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SpaceX sues US government to protest mystery launch or rocket R&D contracts

SpaceX prepares Falcon 9 B1054 for the company's first major USAF launch in December 2018. (SpaceX/USAF)

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SpaceX has filed a lawsuit – technically a “Bid Protest Complaint” – against the United States government and successfully petitioned for the file to remain sealed, restricting access to additional case details for the time being.

This development follows a quiet series of bid protests SpaceX filed with the Government Accountability Office (GAO) in February 2019, shortly after NASA announced that it had awarded ULA a ~$150M launch contract for Lucy (a robotic Trojan asteroid explorer). SpaceX believed that it could perform the mission at a “dramatically lower” price, potentially saving the federal government tens of millions of dollars. SpaceX withdrew both of its GAO bid protests without comment on April 4th. Whether those prior protests are related to SpaceX’s May 2019 lawsuit is unclear.

https://twitter.com/ponder68/status/1129724676333346849

Adding even more complexity and uncertainty to the series of events, NASA awarded SpaceX the launch contract for its Double Asteroid Redirection Test (DART) spacecraft on April 20th, about two weeks after SpaceX retracted its Lucy protests. The cause-and-effect relationship between both events is wholly ambiguous. Perhaps SpaceX withdrew before the company was made aware of their DART win. Perhaps they withdrew their protest because they learned of NASA’s award.

Regardless of what did or did not trigger the contract award, the fact remains that SpaceX’s DART launch will cost NASA ~$70M, less than half the price of ULA’s ~$150M Lucy launch contract. As such, it seems likely that launching Lucy on Falcon 9 could have saved the US government as much as $50M, assuming an expendable profile (~$100M per SpaceX’s latest GPS III launch contracts).

Falcon 9’s upper stage and NASA’s 600 kg DART asteroid impactor. (SpaceX/NASA)

Returning to the topic at hand, the simplest explanation is that SpaceX’s GAO bid protests and May 2019 lawsuit are in some way related. Although SpaceX was clearly correct when it insinuated that it could launch Lucy far more affordably than ULA, the company was criticized for its GAO protests because they effectively froze – or at least complicated – work on the NASA spacecraft. In the event that the withdrawals and lawsuit are related, SpaceX would have backed down after entering into the slow GAO protest process, essentially conceding the contract to ULA and allowing spacecraft work to continue without disruption.

Replaced with a lawsuit against the US government, SpaceX could instead be attempting to change the processes that lead NASA to award ULA the Lucy launch contract in spite of potential savings on the order of ~$50M. SpaceX has done something similar once before when it sued the US Air Force for its uncompetitive launch procurement processes, a largely successful endeavor that has helped force some competition back into USAF/DoD launch contracts.

Atlas V lifts off with the USAF AFSPC-11 spacecraft, April 2018. (Ben Cooper)
Falcon 9 supported its first certified USAF launch – carrying the ~$600M GPS III SV01 spacecraft – in December 2018. (SpaceX)

However, there are several additional possibilities for the actual subject of SpaceX’s latest sealed suit. Most recently, NASA distributed ~$46M among 11 companies for studies and prototypes of lunar landers, transfer vehicles, and in-space refueling technology. SpaceX tied with Aerojet Rocketdyne for the least substantial awards out of those 11 companies, each receiving funds for a single study, while most other awardees were contracted for multiple studies and/or prototypes. This is a stretch, however.

The most likely alternative to a continuation of SpaceX’s Lucy protest is a lawsuit focused on the USAF’s latest EELV/NSSL development contracts and its proposed continuation of block-buy launch procurement. Of the four companies involved, Blue Origin and SpaceX have both criticized the USAF for a variety of reasons. Both did agree, however, in their dislike of the USAF’s inexplicable desire to award all launch contracts to two victors, despite there being as many as four different launch vehicles that could feasibly compete for those several-dozen contracts.

