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SpaceX and NASA defeat Blue Origin’s Starship Moon lander lawsuit

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While specific details of the decision are likely a few weeks away, the US Court of Federal Claims has denied an infamous Blue Origin lawsuit, upholding NASA’s decision to award SpaceX a contract to create a Starship-derived Moon lander.

The ruling ends almost seven months of delays explicitly caused by protests and lawsuits filed by competitors Dynetics and Blue Origin. Protests were first filed with the US Government Accountability Office (GAO) about a week after NASA announced in April 2021 that SpaceX would build the Human Landing System. Both protests were denied in July but Blue Origin ultimately chose to double down and filed a lawsuit against NASA and SpaceX in August, kicking off a process guaranteed to cause several more months of delays.

NASA’s decision to contract with SpaceX alone defied most expectations, especially when the space agency ultimately explained that SpaceX’s Starship proposal was half the price of the next best option while simultaneously offering better management and more convincing technical expertise. More importantly, rather than attempting to deliver the bare minimum specifications NASA requested from HLS bidders, SpaceX’s Starship Moon lander went above and beyond, enabling potentially revolutionary performance magnitudes better than Blue Origin or Dynetics’ offerings.

Based on their redacted GAO protests, both of which contained a litany of frivolous arguments and dubiously relevant and self-unaware jabs at SpaceX, Blue Origin and Dynetics were furious about their losses. Aside from one minor nitpick, GAO wholly denied both protests, at which point Blue Origin took the matter to federal court rather than slink home, tail between its legs. In the interim between protest filing and GAO’s decision, Blue Origin also repeatedly tried to go behind NASA’s back by having sympathetic members of Congress tack on amendments to unrelated bills that would have forced the space agency to select a second HLS lander without guaranteeing the additional funding needed to pay for it.

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Blue Origin owner and former Amazon CEO Jeff Bezos even sent an unsolicited letter and proposal to NASA offering to pony up $2B of the ~$6B it requested to develop a NASA Moon lander. SpaceX, on the other hand, did what NASA’s HLS request for proposal (RFP) explicitly asked of bidders and proposed to pay half of its Starship lander development costs in its original proposal, while Blue Origin instead attempted to milk as much money from NASA as possible under the delusional premise that NASA would then negotiate for a cheaper deal (illegal under basic contracting rules).

Later on, weeks into the lawsuit, redacted court filings revealed that Blue Origin had abandoned most of the arguments it put forth in its GAO protest and was instead leading with the claim that a few minor (but potentially valid) violations of contracting rules made by NASA and SpaceX in their limited post-award negotiations. It’s now clear that the presiding judge was far from convinced by that argument, instead ruling entirely in SpaceX and NASA’s favor and upholding the space agency’s HLS procurement process.

It remains to be seen if the judge was at all swayed by any of the several arguments Blue Origin threw at the wall, something that the court’s final redacted decision will hopefully clarify when it’s released around November 18th. In the meantime, it’s unclear when exactly NASA and SpaceX will be able to finally get back to work on HLS. Prior to the court’s decision, NASA’s voluntary stay of performance – preventing collaboration with SpaceX on its HLS contract – was scheduled to expire on November 8th.

The brief decisions can be read here (PDF) and here (PDF).

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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

SpaceX’s Elon Musk relieves worries about orbital data centers

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Rendering of Elon Musk overlooking a Starship fleet (Credit: Grok)
Rendering of Elon Musk overlooking a Starship fleet (Credit: Grok)

SpaceX CEO Elon Musk recently confronted worries about orbital data centers and launching satellites in mass quantities in space, as some voiced concerns about crowding.

Musk’s SpaceX plans to combat the issue of needing data centers by launching them into space instead of taking up valuable real estate on Earth. It has been a major point of SpaceX’s future, including its looming IPO, which could be the largest ever.

In a recent interview filmed at SpaceX’s Starlink terminal factory in Bastrop, Texas, Elon Musk directly addressed concerns that deploying large numbers of AI satellites for orbital data centers could crowd Earth’s orbit. His message was straightforward and reassuring: space is vast beyond human intuition.

“Space is really big,” Musk said. “It’s not like space is gonna get crowded. Space is enormous. If you actually look at it relative to the Earth, the satellites are so tiny you can’t even see them.” He emphasized that even zooming in makes a satellite appear large, but from a planetary perspective, they are minuscule specks.

Musk pointed to SpaceX’s real-world experience operating roughly 10,000 Starlink satellites as evidence that large constellations can be managed safely. “We’ve got a pretty good idea of how to operate just really large constellations and do it safely,” he noted. SpaceX remains the only operator with meaningful experience at this scale, giving the company unique insight into tight orbital packing without compromising safety

The discussion highlighted SpaceX’s plans for “AI1” satellites—essentially orbiting racks of AI compute powered by massive solar arrays and cooled via radiative panels in space’s vacuum.

These satellites leverage proven Starlink V3 technology, making them simpler to design than communications satellites. A first-generation unit targets around 150 kW peak power, with a 70-meter wingspan for solar panels and radiators. Laser links will connect them to each other and the Starlink network, delivering low-latency access (on the order of a few milliseconds from low-Earth orbit).

