SpaceX sues to have NLRB complaint dismissed

SpaceX yesterday filed a lawsuit in the federal courts to have the employee complaint filed by the National Labor Relations Board (NLRB) dismissed as a violation of the company’s fifth and seventh amendment rights as well as article II of the Constitution.

You can read SpaceX’s lawsuit here [pdf]. It specifically lists as defendants the board members of the NLRB, as well as the unnamed administrative judge who will run the NLRB’s case, once it begins.

The SpaceX lawsuit is interesting in that it challenges the very legal structure that has established the NLRB, stating that its actions are illegal because that structure forbids the President from having full control over its actions, as required by article II of the Constitution.

Whether this lawsuit succeeds is of course unknown, but its quick filing tells us that SpaceX was prepared for this NLRB action, even before it was filed. It also tells us that the company now recognizes the overall threat to it by the Biden administration, which appears to be trying to weaponize every agency in the federal government to destroy the company, and is prepared to fight long and hard against this abuse of power.

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National Labor Relations Board files complaint against SpaceX

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 launches commercial communications satellite

SpaceX today successfully launched a commercial geosynchronous communications satellite, its Falcon 9 rocket lifting off from Cape Canaveral.

The first stage successfully completed its tenth flight, landing back at Cape Canaveral. The fairings completed their ninth and fourteenth flights respectively.

The 2024 launch race:

2 SpaceX
1 India

No one else has launched as yet, though many launches are scheduled through the first ten days of January.

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SpaceX launches six next generation Starlink satellites

SpaceX tonight completed its first launch in 2024, its Falcon 9 rocket lifting off from Vandenberg in California and putting six next generation Starlink satellites into orbit.

The first stage completed its first flight, successfully landing on the drone ship in the Pacific. The fairings successfully completed their eleventh and ninth flights, respectively. This was the first new stage introduced since August 2023, and continues SpaceX’s pattern of adding about two new first stage boosters per year.

The six Starlink satellites are designed to work directly with the cell phones that people already use, thus increasing the customer base available for the product. As the first generation of this design, it is expected that there will be upgrades with later launches.

At this moment India and SpaceX are the only two entities to launch in 2024, each once.

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SpaceX successfully completes static fire tests of both Superheavy and Starship

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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Russia and NASA agree to extend ISS astronaut exchanges on each other’s spacecraft through 2025

Russia and NASA have agreed to extend their barter deal through 2025, whereby each nation sends astronauts to ISS periodically on the other nation’s rockets and capsules.

This is a barter deal, with no exchange of money. The fundamental idea is to make sure astronauts on board ISS understand how the capsules from each nation operate in case of emergency. Russia had initially resisted signing such a deal after SpaceX began providing NASA its Dragon capsules and Falcon 9 rocket to get astronauts to ISS. It said this was because it did not trust SpaceX’s technology, but I suspect Roscosmos was also hoping to squeeze some cash from NASA as it was no longer being paid to fly U.S. astronauts on its Soyuz rocket and capsule. That attempt was futile. For numerous political reasons there was no way NASA was going to pay Russia anything in this barter deal.

Russia then signed on, and will keep extending this agreement until the day ISS is retired, or it finally launches its own station (something that is becoming increasingly unlikely).

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SpaceX completes its second launch in less than 3 hours at Cape Canaveral

SpaceX tonight launched another 23 Starlink satellites, its Falcon 9 rocket lifting off from Cape Canaveral less than three hours after a Falcon Heavy lifted off from its second launchpad at Cape Canaveral, carrying an X-37B mini-shuttle.

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

The leaders in the 2023 launch race:

96 SpaceX
65 China
19 Russia
8 Rocket Lab
7 India

American private enterprise now leads China in successful launches 110 to 65, and the entire world combined 110 to 102. SpaceX in turn trails the rest of the world (excluding other American companies) 96 to 102.

