Florida Gov. Ron DeSantis asked whether former President Trump was running to get back at his poltical enemies or ensure a brighter future for Americans.

I didn’t vote for Trump in 2016. I didn’t vote.

In 2020 I voted for Trump because knew Biden would be bad. He has done better than I expected but the inflation is killing me and the focus on the wrong thing isn’t helping.

Early on I was a De Santis fan but my interest has waned as he has taken hard stances on things that need compromise.

  • crashfrog@lemm.ee
    3·
    1 year ago

    No where in that law is authority taken away from the state’s.

    I didn’t say that it does. What it does is grant overriding authority to the Secretary take whatever actions are in the interests of public health under the condition that there’s a public health emergency. States retain their authority but the Federal government has superseding authority because it’s the Federal government.

    Where does that law give federal government authority to take control from the states?

    It’s in the exact part you quoted - “the Secretary may take such actions to implement” a plan of control of any disease or condition, or to end any public health emergency or problem.

      • crashfrog@lemm.ee
        2·
        1 year ago

        No where in the law is the secretary granted authority to take whatever actions are in the interest of public health.

        It feels like you’re missing a pretty important predicate, and as a result you’re totally misrepresenting what I just said. Go back and read it again - a public health emergency is a particular thing and justifies more legal authority than is normally allowed.

        You forgot the 2nd half which limits those plans and actions to personal, equipment, and medical supplies under the jurisdiction of the secretary.

        Well, yes. The Secretary can tell people what to do and the Secretary can access necessary resources. That’s more or less totally comprehensive of the scope of government power - distribute things and give orders. Were it possible to wave a magic wand and have disease disappear, that power would be enumerated for the Secretary during a public health emergency too.

        State hospitals, private hospitals, and their employees do not fall under the jurisdiction of the secretary of HHS.

        The text of the law you quoted brings them under the authority of HHS in a state of public health emergency.

          • crashfrog@lemm.ee
            3·
            1 year ago

            There is nothing in that law that gives federal authority to take control from the states

            Technically the government isn’t “taking control from the states” when it uses its superior authority in a public health emergency; the states are still in control, they’re just being directed by the Federal government. They don’t lose authority; it just becomes subordinate to Federal authority. That’s what’s authorized by USC 42 § 243.

            The law you cited says HHS secretary can tell HHS employees what to do, and access HHS resources.

            No, it’s not so limited.

            Could you provide the text where it says that?

            You already have. I can’t make you read it, though.

              • Neuromancer@lemm.eeOPM
                24·
                1 year ago

                I’ve read USC 42 § 243 multiple times, I honestly don’t see which part of USC 42 § 243 grants HHS authority to direct/control the states response.

                It gives them the power to advise and give states help if asked.

                Otherwise, we wouldn’t have had 50 different plans for COVID. The federal government would have enforced one plan but as I cited previously, even Biden admits that isn’t a power the federal government has.

                  • Neuromancer@lemm.eeOPM
                    24·
                    1 year ago

                    That section is mainly about borders where the federal government has jurisdiction. It’s explained in the link I sent him.

                    I think he believes if he repeats it enough, says he’s an expert, we will all say oh ok.

                    I am not an expert but I’ve been briefed as part of my duties.

                    It’s possible he’s confusing advise with authority.