![]() Nor did the President order sheltering in place he can exhort, but the orders come from state and local governments.” No federal statute gives the President such authority. The President has no authority to override such orders and order the country open. “States have the police power and the authority to quarantine. “Quarantine and stay-at-home orders are entirely the decision of the state governors,” he said. “President Trump is wrong as a matter of constitutional law,” Erwin Chemerinsky, dean of Berkeley Law at the University of California, told us via email. ![]() In a post for the Lawfare blog published on March 24, Chesney noted that the restrictions now in place “flow primarily from rules promulgated by state governors, county commissioners and mayors - not from the federal government.” “The president is *not* correct,” Robert Chesney, a professor of law and associate dean for academic affairs at the University of Texas School of Law, told us via email. But constitutional experts disagree with him. It’s unclear under what authority Trump is making his claim, and the White House did not clarify when we reached out to the press office. ![]() “The president of the United States calls the shots.” The president of the United States has the authority to do what the president has the authority to do, which is very powerful,” he said. Later in the day, at a press briefing, Trump reiterated that he has the “ultimate authority.” A decision by me, in conjunction with the Governors and input from others, will be made shortly! With that being said, the Administration and I are working closely with the Governors, and this will continue. ….It is the decision of the President, and for many good reasons. It is the decision of the President, and for many good reasons.” Let it be fully understood that this is incorrect…. Via Twitter on April 13, Trump criticized the “Fake News Media” for “saying that it is the Governors decision to open up the states, not that of the President of the United States & the Federal Government. Since then, several news reports have concluded that, constitutionally, those decisions would ultimately be made by state governors, not Trump. “Whatever messages that are coming out of Washington, we are going to make sure we take care of the needs of New Hampshire first,” Sununu, a Republican, said. ![]() Chris Sununu said his state would not oblige. Last month, when Trump said he wanted to have the country “open for business” by Easter on April 12, New Hampshire Gov. And we’ve begun looking at recovery options but we aren’t going to do anything until that peak occurs and we’re clear about not having hospitalizations and reducing the number of people that are positive every day in our surveillance and testing efforts.” Lujan Grisham said she welcomed “better national strategies,” but, she added, “I’m going to do whatever is right for New Mexico. “Everything we do is about protecting lives and first responders or health care workers.” “We’re going to make the decisions that safeguard New Mexicans,” Lujan Grisham said. Michelle Lujan Grisham said she’d make any decision about easing coronavirus-related restrictions in her state. ![]() For example, on CNN’s “State of the Union” on April 12, Democratic New Mexico Gov. Several governors, however, said they would be making those kinds of determinations for their states, not the president. But, he said, “ultimately, I have to make that decision.” On April 10, Trump said he would “love to open” the country by May 1 and that he is creating what he called an “Opening Our Country” task force, which will “play a role” in determining when businesses would be reopened. Constitutional experts say President Donald Trump is wrong that he, not governors, has the power to “open up the states” where businesses were closed or residents were ordered to stay at home as a result of the coronavirus pandemic. ![]()
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