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SpaceX CEO Elon Musk explains why Blue Origin’s Starship lawsuit makes no sense

The battle between NASA and Blue Origin over SpaceX's HLS Starship Moon lander continues. (SpaceX/Blue Origin)

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For the first time since SpaceX competitor Blue Origin took NASA to federal court after losing a Moon lander contract to Starship and a protest over that loss, unsealed documents have finally revealed the argument Jeff Bezos’ space startup is focusing on in court.

After the details broke in new court documents filed on Wednesday, SpaceX CEO Elon Musk weighed in on Twitter to offer his take on why the arguments Blue Origin has hinged its lawsuit on make very little sense.

While one seemingly significant portion of the main complaint claiming to reveal “additional substantial errors” in SpaceX’s Starship HLS proposal was almost fully redacted, most of the opening argument is legible. In short, Blue Origin appears to have abandoned the vast majority of arguments it threw about prior to suing NASA and the US government and is now almost exclusively hinging its case on the claim that SpaceX violated NASA’s procurement process by failing to account for a specific kind of prelaunch review before every HLS-related Starship launch.

For NASA’s HLS competition, SpaceX proposed to create a custom variant of Starship capable of serving as a single-stage-to-orbit crewed Moon lander with the help of the rest of the Starship fleet – including Super Heavy boosters, cargo/tanker Starships, and a depot or storage ship. SpaceX would begin a Moon landing campaign by launching a (likely heavily modified) depot Starship into a stable Earth orbit. Anywhere from 8 to 14 Starship tanker missions – each carrying around 100-150 tons of propellant – would then gradually fill that depot ship over the course of no more than six or so months. Once filled, an HLS lander would launch to orbit, refill its tanks from the depot ship, and make its way to an eccentric lunar orbit to rendezvous with NASA’s Orion spacecraft and three Artemis astronauts.

As Blue Origin has exhaustively reminded anyone within earshot for the last five months, SpaceX’s Starship Moon lander proposal is extremely complex and NASA is taking an undeniable risk (of delays, not for astronauts) by choosing SpaceX. Nevertheless, NASA’s Kathy Lueders and a source evaluation panel made it abundantly clear in public selection statement that SpaceX’s proposal was by far the most competent, offering far a far superior management approach and technical risk no worse than Blue Origin’s far smaller, drastically less capable lander.

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The bulk of Blue Origin’s argument appears to be that its National Team Lander proposal was drastically disadvantaged by the fact that SpaceX may or may not have incorrectly planned for just three ‘flight readiness reviews’ (FRRs) for each 16-launch HLS Starship mission. While heavily redacted, Blue Origin wants a judge to believe that contrary to the US Government Accountability Office’s (GAO) fair assessment that such a small issue is incredibly unlikely to have changed the competition’s outcome, it would have “been able to propose a substantially lower price” for its lander. To be clear, a flight readiness review is an admittedly important part of NASA’s safety culture, but it ultimately amounts to paperwork and doublechecks over the course of a day or two of meetings.

All else equal, the need to complete an FRR before a launch is incredibly unlikely to cause more than a few days of delays in a worst-case scenario and would have next to no cost impact. There is no reasonable way to argue that being allowed to complete some launches without an FRR would have singlehandedly allowed Blue Origin to “[engineer] and [propose] an entirely different architecture.” Nevertheless, that’s exactly what the company attempts to argue – that it would have radically and completely changed the design it spent more than half a billion dollars sketching out if it had only been able to skip a few reviews.

Curiously, Blue Origin nevertheless does make a few coherent and seemingly fact-based arguments in the document. Perhaps most notably, it claims that when NASA ultimately concluded that it didn’t have funds for even a single award (a known fact) and asked SpaceX – its first choice – to make slight contract modifications to make the financial side of things work, NASA consciously chose to waive the need for an FRR before every HLS Starship launch. Only via purported cost savings from those waived reviews, Blue Origin claims, was NASA able to afford SpaceX’s proposal – which, it’s worth noting, was more than twice as cheap as the next cheapest option (Blue Origin).

Ultimately, it thus appears that Blue Origin may have a case to make that NASA awarded SpaceX the HLS Option A contract despite a handful of errors that violated contracting rules and the HLS solicitation. Relative to just about any other possible issue, though, it’s hard not to perceive the problems Blue Origin may or may have correctly pointed out as anything more than marginal and extraordinarily unlikely to have changed the outcome in Blue’s favor had they been rectified before the award. Most importantly, even if Blue Origin’s argument is somehow received favorably and a judge orders NASA to overturn its SpaceX HLS award and reconsider all three proposals, it’s virtually inconceivable that even that best-case outcome would result in Blue Origin receiving a contract of any kind.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Elon Musk confirms Grok 4 launch on July 9 with livestream event

The rollout will be accompanied by a livestream at 8 p.m. Pacific Time.

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Credit: xAI/X

Elon Musk has officially confirmed that Grok 4, the latest version of xAI’s large language model, will launch on July 9. The rollout will be accompanied by a livestream at 8 p.m. Pacific Time, hosted on xAI’s official account on X.

xAI goes straight to Grok 4

Back in May, leaks indicated that xAI was getting ready to ship Grok 3.5. Considering Musk’s recent comments, however, it appears that the artificial intelligence startup would be focusing on the large language model’s fourth iteration instead. As noted in a Financial Express report, users on X have sighted references to Grok 4 in the lead up to the update’s launch, such as “grok-4-prod-mimic” and “Grok 4 Code.”

