Fox News senior judicial analyst Judge Andrew Napolitano disagreed with President Trump’s claim to have “total” authority over reopening states after the coronavirus pandemic and explained that governors hold that power.
During Monday’s White House press briefing, the president said his “authority is total” when it comes to reopening the country. His comments came after regional governors began announcing their plans to work collaboratively to reopen their school systems and economies as they see fit.
Napolitano countered Trump’s point, arguing, “In terms of the actual power, for example, to reopen Broadway theaters, to reopen stadiums, to reopen restaurants, to reopen other parts of the economy that have been shut down, it is the governors who have shut them down. And it is the governors who will make the decision to open it up.”
However, the legal analyst did note that Congress and the president can offer incentives to encourage governors to do what they want. Napolitano also discussed concerns about government overreach that many have felt amid authoritarian measures, including restrictions on church gatherings on Easter Sunday.
“We are witnessing the slow death of civil liberties in the name of public safety,” he added. “I think that some of the governors have the authority to regulate for health, safety, and welfare have taken too much of that authority and have taken too much civil liberty away from us.”
The president, during his combative press conference, argued that the governors have to turn to him to open the country.
“The president of the United States has the authority to do what the president has the authority to do, which is very powerful. The president of the United States calls the shots,” Trump said. “If we weren’t here for the states, you would’ve had a problem in this country like you’ve never seen before.”
