New York Governor Andrew Cuomo has threatened to sue the Trump administration if they attempt to order New York to reopen its economy.
According to The Daily Wire:
New York governor Andrew Cuomo threatened the White House with a federal lawsuit on Tuesday, warning President Donald Trump that if the Trump administration issues an order, requiring states to “open for business” before experts agree that the threat of a second coronavirus peak has passed.
It’s not clear what prompted Trump to declare power over coronavirus lockdowns; most states have extended their “shelter-in-place” orders until at least May 1st, and Trump has yet to roll out a White House plan on the matter.
Cuomo is one of several governors rolling out plans charting a course for residents to return to work, and he largely agrees with Trump that, to preserve both the local and national economy, states should live coronavirus lockdowns as soon as possible (though many of the CDC’s “social distancing” recommendations would remain in place).
Cuomo stated:
“If he ordered me to reopen in a way that would endanger the public health of the people of my state, I wouldn’t do it,” Cuomo told CNN’s “New Day” on Tuesday morning. “And we would have a constitutional challenge between the state and the federal government and that would go into the courts and that would be the worst possible thing he could do at this moment.”
Cuomo cited the 10th Amendment which states that certain responsibilities are state responsibilities. If this gets litigated Cuomo is likely to prevail as the constitution enumerates the system of federalism that exists in the US.