Re Essential label:
I see. But wouldn’t POTUS know that courts have to apply this? Aren’t you saying that the press is correct that POTUS is overstating his authority? Surely his advisors have told him this.
Thank you for your input.
Potus can:
withhold money
Direct the DOJ to investigate whereupon the DOJ can file a federal lawsuit etc
Won't come to this, the DA Govs will rollover rather than have their Tyrannogasm interrupted by Constitutional reality. If stores are open, churches can't be treated differently. Slam-dunk loser for the Govs.
He has some power, but it's indirect. Historical examples in traffic, 55 MPH speed limit back in the 70's, and 0.08 as the drunk limit, all state imposed, but under threat of withholding of federal funds.
US DOJ has some power in federal courts as well, and POTUS is signaling which side the DOJ will take in the lawsuits. That too is pressure on the governors to ease up.
It is generally true that POTUS can't order the governors. He can, and will shortly, lift the national COVID emergency. The states have used that as cover. And too, when states have asked for POTUS to recognize the emergency declared in the respective states, he has gone along. This releases Stafford Act funds to the states. He can't undo the declarations he has made, but he can case the outlays under Stafford to be micromanaged at the federal end.