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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.

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.

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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).

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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Tesla’s flying Roadster just revealed something bigger than the car

Analysts say the Roadster demo puts a Tesla and SpaceX merger back on the table.

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Tesla’s new Roadster, upside down and trailing cold gas thruster smoke, flips over a lineup of Tesla vehicles at the Roadster unveiling near Waco, Texas on October 15, 2026. (Image: Tesla)
Tesla’s new Roadster, upside down and trailing cold gas thruster smoke, flips over a lineup of Tesla vehicles at the Roadster unveiling near Waco, Texas on October 15, 2026. (Image: Tesla)

The Roadster unveiling near Waco ended Thursday night, and by Friday morning much of the investor reaction had less to do with the car than with who owns the rocket technology inside it.

Wedbush analyst Dan Ives said the event “puts the Tesla/SpaceX relationship on the table in a tangible way,” pointing to the propulsion, pressure vessel and control hardware sitting on a Tesla product. Gene Munster of Deepwater Asset Management called the demo “a ridiculous display of engineering” with “no commercial value” beyond embarrassing traditional automakers, though he said it showed Musk wants the two companies together.

The more specific forecast came a day earlier from Barclays. Analyst Dan Levy told clients a deal could be announced before Tesla’s annual meeting, which must happen by December 6, and that an announcement in late October or early November could make shareholder approval harder. Barclays expects SpaceX to be the buyer in an all stock deal, with Tesla holders receiving SpaceX shares at a premium, based on market values of roughly $2.1 trillion for SpaceX and $1.5 trillion for Tesla. If nothing lands around the meeting, the bank still sees an announcement within 6 to 12 months.

The Roadster demo just added more weight to merger speculations. Tesla’s demo used cold gas thrusters and pressure tanks of the kind SpaceX uses on Falcon 9, and Musk described the car as a collaboration between Tesla and SpaceX engineers, as we mentioned in our breakdown of the three Roadster configurations.


Musk has not publicly addressed a deal since the event, as far as we have seen. His most direct answer remains the one he gave at the All In Summit, when he said that with so much collaboration, “who can imagine what action one might take” without ruling anything out. Ives has held to a 2027 timeline since his March note, and Musk pushed back on the China piece of the speculation when ARK floated a year end announcement in August.

The next test is Tesla’s third quarter earnings call on October 21. However, we recall in July that Musk told analysts, “we can’t talk about combining companies and that kind of thing on an earnings call,” so a clear answer wouldn’t be expected.

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How Tesla’s Roadster fan system and thrusters are built to dominate the corners

Tesla’s Roadster uses fans, active wings and cold gas thrusters to create grip at any speed.

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The Roadster’s rear wing, one of the aerodynamic elements Tesla pairs with a fan-based downforce system. (Image: Tesla)
The Roadster’s rear wing, one of the aerodynamic elements Tesla pairs with a fan-based downforce system. (Image: Tesla)

Tesla’s new Roadster is best known for flipping through the air in Texas, but the technology that matters most for a race track is the stuff that keeps it on the ground. Tesla’s Roadster page describes a multi-mode fan and ground sealing system that acts as a downforce generator, pulling air out from beneath the car. Tesla says it provides enough suction to hold the vehicle upside down, even when stationary.

That is the key difference from the wings and diffusers on a normal supercar. Conventional aero only makes downforce when the car is moving, and it grows with speed, so a car has the least grip in the slow corners and under hard braking. A fan system makes downforce at any speed. Tesla’s patent, which we covered last year, describes fans and deployable skirts that create sealed or partially sealed regions under the car, with the fans extracting air to lower the pressure and increase grip and stability.


Tesla pairs that with active wings, a next generation steer by wire system and a Track Mode that lowers the car and changes the suspension, with high downforce and low drag settings for the circuit. To keep weight down, Tesla points to magnesium, titanium and carbon fiber, manual controls and a fixed seat position, which it says lets the car respond to driver inputs almost instantly.

Tesla Roadster: Three configs, one can fly, 0-60 in 0.8 seconds

The cold gas thrusters are the other half. On the Thrust version they sit at the rear and Tesla says they take the car from 0 to 60 mph in under 0.9 seconds, while the Rocket version adds perimeter thrusters for forward, upward and lateral rotational movement. Tesla says the all electric actuators make micro adjustments within a fraction of a second.


Musk has been talking about records for years. In June 2019 he said, “We’re going to do things with the new Roadster that are kind of unfair to other cars.” That September, when a follower asked whether the Roadster would beat the Nürburgring production car record, he replied with one word, “Absolutely,” as we reported at the time. In February 2024 he said Tesla had “radically increased the design goals” for the car and that its sub one second 0 to 60 time would be “the least interesting part.”