The USAF awarded major vehicle development funding to ULA, Orbital ATK (now NGIS), and Blue Origin. SpaceX was snubbed but is still eligible to compete for Phase 2 launch contracts. (Teslarati – ULA/NGIS/Blue Origin/SpaceX)

For now, details of SpaceX’s latest lawsuit will remain sealed, leaving the company’s motivations veiled in mystery. SpaceX’s next USAF mission could occur as early as June 22nd. Known as STP-2, it will mark Falcon Heavy’s third flight, the rocket’s first defense-related launch, and the USAF’s first use of flight-proven SpaceX boosters. If successful, SpaceX will effectively be able to compete with ULA for all conceivable future launch contracts.

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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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Tesla owners keep coming back for more

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Tesla has taken home the “Overall Loyalty to Make” award from S&P Global Mobility for the fourth consecutive year, reinforcing Tesla owners’ willingness to come back. The 2025 awards are based on S&P Global Mobility’s analysis of 13.6 million new retail vehicle registrations in the U.S. from October 2024 through September 2025. The complete list of 2025 winners includes General Motors for Overall Loyalty to Manufacturer, Tesla for Overall Loyalty to Make, Chevrolet Equinox for Overall Loyalty to Model, Mini for Most Improved Make Loyalty, Subaru for Overall Loyalty to Dealer, and Tesla again for both Ethnic Market Loyalty to Make and Highest Conquest Percentage.

Tesla’s streak in this category started in 2022, and the brand has now won the Highest Conquest Percentage award for six straight years, meaning it keeps pulling buyers away from other brands at a rate no competitor has matched. Tesla’s retention among Asian households reached 63.6% and among Hispanic households 61.9%, rates that significantly outpace national averages for those groups. That breadth of appeal across demographics adds a layer of significance to a win that some might dismiss as routine.

The timing matters too. After several consecutive quarters of decline, Tesla’s share of U.S. EV sales jumped to 59% in Q4 2025. That rebound, arriving just as competitors were flooding the market with new models and incentives, suggests Tesla’s loyalty numbers are not simply the result of limited alternatives. Buyers are still choosing it when they have plenty of other options.

What keeps Tesla owners coming back has a lot to do with the  and convenience of charging. The Supercharger network is the most straightforward example. With over 65,000 Superchargers globally, it remains the largest and most reliable fast-charging network in the world, and owners who have built their routines around it face a real practical cost when considering a switch. Competitors have made progress, but the consistency, speed, and availability of Tesla’s network is still the benchmark the rest of the industry is chasing.  Then there is the software side. Tesla has built a model where the car you own today is functionally different from the car you bought two years ago, through over-the-air updates that add continuous game-changing improvements such as Full Self-Driving that has moved from a driver-assist feature to an increasingly capable autonomous system. For many Tesla owners, leaving the brand means starting over with a car that will not get meaningfully better over time, and that is a trade-off fewer and fewer are willing to make.

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Tesla Robotaxi service in Austin achieves monumental new accomplishment

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Credit: Tesla

Tesla Robotaxi services in Austin have been operating since last Summer, but Tesla has admittedly been delayed in its expansion of the geofence, fleet size, and other details in a bid to prioritize safety as new technology rolls out.

But those barriers are being broken with new guardrails being removed from the program.

Tesla has achieved a significant advancement in its autonomous ride-hailing program. As of May 4, the Robotaxi fleet in Austin, Texas, has begun operating unsupervised during evening hours for the first time. This expansion moves beyond previous limitations that restricted unsupervised service to daylight hours, typically ending in mid-afternoon.

The change brings Austin in line with operations in Dallas and Houston. Those cities have supported evening unsupervised runs since their initial launches in April, and both recently received additions of new unsupervised vehicles to their fleets. This coordinated progress across Texas strengthens Tesla’s regional presence and provides a broader testing ground for the technology.

This milestone carries substantial weight in the development of autonomous vehicles. Extending operations into low-light conditions meaningfully expands the Robotaxi’s operational design domain (ODD)—the specific environments and scenarios in which the system is approved to operate safely without human intervention.

Nighttime driving presents unique technical demands: diminished visibility, headlight glare from oncoming traffic, reduced contrast for identifying pedestrians and lane markings, and greater variability in camera sensor exposure.

