SpaceX was basically told that they’d lost this patent battle, but would win the war.
The best lines from the injunction against it.
“[T]here can be no doubt that the failure of the federal government to secure the borders is costing the states — even those not immediately on the border — millions of dollars in damages each year … [and] the federal government has effectively denied the states any means to protect themselves from these effects.”
Yup. Time for the 10th Amendment to be revived. Finally.
The FAA is taking the first step toward granting them (in a sense). It doesn’t say how big an exclusion zone would be provided. But this is unprecedented. I assume this topic will come up at the conference tomorrow or Thursday.
I’m quite sure I wouldn’t want any of these delicate flowers representing me in court.
Eugene Volokh discusses.