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SpaceX’s NASA Starship contract safe for now as Blue Origin looks to Congress
Fresh off of a major contract loss during a competition to build NASA’s next crewed Moon lander, Blue Origin has begun aggressively lobbying Congress for the contract NASA didn’t give it.
Thankfully, albeit not at first, a modification has been made to an amendment first proposed by a Senator that has long pursued favorable treatment of Blue Origin that will prevent that legislation – if it passes – from unfairly interrupting the $2.9 billion contract NASA already awarded SpaceX. Announced on April 16th, that award came as a shock, effectively cementing SpaceX’s lunar Starship as both the cheapest and most technically sound proposal to return humanity to the Moon.
As such, although NASA made it clear that it would have selected two of the three competing proposals in a perfect scenario, Congress allocated just a quarter of the Human Landing System (HLS) funding NASA requested, forcing the agency between a rock and a hard place.
NASA repeatedly stated as much both before and after the decision was announced, effectively implying that the agency had learned its lesson with the Commercial Crew Program, in which it had selected two redundant providers – Boeing and SpaceX – only for Congress to systematically underfund the program for years. As a direct result of years of underfunding during an early and formative period, both providers suffered at least 2-3 years of delays, followed by another few years of more organic delays as development matured and new challenges were unsurprisingly uncovered.
Politically, NASA could never say that – effectively biting the hand that (under)feeds – out loud, but it was strongly implied in an official HLS source selection statement released to partially explain why it had chosen SpaceX and SpaceX alone. Almost instantly, both losing competitors – Blue Origin and Dynetics – filed protests with the US Government Accountability Office (GAO) filled with far more bizarre, rambling tangents than coherent legal arguments.
Unless GAO operates on a different standard than the court of law or uncovers something nefarious behind closed doors, a close reading of both partially redacted protests does not bode well for either document’s ability to sway the office’s opinion. Almost as if Blue Origin itself is aware of just how frivolous its protest really is, the company – seemingly backed by partners Northrop Grumman, Lockheed Martin, and Leidos – wasted no time lobbying Senator Maria Cantwell for an alternate avenue to get what it wants and the government money founder Jeff Bezos feels entitled to.
Cantwell represents Washington State, where both Amazon and Blue Origin are headquartered, and has frequently spoken out in support of – or personally introduced – legislation that would specifically favor Bezos’ space company. On May 12th, Cantwell introduced an amendment that would purportedly “maintain competitiveness” by forcing NASA to select a second HLS winner in addition to SpaceX. Without irony, the authorization bill also demanded that NASA make that decision within a mere 30 days.
Under those conditions, Congress would authorize $10 billion for NASA to develop and demonstrate two landers with an uncrewed and crewed Moon landing each – the original plan. Insultingly, Cantwell tacked that amendment onto an authorization bill, meaning that even if Congress were to pass the bill and the President were to sign it into law, Congress would still have to actually allocate that $10 billion in the form of a more than 10% boost to NASA’s annual budget. Historically, even if Congress were to defy all recent precedent and significantly boost NASA’s 2022 budget, there is no guarantee that that raise would be upheld for four or more years, which it would need to be for the authorization bill to be anything more than a hollow promise.
More recently, a clause was thankfully added clarifying that NASA is not allowed to “modify, terminate, or rescind” SpaceX’s HLS contract to comply with the amendment. Additionally, while still amounting to a legal gun to NASA’s head to force it to into a contract it knows it cant afford, the modification gives NASA 60 days to award a second lander contract. Based on the agency’s own selection statement, Blue Origin’s National Team would almost certainly be the recipient in the event that the bill becomes law, forcing NASA to commit more than $9 billion – instead of $2.9 billion – to the next stage of HLS development with no guarantee that its budget will be raised accordingly.
In the meantime, GAO still has to complete its reviews of Blue Origin and Dynetic’s protests and the White House has to submit its FY2022 budget request and consider adding NASA funding to its proposed jobs and infrastructure package.
Elon Musk
Delaware Supreme Court reinstates Elon Musk’s 2018 Tesla CEO pay package
The unanimous decision criticized the prior total rescission as “improper and inequitable,” arguing that it left Musk uncompensated for six years of transformative leadership at Tesla.
The Delaware Supreme Court has overturned a lower court ruling, reinstating Elon Musk’s 2018 compensation package originally valued at $56 billion but now worth approximately $139 billion due to Tesla’s soaring stock price.
The unanimous decision criticized the prior total rescission as “improper and inequitable,” arguing that it left Musk uncompensated for six years of transformative leadership at Tesla. Musk quickly celebrated the outcome on X, stating that he felt “vindicated.” He also shared his gratitude to TSLA shareholders.
Delaware Supreme Court makes a decision
In a 49-page ruling Friday, the Delaware Supreme Court reversed Chancellor Kathaleen McCormick’s 2024 decision that voided the 2018 package over alleged board conflicts and inadequate shareholder disclosures. The high court acknowledged varying views on liability but agreed rescission was excessive, stating it “leaves Musk uncompensated for his time and efforts over a period of six years.”
