But Trump doesn’t say the shut down was a mistake.
I’m in favor of opening up gradually too, just like Trump.
The constitutional issues are being tried in the courts. There are duly enacted Emergency powers laws at the Federal level and at the state level in most if not all states.
There is a 100 year old SCOTUS precedent that supports the Emergency powers as constitutional.
There are challenges to various actions working their way through courts now, but the only challenges that I’ve seen successful so far are those that claim it’s been unequally applied.
No recent ruling that I’m aware of have stated that the emergency powers themselves are unconstitutional.
Even the recent KY Temporary restraining order allowing Temple Baptist to hold in person services this Sunday, stated that the Emergency powers were constitutional. The judge in that case stated that if Social distancing was good enough for Kroger then it should be good enough for the church. I think he wrongly equated grocery shopping, food being necessary for life, with the church service, which is not life threatening.
Trump can’t say it was a mistake...but his words over the past few weeks are that he wants the removal of the lockdown accelerated. Are you saying you want it accelerated.
If emergency powers are constitutional that doesn’t mean there isn’t a legal litmus test to see if the emergency has been met here. I don’t think courts would uphold that there is an emergency anywhere right now.