Musk’s Grok 4 announcement comes as AI competition intensifies between major players including OpenAI, Google, and xAI. With Musk’s Colossus supercomputer fully operational in Memphis, xAI appears to be accelerating its AI product roadmap.

Musk pushes Grok toward political neutrality

Grok 4’s launch also follows a recent controversy involving political bias, as noted in a CNN report. Last week, Grok responded to a user on X stating that political violence in the U.S. since 2016 had come more from the political right than the left. The chatbot noted in a later reply that its answer was based on information from sources like Reuters, the Journal of Democracy, and University of Maryland studies. 

Musk stated that Grok’s response was a “major fail.” “Major fail, as this is objectively false. Grok is parroting legacy media. Working on it,” he wrote in a post on X. By the end of June, Musk noted that he was “grinding all night with the xAI team” and that they were making “good progress.” He also stated that the model “Will be called Grok 4. Release just after July 4th. Needs one more big run for a specialized coding model.”

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Tesla opens massive solar Supercharger station in California

The Supercharger opened to customers ahead of Fourth of July weekend, while Tesla continues phase two of construction on the site.

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Credit: Tesla Charging | X

Tesla has officially launched the first several Supercharging posts at a massive station in California, notably including solar canopies and grid-scale batteries to offer completely renewable charging.

Last week, Tesla announced on X that it opened the first 84 Supercharger stalls of a planned 168-stall station in Lost Hills, California. Additionally, the massive Supercharger project features 11MW of solar canopies and 10 Megapack batteries for off-grid charging powered entirely by solar energy.

Tesla completed the first phase of the project just days ahead of the busy Fourth of July holiday weekend, adding that initial construction took just eight months. In addition to the remaining charging stalls, Tesla says it’s building a set of lounge areas, renderings of which can be seen below alongside current photos of the site.

Notably, the site also includes V4 charging posts for the company’s latest available charging speeds, and it’s located near the busy junction between I-5 and Highway 46 in Kern County.

“Thank you [Kern County] and [PG&E] for collaboration and approvals,” Tesla wrote in a follow-up post.

Credit: Tesla Charging | X

Credit: Tesla Charging | X

Credit: Tesla Charging | X

Credit: Tesla Charging | X

READ MORE ON TESLA SUPERCHARGERS: Tesla launches ultra-fast V4 Superchargers in China for the first time

Testing at the LA Diner, plus Musk update on potential Tesla solar Gigafactory

The huge Tesla Supercharger station completed phase one of construction fairly quickly, especially given how long Tesla has been working on its unique Los Angeles diner, drive-in, and Supercharger location. Still, the company was seen performing some testing at the nearly-completed charging station earlier this month, and will reportedly be holding a job fair.

Elon Musk also responded on Monday morning to a post on X, suggesting that Tesla is “thinking about” building a U.S.-based solar Gigafactory in order to help support increased power needs with AI growth, and to bolster domestic solar production.

Tesla is building a new UFO-inspired Supercharger in the heart of Alien country

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Tesla driver walks away from major accident with minor injuries

The driver sustained only minor injuries, and the exact cause of the crash remains under investigation.

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Credit: CHP Los Banos (via Facebook)

The driver of a Tesla Model Y survived and walked away from a harrowing accident on Monday in California, only sustaining minor injuries despite the vehicle being impaled by a guardrail.

On Monday morning around 4:34 a.m., the Los Banos division of the California Highway Patrol (CHP) responded to the accident on I-5 near Panoche Road, involving a 23-year-old in a Tesla Model Y. According to a post on social media, the driver veered off the road for unknown reasons in the northbound lane, before crashing directly into the guardrail and impaling the vehicle.

You can read the full message and photos from Los Banos CHP below, as were shared in a Facebook post on Monday afternoon.

This morning a Tesla model y was traveling in the #1 northbound lane of I-5 north of Panoche Rd. For unknown reasons driver allowed V-1 to veer off the roadway, travel through a dirt center divide, and crashed into the fixed metal guardrail. Lucky for the driver he only sustained minor injuries and was able to walk away. Driving a vehicle requires 100% attention to the road. Avoid distractions and focus on driving.

Credit: CHP Los Banos (via Facebook)

Credit: CHP Los Banos (via Facebook)

Credit: CHP Los Banos (via Facebook)

In a statement to SFGate, CHP officer Myles Anderson said that the driver only sustained minor injuries, while no arrests are made and drugs and alcohol are not suspected to have been involved. The report also notes that Tesla’s “cruise control and lane assistance features” were activated, according to Anderson. However, it’s not entirely clear if this is referring to Supervised Full Self-Driving (FSD), or to the cruise control and lane assist features baked into Autopilot.

At the time of writing, CHP has not yet responded to Teslarati’s request for clarification and additional details on the matter.

READ MORE ON TESLA SAFETY: Tesla rolls out crucial new safety feature aimed at saving children

The news comes after Tesla has touted its vehicles as incredibly safe for many years. In December, for example, the company highlighted receiving top safety scores from regulators on four different continents throughout the world, including from the National Highway Traffic Safety Administration (NHTSA) and the Insurance Institute of Highway Safety (IIHS) in the U.S.

Tesla has also listed the goal of making its vehicles the safest on the road throughout the years, both in the overall design of its vehicles and in its Autopilot and Full Self-Driving (FSD) programs.

Tesla Model 3 ranks as the safest new car in Europe for 2025, per Euro NCAP tests

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