“The States Dispute Is the Latest Manifestation of Trump’s Distorted View of His Own Power”

ICAP’s Joshua Geltzer Talks with Slate’s Dahlia Lithwick

President Trump has claimed extraordinary power in the face of the coronavirus pandemic. ICAP Executive Director Joshua Geltzer spoke with Slate’s Dahlia Lithwick about legal concerns with Trump’s claims. Here’s an excerpt:

However authorities are allocated within particular states — and that of course can differ state to state — the basic control over opening or closing schools, or requiring residents to shelter in place apart from essential outings, or imposing social distancing, all seem to fall outside any authorities explicitly granted to the federal government by the Constitution and inside the authorities inherently maintained by the states. So, for President Trump to order states to “open up” would mean for him to have an authority to override the states’ own exercise of their authorities to keep their residents safe, especially amid the continuing spread of a lethal virus.

Read the full conversation here.