The Defense Production Act in the COVID Era

The Biden administration announced plans to invoke the broad powers under the Defense Production Act to combat the COVID-19 pandemic and aggressively boost vaccine production and distribution. Passed in 1950, the Defense Production Act authorizes the President to require businesses to prioritize government contracts and to create financial incentives to expand domestic output of goods deemed necessary for national defense. Professor Deborah Pearlstein of Cardozo Law School explains the origins and mechanics of the law, how the Act can be implemented to fight the pandemic, and examines its use and potential use under the past and current administrations.