-
Here is an open question that has occurred to me about the Defense Production Act and the power it gives Trump to “allocate,” e.g. theoretically tell a manufacturer of masks and ventilators to send them where the govt decides they are most needed. (1/3) nytimes.com/2020/03/20/us/politics/defense-production-act-virus.html
-
The DPA originally also came with the ability to impose price controls on a DPA product. If the price of masks and ventilators were fixed, the seller would not care who the buyer was. But Congress repealed the price and wage controls part of the DPA a long time ago. (2/3)
-
Question: Does allocation authority implicitly include the power to force a seller accept a lower price than some other bidder is willing to pay? Or did Congress inadvertently render allocation power a dead letter by repealing price control power? (3/3)