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Society & Culture
Virtual Legality Episode 198

Lawyer: Can the President Force GM to make Ventilators? (DPA)

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1y Mar 30, 2020
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As the coronavirus (COVID-19) continues to make its way across the United States, governments at both the federal and state levels are invoking statutes rarely seen in public discourse.

The most recent? A little discussed act called the Defense Production Act of 1950 (the "DPA"), pursuant to which the President is given broad authority to force civilian contractors to provide materials to the federal government.

But as President Trump invokes the DPA to force General Motors (GM) to enter into a contract for the production of ventilators, the question becomes: "Does he have the authority to do that?".

And what does it mean to "promote the national defense", anyway?

Emergencies make strange bedfellows...in Virtual Legality.

#Coronavirus #Covid19 #DPA


Discussed in this episode:

"Trump invokes Defense Production Act to expand production of hospital masks and more"
CNN - March 18, 2020 - Maegan Vazquez
https://www.cnn.com/2020/03/18/politics/trump-defense-production-act-coronavirus/index.html

"Hey Hoeg, in light of Trump invoking the DPA for GM to produce ventilators..."
Tweet - March 28, 2020 - Joseph La Russa (@Joseph_La_Russa)
https://twitter.com/Joseph_La_Russa/status/1243992799311269889

"Trump uses Defense Production Act to require GM to make ventilators"
The Hill - March 27, 2020 - Brett Samuels
https://thehill.com/homenews/administration/489909-trump-uses-defense-production-act-to-require-gm-to-make-ventilators

"Statement from the President Regarding the Defense Production Act"
March 27, 2020
https://www.whitehouse.gov/briefings-statements/statement-president-regarding-defense-production-act/

"DEFENSE PRODUCTION"
50 USC Chapter 55
https://www.law.cornell.edu/uscode/text/50/chapter-55

"PRIORITIES AND ALLOCATIONS"
50 USC Subchapter I
https://www.law.cornell.edu/uscode/text/50/chapter-55/subchapter-I

"Priority in contracts and orders"
50 USC 4511
https://www.law.cornell.edu/uscode/text/50/4511

"EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY"
50 USC Subchapter II
https://www.law.cornell.edu/uscode/text/50/chapter-55/subchapter-II

"GENERAL PROVISIONS"
50 USC Subchapter III
https://www.law.cornell.edu/uscode/text/50/chapter-55/subchapter-III

"Definitions"
50 USC 4552
https://www.law.cornell.edu/uscode/text/50/4552

"Definitions"
42 USC 5195a
https://www.law.cornell.edu/uscode/text/42/5195a

"The Defense Production Act of 1950: History, Authorities, and Considerations for Congress"
Congressional Research Service Report - Updated March 2, 2020
https://fas.org/sgp/crs/natsec/R43767.pdf

US Constitution
Article 1, Section 8
https://www.law.cornell.edu/constitution/articlei

"General welfare clause"
Wikipedia Entry
https://en.wikipedia.org/wiki/General_welfare_clause

US Constitution
Article 2, Section 1 and Section 2
https://www.law.cornell.edu/constitution/articleii

"Youngstown Sheet & Tube Co. v. Sawyer"
343 US 579 (1952); Jackson Concurrence
https://www.law.cornell.edu/supremecourt/text/343/579#writing-USSC_CR_0343_0579_ZC2

"The Alarming Scope of the President’s Emergency Powers"
The Atlantic - January 2019 - Elizabeth Goitein
https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/

"List of national emergencies in the United States"
Wikipedia Entry
https://en.wikipedia.org/wiki/List_of_national_emergencies_in_the_United_States


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com

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The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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