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

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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OSIRIS-REx makes last course correction before releasing asteroid sample return capsule

OSIRIS-REx’s engineers on September 17, 2023 successfully completed the last course correction necessary before releasing the sample return capsule carrying about nine ounces of material from the asteroid Bennu, set to land in Utah on September 24th.

The spacecraft briefly fired its thrusters Sunday to change its velocity by 7 inches per minute (3 millimeters per second) relative to Earth. This final correction maneuver moved the sample capsule’s predicted landing location east by nearly 8 miles, or 12.5 kilometers, to the center of its predetermined landing zone inside a 36-mile by 8.5-mile (58-kilometer by 14-kilometer) area on the Defense Department’s Utah Test and Training Range.

Details on that landing can be found here. The capsule will be coming in at speeds comparable to that of an Apollo capsule, returning from the Moon, and will use the same maneuvers and parachutes to slow its speed to only eleven miles per hour at landing. Four helicopters will than rush to recover the capsule as quickly as possible to reduce the chance the sample will be contaminated by the Earth’s environment.

OSIRIS-Rex (renamed OSIRIS-Apophis Explorer or OSIRIS-APEX) will meanwhile fire its engines and head towards the potentially dangerous asteroid Apophis, with a rendezvous scheduled in 2029.

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Electron rocket fails during launch

Rocket Lab tonight (September 19, 2023 in New Zealand) experienced a launch failure during a launch of its Electron rocket from its New Zealand spaceport.

The failure occurred right after separation of the first stage from the upper stage. From that point all video from the rocket ceased, and the data indicated it was losing velocity, suggesting some failure of the second stage when its engines should have ignited.

This launch was to have been the second in a four-launch contract with the American company Capella Space, aimed at launching its constellation of commercial radar satellites for Earth observation.

The leaders in the 2023 launch race remain unchanged:

65 SpaceX
43 China
13 Russia
7 Rocket Lab
7 India

American private enterprise still leads China in successful launches 76 to 43, and the entire world combined 76 to 69. SpaceX by itself still trails the rest of the world combined (excluding American companies) 65 to 69.

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Two galaxies merging

Merging galaxies
Click for original image.

Cool image time! The picture to the right, cropped, reduced, and sharpened to post here, was taken by the Hubble Space Telescope as part of a survey project to photograph the entire Arp catalog of 338 “peculiar galaxies,” put together by astronomer Halton Arp in 1966. From the caption:

The larger galaxy (in the left of this image) is an extremely energetic galaxy type known as a Seyfert galaxy, which house active galactic nuclei at their cores. Seyfert galaxies are notable because despite the immense brightness of the active core, radiation from the entire galaxy can be observed. This is evident in this image, where the spiraling whorls of the whole galaxy are readily visible. The smaller companion is connected to the larger by a tenuous-seeming ‘bridge’, composed of dust and gas. The colliding galactic duo lie about 465 million light-years from Earth.

Note that if you ignore the blue whorls of the left galaxy, the two bright cores of these merging galaxies are about the same size. As it is unclear how long this merger has been on-going, it is possible that the galaxy on the right, in circling the left galaxy, drew out those whorls and that tenuous bridge. Other scenarios are also possible, however, such as the galaxy on the left stripping and scattering the arms of the galaxy on the right.

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

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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India’s Aditya-L1 solar telescope initiates some science observations

According to India’s space agency ISRO, its Aditya-L1 solar telescope has begun science observations with one instrument, even as it continues its journey to its final position at L1, one million miles from the Earth.

The activation of STEPS occurred on September 10, 2023, at a distance exceeding 50,000 km from Earth. This distance equates to more than eight times the Earth’s radius, placing it significantly beyond the Earth’s radiation belt region. Following the successful completion of essential health checks for the instrument, the data collection process continued until the spacecraft had travelled beyond the 50,000 km mark from Earth.

All units of STEPS are currently operating within normal parameters. A graphical representation illustrates the measurements, showcasing fluctuations in the energetic particle environment within Earth’s magnetosphere, which were collected by one of the instrument’s units.

It is expected Aditya-L1 will reach L1 in January, where it will begin round-the-clock observations of the Sun, in parallel with NASA’s Soho telescope, which has been at L1 since the 1990s.