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SpaceX’s Falcon Heavy rocket launches the Space Force’s X-37B

SpaceX’s Falcon Heavy rocket tonight successfully launched one of the two X-37B reuseable mini-shuttles in the Space Force’s fleet, lifting off from Cape Canaveral.

This was the seventh X-37B flight. It is not clear which of the two vehicles was flying, and how many flights it has completed previously. The previous X-37B flight stayed in orbit for a record 908 days, landing safely in November 2022.

The two side boosters completed their fifth flight, landing safely back at Cape Canaveral. The center core was treated as expendable, and was not recovered.

The leaders in the 2023 launch race:

95 SpaceX (with another launch scheduled later tonight)
65 China
19 Russia
8 Rocket Lab
7 India

American private enterprise now leads China in successful launches 109 to 65, and the entire world combined 109 to 102. SpaceX in turn trails the rest of the world (excluding other American companies) 95 to 102.

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Record-setting Falcon 9 1st stage booster lost after landing

The SpaceX Falcon 9 first stage booster that launched on December 23, 2023 for a record-setting nineteenth time was damaged beyond repair when, after landing on its drone ship successfully, experienced rough seas that caused it to fall over.

The picture at the link shows the crushed booster on its side on the drone ship. SpaceX noted the spectacular history of this booster in a separate tweet:

This one reusable rocket booster alone launched to orbit 2 astronauts and more than 860 satellites — totaling 260+ metric tons — in ~3.5 years.

In a sense, it actually put more mass into orbit that a Saturn 5 rocket, for significant less money though over a much longer period of time.

For SpaceX the loss of this booster is hardly a set back, because it has several other boosters with only a few less total launches in its fleet. Expect one to exceed twenty launches in the near future.

Hat tip to out stringer Jay as well as several readers.

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SpaceX launches two German military radar satellites

SpaceX today successfully launched two German military radar surveillance satellites, completing a planned three-satellite constellation, with its Falcon 9 rocket lifting off from Vandenberg Space Force Base in California.

The first stage completed its eighth flight, landing back at Vandenberg.

This launch almost certainly in the past would have launched on a Arianespace rocket, but Arianespace presently has no operational rocket, its Ariane-5 rocket retired and its Ariane-6 rocket not yet operational. Furthermore, its Vega and Vega-C rockets are grounded due to launch failures, and its partnership with Russia ended with Russia’s invasion of the Ukraine. Thus, SpaceX gets the business, being less expensive than ULA (which also has no rockets available right now to handle this launch) and there being no other company capable of launching such a payload.

The leaders in the 2023 launch race:

94 SpaceX
61 China
18 Russia
8 Rocket Lab
7 India

American private enterprise now leads China in successful launches 108 to 61, and the entire world combined 108 to 97. SpaceX now trails the rest of the world (excluding other American companies) 94 to 97.

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SpaceX launches 23 Starlink satellites

Early on December 23, 2023 SpaceX successfully launched another 23 Starlink satellites, its Falcon 9 rocket lifting off from Cape Canaveral.

The first stage successfully completed its 19th flight, landing on a drone ship in the Atlantic. This reuse was new record. In fact, the reuse numbers of SpaceX’s fleet Falcon 9 first stages are beginning to resemble the reuse numbers of NASA’s shuttle fleet, and are doing so in a significantly shorter period of time and for a lot less money.

The leaders in the 2023 launch race remain the same:

93 SpaceX
61 China
18 Russia
8 Rocket Lab
7 India

American private enterprise now leads China in successful launches 107 to 61, and the entire world combined 107 to 97. SpaceX now trails the rest of the world (excluding other American companies) 93 to 97.

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Starship prototype #28 completes full duration static fire test

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

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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Launch of Intuitive Machines Nova-C lunar lander delayed until February

South Pole of Moon with landing sites

Because of scheduling conflicts impacting other SpaceX launches now, SpaceX and Intuitive Machines have delayed the launch of the latter’s Nova-C lunar lander from a mid-January to a mid-February launch window.

