. . . The Fed’s choice to use its emergency lending authority under Section 13(3) of the Federal Reserve Act to forestall the banking crisis revealed the two-tiered system under which we operate. Whose emergencies count at the Fed? “Often when the Fed says it cannot do something, what it really means is that it does not want to … Laws can be stretched,” The New York Times’ Jeanna Smialek writes in her recent book on the Fed’s COVID crisis response about its resistance to supporting states and municipalities.