While President Trump has backpedaled from claims that the Executive Branch holds the authority to retract the shelter-at-home and quarantine orders enacted amid the COVID-19 pandemic, LPHS partner David Coale explains what the constitution allows to WBAP News Talk Radio in “Who Determines States’ Re-openings.”
“We had a revolution to get rid of an absolute monarch in the form of the King of England, it was replaced by the Constitution, which has separation of powers among three branches of government, and the president has great authority in the areas where he can act. This is not one of those areas.”
Mr. Coale was also quoted in the Dallas Morning News on the same matter.
“In fact, there’s precious little the president can do about local and state public health orders,” said David Coale, a Dallas appellate lawyer whose work often focuses on separation of powers, because “there is no federal law telling everyone to stay home right now for him to go back on.”
Click on the bolded media outlets for more on both interviews.