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SpaceX sticks with lawsuit over launch competition

Update: A federal district judge in California ruled against SpaceX and ordered its case against the Air Force to be vacated. The order was issued under seal on Sept. 24, but an Oct. 2 filing indicated that the court decided in the Air Force’s favor on all of SpaceX’s claims.

Previously: In August, SpaceX said it would keep pursuing its lawsuit against the federal government as well as its rivals in the launch industry, including Amazon CEO Jeff Bezos’ Blue Origin space venture, even though it’s been cleared for billions of dollars in contracts for national security space missions.

Both sides in the long-running dispute laid out their positions in a notice filed in U.S. District Court in Los Angeles on Aug. 14, a week after the U.S. Space Force announced that United Launch Alliance and SpaceX were the winners in a competition for future launches.

Leading up to that decision, the Air Force provided hundreds of millions of dollars in development funding for ULA as well as Blue Origin and Orbital Sciences Corp. (now part of Northrop Grumman). SpaceX was left out but protested the awards.

In the August filing, SpaceX said the funding gave ULA an “unwarranted advantage” and called for the Space Force’s Space and Missile Systems Center to “rectify” its errors, presumably by providing more funding for SpaceX.

Lawyers for the federal government and ULA said the competition for development funding was decided fairly. They said no rectification was warranted, especially considering that SpaceX proposed its Starship super-rocket for development funding but ended up offering a different launch vehicle  — a modified Falcon Heavy rocket — for the Space Force’s future heavy-lift launches.

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By Alan Boyle

Mastermind of Cosmic Log, contributor to GeekWire and Universe Today, author of "The Case for Pluto: How a Little Planet Made a Big Difference," past president of the Council for the Advancement of Science Writing.

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