(03-24-2020, 12:38 PM)oldalum Wrote: Did I miss this, or how is the President going to "open up" the state- and locally imposed restrictions?
That's a good question.
The President's guidelines called for 15 days of moderate social distancing (social groups of no more than 10, working from home if possible, etc.). So far as I can tell, these guidelines are not binding on anyone. They are recommendations. https://www.whitehouse.gov/wp-content/up..._315PM.pdf
A number of states, counties, and cities have adopted mandatory requirements, such as "stay at home" orders in 17 states and counting.. These state and local requirements are legally binding, and many of them are more stringent than the President's guidelines.
The President obviously can change or rescind his own guidelines. But I have some doubt about whether the President, by means of an executive order, has the power to override state and local "stay at home" orders. I haven't done any legal research, but I think it's a serious question. Generally, public health and safety laws are considered the responsibility of the states, not the federal government. There's also a significant question of the limits of executive power in the absence of specific authorization by Congress.
I'm guessing that the President won't fight the legal battle over whether he has the power to reverse state and local "stay at home" orders. Rather, I think he will make it a public relations battle, not a legal battle. He will issue new, relaxed guidance, and he will try to rally public support for his more relaxed approach. He will press state and local officials to fall in line with his guidance. Some state and local officials probably will follow the President's lead. But other officials won't, particularly those who have serious outbreaks of the virus in their states. The President probably will pressure them, and he probably will try to blame them for tanking the economy. He may even try to financially coerce them by withholding federal aid. But I don't think he will try to legally override state and local requirements. Just my guess.
