# Could RFK Jr. Really Become HHS Secretary? {Yes, he did}

**URL:** <https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451>\
**Category:** Politics & Elections\
**Created:** [October 30, 2024, 4:19pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451 "2024-10-30T16:19:12Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [October 31, 2024, 6:27pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/61 "2024-10-31T18:27:26Z")

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I think RFK’s phrasing of the purview of HHS was actually accurate, though:

> **[United States Department of Health and Human Services](https://en.wikipedia.org/wiki/United_States_Department_of_Health_and_Human_Services)**
>
> The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of the U.S. people and providing essential human services. Its motto is "Improving the health, safety, and well-being of America". Before the separate federal Department of Education was created in 1979, it was called the Department of Health, Education, and Welfare (HEW).
> HHS is administered by the secretary of Health and H...

> [@](#):
>
> U.S. Public Health Service  
> Within HHS is a collection of agencies and offices that fall under the Public Health Service [snip]:
> 
> - Office of the Assistant Secretary for Health (OASH) and the U.S. Surgeon General
> - Office of Global Affairs
> 
> The subordinate operating agencies under the Public Health Service:
> 
> - National Institutes of Health (NIH)
> - Centers for Disease Control and Prevention (CDC)
> - Indian Health Service (IHS)
> - Food and Drug Administration (FDA)
> - Agency for Toxic Substances and Disease Registry (ATSDR)
> - Health Resources and Services Administration (HRSA)
> - Agency for Healthcare Research and Quality (AHRQ)
> - Substance Abuse and Mental Health Services Administration (SAMHSA)
> - Administration for Strategic Preparedness and Response (ASPR)
> - Advanced Research Projects Agency for Health (ARPA-H)

Throw in the

> [@Nutjob from famous family (not Dewey\_Finn)](#):
>
> {…} also the USDA {…}

And you’re pretty much there.

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**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\
**Post date:** [October 31, 2024, 6:31pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/62 "2024-10-31T18:31:22Z")

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> [@Atamasama](#):
>
> So really, if Trump is elected and does want to appoint RFK Jr to his cabinet, and he has a Senate majority that will go along, it will happen.

Even if he doesn’t have the Senate I suppose he’d make RFK Jr the permanent “acting” director.

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [October 31, 2024, 6:33pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/63 "2024-10-31T18:33:32Z")

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Perhaps appointing such an obviously unqualified person to run such an important government department is how Trump will finally “drain the swamp”? Because I can well imagine many career staffers quitting in disgust.

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [October 31, 2024, 6:37pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/64 "2024-10-31T18:37:38Z")

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It’s worth remembering: that’s a (‘F’ is for) feature, not a bug:

> **[Trump’s Schedule F plan, explained](https://protectdemocracy.org/work/trumps-schedule-f-plan-explained/)**
>
> In October 2020, the Trump Administration issued an executive order called Schedule F that would have stripped protections from civil servants perceived as disloyal.

> [@](#):
>
> Because Trump did not remain in office, it is unknown how many federal employees his administration would have swept into Schedule F, or how many would have been fired and replaced. Experts have put the possible numbers in the tens or hundreds of thousands. The Trump official credited with the idea to create Schedule F estimated that it could apply to as many as 50,000 federal workers. Some Trump allies told Axios it would not be necessary to fire that many workers because firing fewer would produce the desired “behavior change.”
> 
> Other former Trump officials’ comments and actions led one professor who studies public administration to conclude that the 50,000 figure “is probably a floor rather than a ceiling.”

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**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\
**Post date:** [October 31, 2024, 6:40pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/65 "2024-10-31T18:40:21Z")

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> [@Dewey\_Finn](#):
>
> Because I can well imagine many career staffers quitting in disgust.

I’m not sure that will be a factor.

A lot of these people will take “serving the public” seriously, and recognize that just up and leaving the department entirely in the hands of the crazies will be an unmitigated disaster.

A lot will also not be willing to blow up their own lives by quitting. Trump has vowed to purge the government anyways, so anyone quitting is likely to be facing a job market saturated by other ex-government employees. Better to wait to be fired, which would take a bit longer, and might give you an exit compensation package.

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [October 31, 2024, 6:41pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/66 "2024-10-31T18:41:17Z")

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> [@Atamasama](#):
>
> As for it being unconstitutional, I’m curious why that hasn’t come up before. Especially when Bill Clinton appointed his wife to a health task force, and when Donald Trump appointed his daughter and son-in-law to roles as senior advisors in his staff.

Were any of those positions in an agency?

> (a) For the purpose of this section—
> 
> (1) “[agency](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=5-USC-1419699195-1640821360&term_occur=999&term_src=title:5:part:III:subpart:B:chapter:31:subchapter:I:section:3110)” means—
> 
> (A) an Executive [agency](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=5-USC-1419699195-1640821360&term_occur=999&term_src=title:5:part:III:subpart:B:chapter:31:subchapter:I:section:3110);
> 
> (B) an office, [agency](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=5-USC-1419699195-1640821360&term_occur=999&term_src=title:5:part:III:subpart:B:chapter:31:subchapter:I:section:3110), or other establishment in the legislative branch;
> 
> (C) an office, [agency](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=5-USC-1419699195-1640821360&term_occur=999&term_src=title:5:part:III:subpart:B:chapter:31:subchapter:I:section:3110), or other establishment in the judicial branch; and
> 
> (D) the government of the District of Columbia;

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<div class="post-metadata">

**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [October 31, 2024, 6:41pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/67 "2024-10-31T18:41:34Z")

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> [@Horatius](#):
>
> {…} and might give you an exit compensation package.