FCC accepts SpaceX filing for 1 million orbital data center plan

Musk framed orbital data centers as a practical solution to Earth’s constraints on AI growth. Ground-based facilities face power shortages, water demands for cooling, and grid limitations. In space, constant sunlight (no day-night cycle), vacuum radiative cooling, and abundant solar energy offer clear advantages.

Production will ramp up at an expanded “Gigasat” factory in Bastrop, with solar manufacturing already underway and full AI satellite output expected at reasonable volume by the end of 2027. Starship’s rapid, high-volume launch capability, aiming for multiple flights per hour, will make massive deployment feasible.

Critics sometimes raise risks like space debris or Kessler syndrome, but Musk’s response underscores scale: even a million satellites would represent an imperceptible fraction of available orbital volume when viewed against Earth’s size. SpaceX’s automated collision avoidance and deorbiting designs for Starlink further mitigate concerns.

This vision ties into broader ambitions. Musk sees orbital AI compute as a step toward harnessing more of the Sun’s energy, advancing humanity on the Kardashev scale from a Type 0 civilization toward Type 1 and eventually Type 2. By moving power-hungry data centers off-planet, SpaceX aims to unlock orders-of-magnitude more compute while preserving Earth’s resources.

Musk’s comments should ease public anxiety. With proven operational expertise, incremental engineering, and the immensity of space itself, orbital data centers represent not overcrowding, but smart expansion into the final frontier.

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Investor's Corner

Tesla Full Self-Driving hits Level 4? One analyst says yes

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Credit: Tesla

Tesla Full Self-Driving (Supervised) is currently listed as a Level 2 suite in terms of its passenger cars. As its Robotaxi platform continues to move quickly, it has been recognized as a Level 4 ride-sharing program by the State of Texas, as Tesla recently self-certified itself.

However, a Wall Street analyst is arguing that Tesla (NASDAQ: TSLA) has effectively achieved Level 4 autonomy in most conditions in all of its vehicles, drawing on personal experience and data released by the company.

Alex Potter of Piper Sandler said in a note to investors on Wednesday that “Tesla has solved the self-driving puzzle,” pointing to decisions to offer insurance discounts for FSD-enabled policies as a signal of confidence, which is backed up by stellar safety records compared to human driving.

Investing.com initially reported on Potter’s new note.

Additionally, Potter looks at the recent start of Cybercab production at Giga Texas as a potential indication that Tesla is ready to offer some level of unsupervised driving at least in the near future. The Cybercab has no steering wheel or pedals, completely eliminating the ability for human input.

He also sees Tesla’s allocation of “several hundred million USD (if not $1B+)” as confidence internally, seeing as it would be tough to set aside that amount of capital toward a project that the company does not see as relatively near-term.

Forward thinking, especially as Cybercab has no human controls, it would make sense that Tesla is at least close to self-driving. How close is another question.

Tesla has routinely teased that unsupervised FSD is close, but there are still a lot of things it feels as if the company has to roll out some more capability, including unsupervised parking features, known as “Banish,” better operation with regional self-driving performance, and other improvements.

That is not to say that Tesla FSD is super impressive already. It has already completed coast-to-coast drives across the United States and Canada, it routinely takes the stress out of driving for most people, and it has proven through Tesla Safety Reports that it is safer and involved in accidents less frequently than humans.

Even Potter believes it is capable, as he used it to go from Missoula, Montana, to Minneapolis, Minnesota, back in April.

“There’s no substitute for personal experience,” he wrote.

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Cybertruck

Tesla Cybertruck is finally getting Summon

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Credit: Tesla

Tesla has finally and officially confirmed that Actually Smart Summon, commonly known as ASS, will make its way to the Cybertruck two and a half years after first deliveries.

The feature, which is part of the Full Self-Driving suite, allows owners of any Tesla to literally summon their vehicle to their location in a parking lot. It is limited by range and speed, especially as there is nobody in the vehicle, but is a great feature to have for rainstorms, busy parking lots, or for injured passengers (I recently used it so I could give my Fiancèe a hand leaving a sports injury doctor after she pulled her calf).

Summon has been available on every Tesla that is currently available, but the Cybertruck has not had the feature in the two and a half years that customers have been taking deliveries.

There were a few things that Tesla had to work out with Full Self-Driving features, Summon in particular, with the Cybertruck.

Initially, its Steer-by-Wire system handles low-speed maneuvers differently than a typical mechanical steering connection available in the S3XY lineup. This required some additional time of development to allow Tesla to retrain and validate the AI models specifically for the feature within Cybertruck.

Additionally, the overall size and weight of Cybertruck impacted expected dynamics, has an impact on braking distances, and even obstacle avoidance in tighter lots. Tesla prioritized safety over launching the feature ahead of having the utmost confidence in it.

However, the wait is finally over, at least it seems that way. Tesla said that Cybertruck will receive ASS through a Software Update “shortly,” but did not give an explicit date. Tesla has said that Summon is coming in the past, only for it to be delayed yet again.

We anticipate that Summon will roll out within the Cybertruck in less than a week, but there are still some reservations about that timing because, ultimately, nobody knows what Tesla will do outside of Tesla. The Spring Update for many came well late, at least a month past the initial rollout wave.

The rollout of Summon to Cybertruck is a great milestone for Tesla, even if it has come later than most would really like to admit. Now that Cybertrucks will be summoned across parking lots, it will be awesome to see reactions to the massive pickup with no driver sitting in the driver’s seat.

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