The conflict involves the use of the launchpad, that the Falcon Heavy also uses. Technical issues had forced SpaceX to reschedule its next launch to December 28, 2023, leaving little time afterward to reconfigure the pad for the Falcon 9 Nova-C mid-January launch window. Any Falcon Heavy launch delays due to weather would likely make that mid-January window impossible, so the companies have decided better to reschedule now.

Nova-C is targeting a crater rim near the Moon’s south pole, as shown on the map to the right. The floor of that crater is thought to be permanently shadowed, but Nova-C does not have the capability to enter it. This mission is mostly an engineering test mission, to prove Intuitive Machine’s design. If it works, it will operate on the Moon surface for one lunar day, about two weeks. The company then has two more lunar missions contracted with NASA, with the next mission aiming to fly in 2024 as well.

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SpaceX launches 23 Starlink satellites

SpaceX tonight successfully launched another 23 Starlink satellites, its Falcon 9 rocket lifting off from Cape Canaveral.

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

The leaders in the 2023 launch race:

92 SpaceX
61 China
17 Russia
8 Rocket Lab
7 India

American private enterprise now leads China in successful launches 105 to 61, and the entire world combined 105 to 96. SpaceX now trails the rest of the world combined (excluding American companies) 92 to 96.

This was the 201st launch this year, the first time ever that the global launch industry has exceeded 200 launches. Before 2021, annual global launch totals were generally less than 100. It now looks like there is a good chance they will never again be as low as that. (I should have noted this at the 200th launch, but missed it.)

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Environmental groups file another complaint attempting to stop SpaceX launches at Boca Chica

In what is now becoming a routine process of harassment, several environmental groups have filed another complaint against the FAA and Fish & Wildlife for eventually issuing a second launch license to SpaceX, permitting it to do its mid-November second orbital test launch of its Starship/Superheavy rocket from Boca Chica, Texas.

In the supplemental complaint, the groups — Center for Biological Diversity, American Bird Conservancy, Carrizo/Comecrudo Nation of Texas, Inc., Save RGV and Surfrider Foundation — allege the FAA failed to properly analyze the environmental impacts of the first Starship launch before issuing a revised license for the second launch that took place Nov. 18.

That new licensing process included an environmental review by the U.S. Fish and Wildlife Service (FWS) regarding a pad deluge system that SpaceX installed on the pad to prevent damage like that the pad suffered during the first launch. The FWS concluded that the deluge system would produce no significant environmental changes.

The environmental groups argue that both FAA and FWS fell short of what was required under the National Environmental Policy Act (NEPA) to review the environmental impacts of Starship launches. The FAA, it stated in the complaint, “once again failed to take the requisite ‘hard look’ at the impacts of the Starship/Superheavy launch program through a supplemental NEPA analysis.”

Let me translate what this complaint really says, and I can do it only a few words: “Your review didn’t come to the conclusions we want — which is to block all work by SpaceX — so that we can do what we want!” Both the American Bird Conservancy and the Surfrider Foundation simply want unlimited access to the region for their own recreation, while the Center of Biological Diversity is only interested in stopping all human development anywhere — until it can settle its frequent lawsuits against the government and pocket its payoff.

As for Carrizo/Comecrudo Nation of Texas and Save RGV, both are bogus organizations. The first is for a almost non-existent Indian tribe that never even lived in this area (they were based in Mexico), and the second claims it represents the people of the south Texas region who want SpaceX’s work stopped. Since almost everyone in Brownsville and throughout the region is celebrating the new prosperity brought to them by SpaceX, it is essentially a front group for the Marxist environmental movement that hates all prosperity. It doesn’t represent anyone really in south Texas.

As before, this complaint will have to be fought, wasting time and money.

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Musk fires back at FCC decision to cancel its $886 million Starlink grant award

In a tweet late on December 12, 2024, Elon Musk fired back at the FCC for its decision to cancel its $886 million Starlink grant award first awarded to SpaceX in 2020 under the FCC program to encourage companies to provide broadband internet services to rural areas. As Musk noted quite accurately:

Doesn’t make sense. Starlink is the only company actually solving rural broadband at scale!

