Thanks as always to The Other McCain, Bacon Time, Whores and Ale and Pirate’s Cove for the Rule Five links. And thanks also to our pals at The Daley Gator for the weekly links mention. If all of these guys aren’t on your daily read list, they should be!
A recent story on the distribution of monoclonal antibodies for the Kung Flu included this gem:
Health and Human Services (HHS) Secretary Xavier Becerra recently took control of the distribution of life-saving monoclonal antibody (mAb) treatments for coronavirus. The department now has the authority to regulate the distribution and usage of the treatment in all 50 states and restrict states that are using what the government determines as more than the “fair share.”
The department now has the authority? Well, that’s an interesting assertion, but maybe some high-forehead type can take a look at this document and see wherein that authority is described.
Spoiler: It isn’t.
Now, maybe someone can square that circle in accordance with this, the Tenth Amendment to the document linked above?
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Spoiler: You can’t.
It’s long been popular in conservative and libertarian circles to point out the lack of constitutional authority for, well, most of what the Imperial City does these days. But boy howdy, it’s sure apparent now that with the advent of the Moo Goo Gai Panic, the mask has just been stripped off. Especially now, in the Biden(‘s handlers) Administration, they don’t even pretend to hide the grab for power.
It’s a fine pass we’ve come to. I’m damned if I can see a way back.