Op-Ed: Trump doesn't have the authority to order the country back to work by Easter. Here's why (via latimesopinion)
r,” as he said on Tuesday, but he has no authority to order businesses to reopen or to override the decisions of state and local governments that they should remain closed to stop the spread of COVID-19.
We all hope that the health measures taken will have succeeded by then and that restrictions will no longer be necessary. But public health expertsthat the country will be able to resume normal activities that soon without risking an escalation in cases of the disease that could put the healthcare system at risk of collapse.
I expect at some point someone will challenge these restrictions, and I have no doubt the government will win. In a public health emergency, the government always has been granted the powers needed to stop the spread of a deadly communicable disease. Congress has power under the Constitution to regulate commerce among the states, and this has been extended to broadly allow the regulation of businesses, even intrastate businesses. In theory, Congress could adopt a law requiring businesses to close or to open as a regulation of commerce. If Congress, for example, adopted a law mandating that businesses open by Easter notwithstanding the coronavirus, that could preempt state and local regulations to the contrary.
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