Please see [**Mr. Elon Musk**](https://www.newsnationnow.com/politics/2024-election/elon-musk-2-trillion-federal-spending-plan/) on your way out the door. He’ll have your check for you 😉

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [October 31, 2024, 6:42pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/68 "2024-10-31T18:42:43Z")

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> [@ratatoskK](#):
>
> Even if he doesn’t have the Senate I suppose he’d make RFK Jr the permanent “acting” director.

He can’t. There is a 210 day cap, and as far as I can tell it can’t be a newly-appointed person; they have to be someone already in the department filling the role of their absent superior.

> **[03%20Vacancies%20Act.pdf](https://www.acus.gov/sites/default/files/documents/03%20Vacancies%20Act.pdf)**
>
> 132.08 KB

> **[5 U.S. Code § 3345 - Acting officer](https://www.law.cornell.edu/uscode/text/5/3345)**

When Trump was filling cabinet vacancies, he was filling previously-filled positions that had become vacant by appointing someone already in that department. He wasn’t picking people off the street to fill an “acting” position, because the law doesn’t let him do that.

> [@Dewey\_Finn](#):
>
> Perhaps appointing such an obviously unqualified person to run such an important government department is how Trump will finally “drain the swamp”?

It’s nothing new, he appointed Scott Pruitt as head of the EPA. Pruitt had spent years trying to hinder the EPA as an anti-environmental activist, and that’s who Trump put in charge of the agency. Appointing RFK Jr to head HHS is just more of the same, really.

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**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\
**Post date:** [October 31, 2024, 6:44pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/69 "2024-10-31T18:44:24Z")

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> [@DavidNRockies](#):
>
> Please see Mr. Elon Musk on your way out the door. He’ll have your check for you

Hey, 50k employees, times, say, $500k each, only $25 billion, he can afford it. That’s what, about 56% of what he wasted on Twitter?

If he really believed that getting rid of that many government employees will really turn the country around, he’d be a traitor not to buy them all out.

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**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\
**Post date:** [October 31, 2024, 6:49pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/70 "2024-10-31T18:49:03Z")

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> [@Saint\_Cad](#):
>
> Were any of those positions in an agency?

That’s why they were ultimately permitted, at least I assume that was part of it. But it wasn’t initially obvious in either case that the appointments wouldn’t run afoul of the law.

[https://constitutioncenter.org/blog/kushners-appointment-brings-attention-to-anti-nepotism-law](https://constitutioncenter.org/blog/kushners-appointment-brings-attention-to-anti-nepotism-law)

> One potential conflict is related to a 1967 statute called the Federal Anti-Nepotism Statute. The law, known as Section 3110, was passed as part of a Postal Service reform law, and it states that an executive agency official can’t appoint relatives, including sons, daughters and sons-in law, to “a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control.”
> 
> There has been considerable debate about Kushner, or another Trump family member, serving in an official White House role and how that relates to the statute.
> 
> A similar controversy also took place in the 1990s when President Bill Clinton asked Hillary Clinton to lead a health-care task force that held closed-door meetings. In a 1993 lawsuit, a federal judge ruled that some of the Clinton task-force meetings needed to be held in public, but he also rejected the argument that the First Lady was a “government employee.”

That blog post notes that there are some legal scholars who, like others in this thread, believe that the law shouldn’t apply to presidential appointees of any kind. But clearly others disagree, and for many decades it hasn’t been challenged.

And I’ll also add:

> Two recent White House ethics counsels, Richard Painter and Norman Eisen, also believe an appointment such as Kushner’s would violate the Anti-Nepotism Statute.

Again, this isn’t an obvious issue where of course it wouldn’t apply. There is a considerable amount of legal debate over it. Ultimately, both Hillary Clinton and Jared Kushner were able to serve in the roles that they were appointed to, and the justification as given is that the law doesn’t apply to White House positions specifically.

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**Author:** ![griffin1977](https://avatars.discourse-cdn.com/v4/letter/g/977dab/32.png) [@griffin1977](https://boards.straightdope.com/u/griffin1977)\
**Post date:** [October 31, 2024, 6:52pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/71 "2024-10-31T18:52:59Z")

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> [@RickJay](#):
>
> Kennedy has been sucking off Trump for some time now to an extent that’s impressive even by Trumpist standards; only Vivek Ramaswamy is a more shameless example. So Kennedy would likely get the job

True but he is also not beholden to Trump. He will always have access to political power by virtue of his last name. So I would still say he will likely not get a look in

Still it’s all pretty academic. RFK and Musk are the most spectacularly unqualified, hideously inappropriate cabinet picks imaginable but they would not be close to being the worst people in the administration if Trump wins on Tuesday.

