Comment on What SpaceX will need to prove to win its lawsuit against a California commission

What SpaceX will need to prove to win its lawsuit against a California commission

Elon Musk has filed suit against the California Coastal Commission.Jean Catuffe/Getty ImagesSpaceX has sued the California Coastal Commission.Commissioners publicly criticized Elon Musk's politics and denied more frequent SpaceX flights.Experts said SpaceX needs to prove the launches would have been approved if not for Musk's politics.Elon Musk made good Tuesday on an earlier vow to sue the California Coastal Commission — and the billionaire CEO's company will have to prove bias to win the case.In the lawsuit, filed in the US District Court for the Central District of California, Musk's SpaceX accuses the commission of "unconstitutional overreach" after members criticized his political leanings during a meeting about whether to approve more frequent SpaceX launches off the California coastline."Rarely has a government agency made so clear that it was exceeding its authorized mandate to punish a company for the political views and statements of its largest shareholder and CEO," the lawsuit says.The company accuses the commission of unfairly asserting regulatory powers because it disagreed with Musk's politics.The California Coastal Commission, which regulates the use of land and water in the state's coastal zone, "has engaged in naked political discrimination" against SpaceX, the lawsuit alleges.SpaceX says the commission's decision is in violation of the First and 14th Amendments."Thankfully, the fundamental rights of free speech and due process enshrined in our Constitution prohibit precisely this kind of political witch hunting and abuse of power by rogue state agency officials," the lawsuit says.Last week, the commission denied a request by the US Space Force to increase the number of annual Falcon 9 rocket launches from 36 to 50 at the Vandenberg Space Force Base.In a 6-4 vote, the commission said SpaceX, as a private company, was not exempt from obtaining a permit, even though it works closely with the government.While Musk's politics weren't referenced in the decision, they were discussed during a public meeting by commission members.

 

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