Josh Hawley thinks the White House can force an aluminum plant to stay open

The act was also invoked during the baby formula shortage of 2022, as if a government-created problem could be solved by the White House simply demanding that more formula be brought into existence. That’s how economies work, right?

It might shock Hawley and some of his colleagues to learn that the Defense Production Act is not a set of magic words that allow presidents to do whatever they’d like. In fact, all the law does is require that businesses fulfill orders from the government before other orders from private customers.

That’s because it is a law meant to be used during wartime. Here’s how it works: Let’s say there’s a war going on and the U.S. military desperately needs 10,000 widgets to ensure victory, lasting peace, and blah blah blah. The Pentagon sends a guy to the widget factory in Albuquerque to request those 10,000 widgets, but the owner of the factory says the 10,000 widgets sitting on his lot have already been purchased by his friend Bob and that the government will have to wait until the factory can produce another 10,000 widgets—so come back in two weeks.

Ah, but wait! The president just signed an order invoking the Defense Production Act for widgets, so now the guy from the Pentagon gets to cut the line. He can buy those 10,000 widgets, and Bob has to wait for the next set to come off the assembly line.

That’s what the Defense Production Act allows. It can’t conjure up new solar panels or additional supplies of insulation out of thin air. It doesn’t allow the government to put a gun to anyone’s head and force them to make baby formula or to keep an aluminum smelter running.