000514 To decide when to lift the restrictions that governors have imposed to

000514 to decide when to lift the restrictions that

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00:05:14 To decide when to lift the restrictions that governors have imposed to fight the coronavirus pandemics. So for instance, the safer home directive that we are under here in Florida. 00:05:28 And I think all but seven or eight states have some version of mandatory stay at home lockdown. However, they are, however, they are framed and so 00:05:40 Essentially what the President claimed in his press conference is that I he, as the President of the United States has total authority to decide when those restrictions are lifted. 00:05:54 Rather than that decision resting with the governors of the individual states and of course I'm sure all of you know from taking this class that 00:06:07 The President does not in fact have such authority on and we'll get to this on the next slide. But if I'll give bonus karma points to anyone in the chat box. Who can name. 00:06:21 One of the cases that precludes the president from from taking this action. I think there's maybe a few cases that you could plausibly claim are related to this. None of them on the side of President Trump's claim. 00:06:38 And whether he acts based on his own claimed authority or based on authority that he claims, Congress has given him through legislation that has has been delegated to him. 00:06:51 I think it's pretty clear from the case law that the President doesn't have have this authority. So I have one particular case in mind if anyone wants to suggest in the chat box. 00:07:03 Which cases they think provide the best guidance here. As to why the President does not, in fact, have the authority to to lift restrictions that have been 00:07:15 Imposed at the at the state level. Go ahead and and suggest those in in the chat box. So that is the first claim that the President made 00:07:27 It got a lot of attention. It was subsequently at least to some extent walks back in subsequent comments that that were made, and while not completely disavowing that he 00:07:42 That he has this authority, the President has said that he will allow allow governors to make the decision for themselves about when they wants to end. 00:07:54 Their respective state lockdowns and, in fact, a number of states that are geographically close to one another, have kind of banded together and their governance have all said that
00:08:06 They will kind of make a collective decision about when is the best time for their region of the country. So there's a group of states on the West Coast, California, Oregon, Washington. 00:08:18 That have said that they're going to do that. There's a group of states in the Northeast, New York, New Jersey, Connecticut. 00:08:25 Massachusetts, I believe, possibly one or two others. And then there's a third group of states in the Midwest that have also 00:08:36 Decided to to band together, including Ohio Michigan and I think a couple other Midwestern states as well and 00:08:48 I kind of think that this was probably more of sort of an off the cuff remark that the President made at a press conference and then 00:08:56

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