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Russian investigators pin down cause of Luna-25 failure

Though the investigation is not yet complete, reports out of Russia indicate that the cause of the failure of Luna-25 during an engine burn while in orbit around the Moon has been identified.

The article at the link provides the details, which involve problems with two “BIUS-L accelerometers” during the flight, which for reasons not yet understood were switching from the primary to the secondary randomly during the journey to the Moon, apparently because of some failure.

However, ahead of the fateful lunar orbit correction on August 19, both accelerometers worked correctly, but once the maneuver started, one set failed again, while the flight control system never switched to data from the second set. As a result, onboard computers were not receiving data about critical parameters required for properly completing the orbit correction, such as orientation of the spacecraft in space, velocity and altitude.

If confirmed, this crash scenario would likely implicate deficiencies in the development or testing of the flight control system and its software rather than any mechanical problem of the propulsion system, which was implied in the initial statement about the incident. [emphasis mine]

The highlighted sentence says it all. The serious quality control problems that have hampered Russia’s space efforts remain, and in fact appear systemic throughout its entire aerospace industry. In fact, this failure of a planetary probe helps explain the many difficulties Russia has been having in its war in the Ukraine, attributable to these same issues.

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China launches military reconnaissance satellite

China today successfully launched a classified military reconnaissance satellite, using its Long March 2D rocket lifting off from its Xichang spaceport in the south of China.

No word on where the rocket’s lower stages crashed in China. All the stages use hypergolic fuels, which are extremely toxic.

The leaders in the 2023 launch race:

65 SpaceX
43 China
13 Russia
7 Rocket Lab
7 India

American private enterprise still leads China in successful launches 76 to 43, and the entire world combined 76 to 69. SpaceX by itself now trails the rest of the world combined (excluding American companies) 65 to 69.

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SpaceX launches another 22 Starlink satellites

SpaceX last night successfully launched another 22 Starlink satellites into orbit, its Falcon 9 rocket lifting off from Cape Canaveral.

The first stage completed its fifth flight, landing on a drone ship in the Atlantic.

The leaders in the 2023 launch race:

65 SpaceX
42 China
13 Russia
7 Rocket Lab
7 India

American private enterprise now leads China in successful launches 76 to 42, and the entire world combined 76 to 68. SpaceX by itself now trails the rest of the world combined (excluding American companies) 65 to 68.

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Virgin Galactic sets Oct 5th launch date for its fifth commercial suborbital flight in ’23

Virgin Galactic today announced that the launch window for its fifth commercial suborbital flight this year and ninth overall will open on Oct 5th.

The flight will include three private passengers, two Americans and one Pakistani, and a crew of five Virgin Galactic employees.

At this point I don’t consider these suborbital flights to be very newsworthy. However, I decided to highlight this news release because of its stark contrast with Blue Origin. Even before last year’s mishap that grounded Blue Origin’s own suborbital spacecraft, New Shepard, it never flew this frequently. Virgin Galactic took far too long to begin flying (two decades), but it does appear that is now wasting no time trying to catch up.

Blue Origin meanwhile continues to drift along, accomplishing little and appearing to do even less with time.

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

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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A triangular Martian hill

A triangular Martian hill
Click for full image.

Cool image time! The picture to the right, cropped, reduced, and sharpened to post here, was taken on May 29, 2023 by the high resolution camera on Mars Reconnaissance Orbiter (MRO). It shows what the science team labels an “unusual shaped hill” that is estimated to be about 20 to 40 feet high.

What makes it unusual? First, it sticks up out of the endless northern lowland plains for no obvious reason, though its shape suggests the existence of bedrock topography that is now buried by the dust and debris that coats the surface of those plains.

Second, the hill itself suggests that it formed after it was covered with debris. Note the crater near its northeast cliff. It appears that the cliff chopped off part of the crater, suggesting that the hill was once level with the surrounding terrain. Some later underground pressure pushed it upward, with its angled sides determined by existing faults.

Why those forces tilted the hill upward as it did, with only its eastern fringes raised, is a question a wide view might answer.
» Read more

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