U.S. governors push back on Trump's claim he has 'total' authority to reopen economy
Constitution gives public health, safety duties primarily to state and local officials
U.S. President Donald Trump claimed the authority Monday to decide how and when to reopen the economy after weeks of tough social distancing guidelines aimed at fighting the new coronavirus. But governors from both parties were quick to push back, noting they have the primary constitutional responsibility for ensuring public safety in their states and would decide when it's safe to begin a return to normal operations.
Democratic leaders in the Northeast and along the West Coast announced separate state compacts to co-ordinate their efforts to scale back stay-at-home orders or reopen businesses on their own timetables, even as Trump tried to say it's his call.
"When somebody is president of the United States, the authority is total," Trump said at Monday's White House coronavirus briefing. "The governors know that."
But he offered no specifics about the source of his authority or his plan to reopen the economy.
Anxious to put the twin public health and economic crises behind him, Trump has backed federal social distancing recommendations that expire at the end of the month. But it has been governors and local leaders who have instituted mandatory restrictions, including shuttering schools and closing non-essential businesses.
Any plan to reopen society MUST be driven by data and experts, not opinion and politics.<br><br>We will learn from the warning signs from other countries.<br><br>We will take every precaution.<br><br>We will work together as a region.—@NYGovCuomo
Taking to Twitter, Trump wrote that some are "saying that it is the Governors decision to open up the states, not that of the President of the United States & the Federal Government. Let it be fully understood that this is incorrect ... it is the decision of the President, and for many good reasons."
Trump can use his bully pulpit to pressure states to act or threaten them with consequences, but the Constitution gives public health and safety responsibilities primarily to state and local officials.
'The house is still on fire'
Meanwhile, the president's guidelines have little force. Governors and local leaders have issued orders that carry fines or other penalties, and in some jurisdictions extend out into the early summer.
"All of these executive orders are state executive orders and so therefore it would be up to the state and the governor to undo a lot of that," New Hampshire Republican Gov. Chris Sununu said on CNN.
Pennsylvania Gov. Tom Wolf, a Democrat, told reporters on a conference call that until people are healthy, reopening the economy's "not going to work."
"Seeing how we had the responsibility for closing the state down, I think we probably have the primary responsibility for opening it up," he added.
Wolf joined governors in New York, New Jersey, Connecticut, Delaware and Rhode Island in agreeing to co-ordinate their actions. The governors of California, Oregon and Washington announced a similar pact. While each state is building its own plan, the three West Coast states have agreed to a framework saying they will work together, put their residents' health first and let science guide their decisions.
New Jersey Gov. Phil Murphy stressed the efforts would take time.
"The house is still on fire," he said on a conference call with reporters. "We still have to put the fire out, but we do have to begin putting in the pieces of the puzzle that we know we're going to need ... to make sure this doesn't reignite."
Though Trump abandoned his goal of rolling back social distancing guidelines by Sunday, he has been itching to reopen an economy that has dramatically contracted as businesses have shuttered, leaving millions of people out of work and struggling to obtain basic commodities. The closure has also undermined Trump's reelection message, which hinged on a booming economy.
Trump's claim that he could force governors to reopen their states represents a dramatic shift in tone. For weeks now, Trump has argued that states, not the federal government, should lead the response to the crisis. And he has refused to publicly pressure states to enact stay-at-home restrictions, citing his belief in local control of government.
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While Trump can use his daily White House briefings and Twitter account to try to shape public opinion and pressure governors to bend to his will, "there are real limits on the president and the federal government when it comes to domestic affairs," John Yoo, a University of California at Berkeley law school professor, said on a recent Federalist Society conference call.
"The government doesn't get opened up via Twitter. It gets opened up at the state level," Michigan Gov. Gretchen Whitmer, a Democrat, said.
Mississippi Republican Gov. Tate Reeves, a supporter of Trump, said the question of when to lift restrictions would be "a joint effort" between Washington and the states.
Trump says won't fire Fauci
Talk about how and when to reboot the nation's economy has come as Trump has bristled at criticism that he was slow to respond to the virus and that lives could have been saved had social distancing recommendations been put in place sooner.
Trump acted on March 16 to recommend nationwide social distancing measures to slow the spread of the virus, but had spent much of February and early March suggesting the outbreak was well under control and would swiftly pass.
His administration also waited until March to make widespread purchases of protective supplies and needed ventilators. Those were critical days that experts and even some administration officials acknowledged represented a missed opportunity to get ahead of the virus.
Trump defended the pace of his response, saying he couldn't have issued guidelines that would have had dire economic consequences until the virus began spreading rapidly in the U.S.
"We did the right thing and our timing was very good," Trump said. The pandemic has infected more than 680,000 and killed more than 23,500 in the U.S.
The president sought to persuade the public to look past his comments playing down the threat of the virus and to dismiss comments, including those by Fauci, that more could have been done. He also said he had no plans to fire Fauci.
On Sunday, Fauci was asked if the U.S. could have saved lives by acting sooner. He responded that "obviously, you could logically say that if you had a process that was ongoing and you started mitigation earlier, you could have saved lives. Obviously, no one is going to deny that. But what goes into those kinds of decisions is complicated."
Trump responded by reposting a tweet that referenced Fauci's comments and included the line "Time to #FireFauci," raising alarms that Trump might consider ousting the doctor. Fauci, 79, has served in both Democratic and Republican administrations and has emerged as one of the most recognizable and trusted faces of the federal government's response.
Fauci said Monday that Trump followed his recommendations to contain the spread of the coronavirus and that the two men were on the same page. He sought to clarify his previous comments, saying that "hypothetical questions sometimes can get you into some difficulty" and that he did not intend to imply "maybe somehow something was at fault here."
Fauci said he and Dr. Deborah Birx, who is leading the White House coronavirus response, went to the president twice to discuss strong social distancing guidelines that have led to a dramatic economic shutdown. He said Trump gave his assent both times.
Fauci said that when he and Birx recommended that the country needed another 30 days of social distancing after the initial 15 days, "Obviously, there were people who had a problem with that because of the potential secondary effects. Nonetheless, at that time, the president went with the health recommendation."
Trump has complained to aides and confidants about Fauci's positive media attention and his willingness to contradict the president in interviews and from the briefing room stage, according to two Republicans close to the White House. They spoke on condition of anonymity because they were not authorized to discuss internal conversations.
Trump has told aides that he knows blowback to removing Fauci would be fierce and that — at least for now — he is stuck with the doctor. He has, on more than one occasion, however, urged that Fauci be left out of task force briefings or have his speaking role curtailed, according to the Republicans.