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [October 31, 2024, 6:56pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/72 "2024-10-31T18:56:47Z")

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Some of you act as though a good kakistocracy builds _itself._

Far from it, I would argue.

> **[Kakistocracy](https://en.wikipedia.org/wiki/Kakistocracy)**
>
> A kakistocracy (/kækɪˈstɒkrəsi/, /kækɪsˈtɒ-/) is a government run by the worst, least qualified, or most unscrupulous citizens.: 54  The word was coined as early as the seventeenth century. Peter Bowler has noted in his book that there is no word for the government run by the best citizens,\[a\] and that the aristarchy may be the right term, but still, it could conceivably be a kakistocracy disguised as an aristocracy.\[a\]
> The word is derived from two Greek words, kakistos (κάκιστος; worst) and kr...

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**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\
**Post date:** [November 14, 2024, 9:15pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/73 "2024-11-14T21:15:22Z")

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The likelihood of an RFK, Jr. Secy-HHS thing seems to be increasing … rather precipitously:

> **[Trump picks Robert F. Kennedy Jr. to be his next secretary of the Department...](https://www.cnn.com/2024/11/14/politics/robert-f-kennedy-donald-trump-hhs/index.html)**
>
> President-elect Donald Trump has picked Robert F. Kennedy Jr. to be his next secretary of the Department of Health and Human Services, a source familiar with the move told CNN, a choice that would add to Trump’s list of provocative picks whose...

ETA: Annnnnnd, it’s official (Trump \> Truth Social)

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**Author:** ![FinsToTheLeft](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/finstotheleft/32/2930_2.png) [@FinsToTheLeft](https://boards.straightdope.com/u/FinsToTheLeft)\
**Post date:** [November 14, 2024, 9:50pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/74 "2024-11-14T21:50:27Z")

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> [@DavidNRockies](#):
>
> The likelihood of an RFK, Jr. Secy-HHS thing seems to be increasing

Well, it’s been nice knowing you America. I think we may need to start requiring measles and polio vaccine proof for American visitors to Canada in a few years.

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**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\
**Post date:** [November 14, 2024, 10:19pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/75 "2024-11-14T22:19:01Z")

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You’ll need to administer the vax’s right there at the border. The old USA was allergic to any sort of tamper-resistant records, and the new USA will be even moreso.

No credential any Brave New American might present at your border won’t be worth the paper/bits it’s printed on/with.

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**Author:** ![FinsToTheLeft](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/finstotheleft/32/2930_2.png) [@FinsToTheLeft](https://boards.straightdope.com/u/FinsToTheLeft)\
**Post date:** [November 14, 2024, 10:21pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/76 "2024-11-14T22:21:30Z")

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> [@LSLGuy](#):
>
> No credential any Brave New American might present at your border won’t be worth the paper/bits it’s printed on/with.

If they are signed with the trustworthy signature of Matt Gaetz we wil **have** to accept it. As long as they are under 18…

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**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\
**Post date:** [November 14, 2024, 10:28pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/77 "2024-11-14T22:28:13Z")

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On the other hand, this might be an excellent time to invest in American companies that make raw milk, dental amalgams and antihelminthics.

If I had had a brain parasite, I might feel the same way that Kennedy does??

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**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\
**Post date:** [November 14, 2024, 10:29pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/78 "2024-11-14T22:29:12Z")

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> [@FinsToTheLeft](#):
>
> Well, it’s been nice knowing you America. I think we may need to start requiring measles and polio vaccine proof for American visitors to Canada in a few years.

Vaccine uptake won’t change much in the short term.

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<div class="post-metadata">

**Author:** ![Dr\_Paprika](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dr_paprika/32/3042_2.png) [@Dr\_Paprika](https://boards.straightdope.com/u/Dr_Paprika)\
**Post date:** [November 14, 2024, 10:30pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/79 "2024-11-14T22:30:13Z")

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A Canadian view…

> **[Trump selects Robert F. Kennedy Jr. to lead Department of Health and Human...](https://www.theglobeandmail.com/world/article-trump-selects-robert-f-kennedy-jr-to-lead-department-of-health-and/)**
>
> Kennedy ran for president in this year’s election as an independent before dropping out and endorsing Trump in exchange for a role in the Republican’s administration

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<div class="post-metadata">

**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [November 14, 2024, 8:09pm UTC](https://boards.straightdope.com/t/could-rfk-jr-really-become-hhs-secretary-yes-he-did/1009451/80 "2024-11-14T20:09:05Z")

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Since the presidential campaign-related one is now closed: [RFK Jr Files to Run for President (Dropped Out on August 23, 2024) - #942 by dtilque](https://boards.straightdope.com/t/rfk-jr-files-to-run-for-president-dropped-out-on-august-23-2024/982260/942)

Birds of a feather: [https://www.politico.com/live-updates/2024/11/14/congress/republican-lawmakers-are-taking-rfk-jr-seriously-00189599](https://www.politico.com/live-updates/2024/11/14/congress/republican-lawmakers-are-taking-rfk-jr-seriously-00189599)

“RFK Jr. has big asks of Washington. Republican lawmakers say they’re open.”

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