Reality Check: Can Trump force states to re-open?published at 16:38 British Summer Time 14 April 2020
Reality Check
At his daily coronavirus briefing on Monday, President Trump said he had the “total” authority to lift lockdown measures.
But state governors have hit back saying it is their own responsibility, and many experts say any such action by the president would be unconstitutional.Trump didn’t shut down the country - he provided guidelines, but state governors imposed specific restrictions which vary from state to state.Trump said he would produce a legal briefing to back up his claims, but American legal analyst Elie Honig says: “There is nothing in the constitution or federal law that gives him the legal ability to essentially un-quarantine a state.”Under the 10th Amendment to the US Constitution, the states have the power to police their territory and not the federal government. The authority to require businesses to close during a public health crisis is a police power, as outlined by the Centers for Disease Control and Prevention, external, and therefore lies with the states.
It is hard to say for certain what the courts would decide if Trump wanted to challenge state restrictions as there is no clear precedent, but experts agree that there is no formal legal authority to override the state orders currently in place.