There are caveats. Tesla has not published a lap time or a verified cornering figure, so the record talk is still a promise rather than a result. Tesla also says the car is not approved for public road use, and the thruster features are limited to the Rocket trim, which is invite only. Fan cars have also been banned or withdrawn before, and getting a sealed underbody to work on a rough public road is a harder problem than on a smooth track. The first real test will be an official lap at a circuit.

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Tesla Roadster: Three configs, one can fly, 0-60 in 0.8 seconds

Tesla’s Roadster comes in Performance, Thrust and Rocket versions, with a claimed 0-60 under 0.59 seconds.

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Elon Musk addresses the crowd next to the new Tesla Roadster, which Tesla offers in Performance, Thrust and Rocket versions. (Image: Tesla/X)

Tesla finally showed the next generation Roadster on Thursday night, and the demo had more in common with a SpaceX test than a track lap. At an event outside Waco, Texas, near SpaceX’s McGregor site, the car used a mix of fans and cold gas thrusters to drive up a curved ramp until it was upside down, then flew off, flipped and landed on the pavement. “Well, it worked,” Elon Musk said. “Flying cars are real.”

The Roadster also hovered itself over a Cybercab, Cybertruck, Tesla Semi, Model Y and Model 3 while moving, and that Tesla showed it going 0 to 60 mph in one second. Musk said “this will be the actual car that’s on the roads” and that it “literally is just going to puff itself up” to perform the maneuvers whenever an owner wants. He called the result a collaboration between Tesla and SpaceX engineers that is “better than any James Bond car,” with Franz von Holzhausen and Lars Moravy on site.

Tesla published new mind-blowing stats for the car that replace the previous targets. The Performance version is road ready and seats two, with active aerodynamics and a multi-mode suction system, and Tesla lists 0 to 60 mph in under 1.6 seconds. The Thrust version is race ready, also seats two, and adds rear-mounted cold gas thrusters for a 0 to 60 time of under 0.9 seconds. The Rocket version is described as air ready, seats one, and uses perimeter-mounted thrusters for forward and upward acceleration plus lateral rotational movement.

Configuration Seats 0 to 60 mph
Performance 2 under 1.6 s
Thrust 2 under 0.9 s
Rocket 1 under 0.59 s

Tesla’s own description: “So…yes, it can fly.” It lists a 0 to 60 time of under 0.59 seconds for Rocket, a top speed of up to more than 230 mph, and range of more than 300 miles. Tesla has not yet given pricing in the information we have seen, but has reopened $50,000 reservations in the newly updated Tesla Roadster configurator. Production is planned for Giga Texas in 2027 or 2028, and Musk has said it would follow the demo by 12 to 18 months.

Tesla’s Roadster page adds more on how the car works. A multi-mode fan and ground sealing system pulls air from under the car, producing enough suction to hold it upside down even when stationary. Active wings, steer-by-wire with a yoke, and a Track Mode that lowers the car round out the driving setup. The cold gas thrusters use all-electric actuators for micro adjustments to stabilize the car in flight. Tesla says it cut weight with magnesium, titanium and carbon fiber, manual controls and a fixed seat position, and the exterior has hidden headlights, a full-length taillight and Ano White paint inspired by aerospace coatings. Inside are an Ultrawhite interior with gray microsuede, a center touchscreen and two smaller forward displays, and gold tinted glass modeled on spacesuit visors. Availability is tiered: Performance is by reservation, Thrust is a limited release, and Rocket is invite only. Tesla notes the car is not approved for public road use, and that Rocket is not available in all regions.

Tesla Roadster Highlights

  • Aero and suction: a multi-mode fan and ground sealing system pulls air from under the car and can hold it upside down even when stationary. There are also active wings and a Track Mode that lowers the car.
  • Controls and thrusters: steer-by-wire with a yoke. The cold gas thrusters use all-electric actuators for micro adjustments that stabilize the car in flight.
  • Weight: magnesium, titanium and carbon fiber, manual controls and a fixed seat position.
  • Design: hidden headlights, a full-length taillight, Ano White paint inspired by aerospace coatings, and gold tinted glass modeled on spacesuit visors.
  • Interior: an Ultrawhite interior with gray microsuede, a center touchscreen and two smaller forward displays.
  • Availability: Performance is by reservation, Thrust is a limited release, and Rocket is invite only.
  • Road use: Tesla notes the car is not approved for public road use, and that Rocket isn’t available in all regions.

Musk has described the Roadster as “the best of the last of the human-driven cars,” and he has been open that it is a halo product. He said he is “not sure it moves the needle massively from a revenue standpoint,” and has warned that anyone whose top priority is safety should not buy it. Tesla reports third quarter earnings on October 21.

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