The 2018 plan granted Musk options on about 304 million shares upon hitting aggressive milestones, all of which were achieved ahead of time. Shareholders overwhelmingly approved it initially in 2018 and ratified it once again in 2024 after the Delaware lower court struck it down. The case against Musk’s 2018 pay package was filed by plaintiff Richard Tornetta, who held just nine shares when the compensation plan was approved.
A hard-fought victory
As noted in a Reuters report, Tesla’s win avoids a potential $26 billion earnings hit from replacing the award at current prices. Tesla, now Texas-incorporated, had hedged with interim plans, including a November 2025 shareholder-approved package potentially worth $878 billion tied to Robotaxi and Optimus goals and other extremely aggressive operational milestones.
The saga surrounding Elon Musk’s 2018 pay package ultimately damaged Delaware’s corporate appeal, prompting a number of high-profile firms, such as Dropbox, Roblox, Trade Desk, and Coinbase, to follow Tesla’s exodus out of the state. What added more fuel to the issue was the fact that Tornetta’s legal team, following the lower court’s 2024 decision, demanded a fee request of more than $5.1 billion worth of TSLA stock, which was equal to an hourly rate of over $200,000.
Delaware Supreme Court Elon Musk 2018 Pay Package by Simon Alvarez
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Tesla Cybercab tests are going on overdrive with production-ready units
Tesla is ramping its real-world tests of the Cybercab, with multiple sightings of the vehicle being reported across social media this week.
Tesla is ramping its real-world tests of the Cybercab, with multiple sightings of the autonomous two-seater being reported across social media this week. Based on videos of the vehicle that have been shared online, it appears that Cybercab tests are underway across multiple states.
Recent Cybercab sightings
Reports of Cybercab tests have ramped this week, with a vehicle that looked like a production-ready prototype being spotted at Apple’s Visitor Center in California. The vehicle in this sighting was interesting as it was equipped with a steering wheel. The vehicle also featured some changes to the design of its brake lights.
The Cybercab was also filmed testing at the Fremont factory’s test track, which also seemed to involve a vehicle that looked production-ready. This also seemed to be the case for a Cybercab that was spotted in Austin, Texas, which happened to be undergoing real-world tests. Overall, these sightings suggest that Cybercab testing is fully underway, and the vehicle is really moving towards production.
Production design all but finalized?
Recently, a near-production-ready Cybercab was showcased at Tesla’s Santana Row showroom in San Jose. The vehicle was equipped with frameless windows, dual windshield wipers, powered butterfly door struts, an extended front splitter, an updated lightbar, new wheel covers, and a license plate bracket. Interior updates include redesigned dash/door panels, refined seats with center cupholders, updated carpet, and what appeared to be improved legroom.
There seems to be a pretty good chance that the Cybercab’s design has been all but finalized, at least considering Elon Musk’s comments at the 2025 Annual Shareholder Meeting. During the event, Musk confirmed that the vehicle will enter production around April 2026, and its production targets will be quite ambitious.
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Tesla gets a win in Sweden as union withdraws potentially “illegal” blockade
As per recent reports, the Vision union’s planned anti-Tesla action might have been illegal.
Swedish union Vision has withdrawn its sympathy blockade against Tesla’s planned service center and showroom in Kalmar. As per recent reports, the Vision union’s planned anti-Tesla action might have been illegal.
Vision’s decision to pull the blockade
Vision announced the blockade in early December, stating that it was targeting the administrative handling of Tesla’s facility permits in Kalmar municipality. The sympathy measure was expected to start Monday, but was formally withdrawn via documents sent to the Mediation Institute and Kalmar Municipality last week.
As noted in a Daggers Arbete report, plans for the strike were ultimately pulled after employer group SKR highlighted potential illegality under the Public Employment Act. Vision stressed its continued backing for the Swedish labor model, though Deputy negotiation manager Oskar Pettersson explained that the Vision union and IF Metall made the decision to cancel the planned strike together.
“We will not continue to challenge the regulations,” Petterson said. “The objection was of a technical nature. We made the assessment together with IF Metall that we were not in a position to challenge the legal assessment of whether we could take this particular action against Tesla. Therefore, we chose to revoke the notice itself.”
The SKR’s warning
Petterson also stated that SKR’s technical objection to the Vision union’s planned anti-Tesla strike framed the protest as an unauthorized act. “It was a legal assessment of the situation. Both for us and for IF Metall, it is important to be clear that we stand for the Swedish model. But we should not continue to challenge the regulations and risk getting judgments that lead nowhere in the application of the regulations,” he said.
Vision ultimately canceled its planned blockade against Tesla on December 9. With Vision’s withdrawal, few obstacles remain for Tesla’s long-planned Kalmar site. A foreign electrical firm completed work this fall, and Tesla’s Careers page currently lists a full-time service manager position based there, signaling an imminent opening.