposes, completely out of control. To me it sure looks like the latter. If Trump was the fighter he portrays himself to be, there would be wholesale firings over this raid, today.

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Google considered burying conservative outlets in search results

10:08 pm

Evil: After Trump’s 2016 election victory, Google management seriously considered rigging search results so that conservative news outlets would not show up.

They never did it, but instead created a short-lived fact check feature that was clearly aimed at discrediting conservative sites.

“We’re working on providing users with context around stories so that they can know the bigger picture,” chimed in David Besbris, vice president of engineering at Google. “We can play a role in providing the full story and educate them about all sides. This doesn’t have to be filtering and can be useful to everyone,” he wrote. Other employees similarly advocated providing contextual information about media sources in search results, and the company later did so with a short-lived fact check at the end of 2017.

Not only did the fact-check feature target conservative outlets almost exclusively, it was also blatantly wrong. Google’s fact check repeatedly attributed false claims to those outlets, even though they demonstrably never made those claims.

Google pulled the faulty fact-check program in January, crediting TheDCNF’s investigation for the decision.

Forgive me if I remain suspicious about how they rig search results these days. There are too many indications that the culture at this company is tyrannically liberal and willing to destroy anyone who dissents from that political position.

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NASA commits $2.6 billion for commercial lunar exploration

8:49 pm

NASA today announced that it has committed $2.6 billion over the next ten years to buy delivery services to the Moon for its unmanned scientific missions, provided from nine different private companies.

The companies selected — Astrobotic Technology, Deep Space Systems, Draper, Firefly Aerospace, Intuitive Machines, Lockheed Martin Space, Masten Space Systems, Moon Express, Orbit Beyond — cover a range of companies from the well established to new companies not yet proven. This announcement essentially permits them all to bid on providing NASA delivery services to the moon for small unmanned probes. The press release states that:

These companies will be able to bid on delivering science and technology payloads for NASA, including payload integration and operations, launching from Earth and landing on the surface of the Moon. NASA expects to be one of many customers that will use these commercial landing services.

More information here. UPDATE: Doug Messier has published the press releases from most of the above companies, describing their individual projects, and I have added links to each.

The program appears modeled after NASA commercial cargo and crew programs, whereby the companies will own and control the orbiters, landers, and rovers they build, allowing them to market them to others for profit. It also appears designed to keep costs low, as did commercial cargo program. NASA is merely the customer.

This is good news. It suggests that the American space industry is continuing to transition away from big government programs, controlling everything, to a robust private industry that is in charge with the government merely one out of many customers.

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