They should arguably dissolve the program and return funds to taxpayers, but definitely not send it those who aren’t getting the job done.

What actually happened is that the companies that lobbied for this massive earmark (not us) thought they would win, but instead were outperformed by Starlink, so now they’re changing the rules to prevent SpaceX from competing.

In September Musk had also endorced a Wall Street Journal editoral that suggested the Biden administration was attempting to cancel this grant because “it has it in for Elon Musk.” Musk response: “Sure seems that way.”

It seems that way even more so now. I wonder if Musk will now sue. Above all however he is right when he argues the entire program should be dissolved and the money returned to the taxpayer. There is no justification for the FCC to hand out this cash, especially when multiple private companies, not just SpaceX, are getting the job done and making profits at the same time.

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The scrub of this week’s Falcon Heavy launch of X-37B

In what has become quite rare, SpaceX was forced to scrub its December 11, 2023 launch of its Falcon Heavy rocket, carrying one of the Space Force’s X-37B spacecraft, due to technical problems.

Initially, the cause of the scrub was linked to a problem with the company’s ground systems, not the rocket itself. This in itself is significant, because of the almost hundred launches SpaceX has done this year, almost none have been scrubbed, and the few that have been scrubbed were almost always because of weather conditions. The company has gotten its launch ground systems and rockets working like clockwork, so to have a problem with the ground systems on this Falcon Heavy launch was quite unusual.

SpaceX officials initially thought they would be able to fix the problem and launch after only one or two days delay. However, shortly thereafter unstated additional problems were identified that required the company to roll the rocket back to its assembly building for more work.

As a result, the launch date is now to be determined, and could even be delayed to early next year. The article at the link focuses on how this rescheduling could impact two other launches that carry commercial lunar landers. This I think is unlikely, since both work under much more restrictive launch windows, for this reason are almost certain to get priority in scheduling.

More important is the question as to what caused the initial scrub and then the need to roll the rocket back for more checkouts. Are the problems with the Falcon Heavy or with the X-37B spacecraft, or with some issue involving both? Neither SpaceX nor the Space Force would release any details. The fact that SpaceX now so rarely has technical issues at launch suggests some problem with the X-37B, but that conclusion is pure speculation.

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Amazon files to have shareholder lawsuit dismissed

On December 11, 2023 Amazon requested dismissal of a shareholder lawsuit against it for acting in bad faith by excluding SpaceX in its initial launch contracts with ULA, Arianespace, and Blue Origin to put its Kuiper constellation of satellites into orbit.

The lawsuit claimed that the board performed little diligence on the proposed contracts to launch the 3,236-satellite constellation with the Ariane 6, New Glenn and Vulcan Centaur rockets. The combined contracts were, it stated, the second largest capital expenditure in Amazon’s history at the time, trailing only its $13.7 billion acquisition of grocer Whole Foods.

The lawsuit stated that the board and its audit committee spent “barely an hour” reviewing those contracts, including those that would go to Blue Origin and ULA. Blue Origin is owned by Amazon founder and former chief executive Jeff Bezos, while ULA has a contract with Blue Origin to use BE-4 engines on its Vulcan rocket. The suit estimated that nearly 45% of the value of the contracts goes to Blue Origin either directly or through the BE-4 engine contract with ULA.

Amazon’s call for dismissal disputes these claims, stating that the board spent far more time on the issue, and then documents this. Interestingly, it makes no mention of the recent additional launch contract Amazon signed with SpaceX on December 3, 2023, but it is obvious that this filing was timed to occur afterward in order to strengthen Amazon’s case.

Amazon’s response (available at the link above) is heavily redacted, so some of the company’s claims are difficult to assess. For example, if the board did consider the issue of launch contractors properly, the subject of using SpaceX should have come up and been discussed at length. The redactions make it impossible to determine if this was so. If anything, what can be read suggests SpaceX was dismissed as an option far too quickly.

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