Tesla Cybercab just rolled through Miami inside a glass box

Tesla’s pure vision approach, powered by neural networks trained on vast real-world datasets rather than lidar or pre-mapped routes, must handle these variables reliably. Demonstrating consistent unsupervised performance after sunset validates the robustness of the end-to-end AI stack and its ability to generalize across diverse lighting conditions.

Beyond technical validation, the expansion holds important operational and economic implications. Evening hours often coincide with peak urban demand for rides, including commutes, dining, and entertainment outings.

Enabling service during these periods increases daily vehicle utilization, allowing each Robotaxi to generate more revenue while gathering additional high-value training data. Higher utilization accelerates the virtuous cycle of data collection, model improvement, and further ODD growth.

Looking ahead, this step paves the way for more ambitious rollouts. Success in low-light environments positions Tesla to pursue near-24-hour operations, potentially integrating highways and expanding into varied weather patterns. Regulators worldwide frequently demand evidence of safe performance across day-night cycles before granting wider approvals.

Proven capability in Texas could expedite deployments in planned cities such as Phoenix, Miami, Orlando, Tampa, and Las Vegas during the first half of 2026.

Tesla confirms Robotaxi expansion plans with new cities and aggressive timeline

Moreover, scaling evening service supports Tesla’s long-term vision of a high-efficiency robotaxi network. Greater fleet productivity lowers the cost per mile, making autonomous mobility more accessible and competitive against traditional ride-hailing.

As the company iterates on software updates informed by nighttime data, reliability is expected to compound rapidly, unlocking denser urban coverage and longer-distance trips.

In summary, the introduction of an unsupervised evening Robotaxi service in Austin represents more than an incremental schedule adjustment. It signals a critical maturation of the underlying technology and sets the foundation for broader geographic and temporal expansion.

With Texas operations gaining momentum, Tesla is steadily advancing toward transforming urban transportation at scale.

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Tesla Cybercab just rolled through Miami inside a glass box

Tesla paraded a Cybercab in a glass display at Miami’s F1 Grand Prix event this week.

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Tesla Cybercab at the Miami F1 Fan Fest 2026: Credit: TESLARATI

Tesla set up an “Autonomy Pop-Up” at Lummus Park in Miami Beach from April 29 through May 3, 2026, embedded within the official F1 Miami Grand Prix Fan Fest.  The centerpiece was a Cybertruck towing the Cybercab inside a glass display case marked “Future is Autonomous,” rolling through the beachfront crowd.

Miami is on Tesla’s confirmed list of cities for robotaxi expansion in the first half of 2026, making the promotion a strategic promotion that lays groundwork in a target market.

This was not Tesla’s first time using Miami as a showcase city. In December 2025, Tesla hosted “The Future of Autonomy Visualized” at its Miami Design District showroom, coinciding with Art Basel Miami Beach. That event featured the Cybercab prototype and Optimus robots interacting with attendees. The F1 pop-up this week marks Tesla’s return to Miami and follows a pattern Tesla has been running since early 2026. Just two weeks before Miami, Tesla stationed Optimus at the Tesla Boston Boylston Street showroom on April 19 and 20, directly on the final stretch of the Boston Marathon, letting tens of thousands of runners and spectators meet the robot for free, generating massive earned media at zero advertising cost.

Tesla is sending its humanoid Optimus robot to the Boston Marathon

Tesla has confirmed plans to expand its robotaxi service to seven cities in the first half of 2026, including Dallas, Houston, Phoenix, Miami, Orlando, Tampa, and Las Vegas, building on the unsupervised service already running in Austin. Musk has said he expects robotaxis to cover between a quarter and half of the United States by end of year. On the production side, Musk told shareholders that the Cybercab manufacturing process could eventually produce up to 5 million vehicles per year, targeting a cycle time of one unit every ten seconds. Scaling robotaxis to 10 million operational units over the next ten years is a key condition of his compensation package, alongside selling 20 million passenger vehicles.

As for the Cybercab’s price, Musk has said buyers will be able to purchase one for under $30,000, with an average operating cost around $0.20 per mile. Whether those numbers hold through full production remains to be seen.

Cybercab at F1 Fan Fest in Miami
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