Objectively intelligent.

[Adder]

Originally Posted by Tyrone Slothrop

Kelo was about whether the government could seize the land. Here, suppose that there's no question that the government can get the respirators. The question to me is how it's legit for the government to be giving them to private parties. To put it a different way, why would private parties make money here? Only if the federal government is giving them to private parties at sub-market prices. If there were an open bidding process, that wouldn't happen, because the states would buy them directly instead of getting them from the private parties.

eta: Like suppose that after Kelo's house was seized, the City of New London sold the land in a sweetheart deal to a politically connected developer, when other developers were standing there with their checkbooks open, ready to bid.

Isn't Less saying that giving it to a private company to resell is not a public purpose (ala Kelo) and thus the initial taking was unconstitutional?