Hits and Misses
MISS: It’s well-established by now that President Trump is not a constitutional scholar, but his utter obliviousness to the way power is divvied out in this country still has the ability to shock. A case in point: His declaration during a two-hour press briefing on Monday that he had the “total authority” to order states to reopen their economies, and that he had the power to veto actions governors take. “{span}When somebody is the president of the United States, the authority is total and that’s the way it’s got to be. … It’s total. The governors know that,”{/span} Trump said. Actual constitutional scholars were flummoxed about where the president came up with this novel interpretation of presidential powers. Steve Vladeck, a professor at the University of Texas School of Law, tweeted that if Trump actually had that authority, “that would be the literal definition of a totalitarian government – which our traditions, our Constitution and our values all rightly and decisively reject.”
MISS: About one month into the coronavirus lockdowns, it should be pretty obvious what constitutes an essential business. Those places that sell food, cleaning materials and other items necessary for daily life are essential. Professional wrestling? You wouldn’t think so, but in Florida that seems to be the case. The Sunshine State’s governor, Ron DeSantis, has reckoned that professional wrestling is an essential enterprise. According to the Tampa Bay Times, DeSantis said, “People are chomping at the bit. If you think about it, we have never had a period like this in modern American history where you’ve had so little new content, particularly in the sporting realm. I mean, we are watching reruns from like the early 2000s.” DeSantis’s handling of the crisis has come under severe criticism, particularly his tardy decision to close the state’s beaches to spring breakers, and designating wrestling and other sports essential businesses hardly makes it seem like DeSantis is treating the coronavirus pandemic with appropriate seriousness.
HIT: Sure, everyone would love it if the coronavirus would head out to sea like a hurricane and we all could get back to our normal routines. But there’s really no way that the hurly-burly of everyday life can resume until the coronavirus has been at least somewhat tamed, and there’s no way to precisely forecast when that might be. Pennsylvania Gov. Tom Wolf and leaders of nearby states are starting to think about how they could safely and reasonably lift their economies out of the suspended animation they have been in since March. They announced the formation earlier this week of a committee that will guide their decision-making. A similar group has formed among governors on the West Coast. According to New York Gov. Andrew Cuomo, “This has to be informed by experts and data. You take one step forward and see how it works. To the extent we can do this together, is the best course.” Wolf said the regional compact “is premised on the idea that you’re not going to have a healthy economy if you don’t have healthy people.”
HIT: With many white-collar professionals working from home right now, most days are casual days. Why would you wear a suit and tie if you venture no farther than your den or kitchen table? But some lawyers in Broward County, Fla., have apparently taken casual days a bit too far. Some lawyers were upbraided by a judge for how they looked in online hearings. One male attorney appeared to be shirtless, while a female attorney was still lounging in bed. Sure, dressing casually is OK right now, but getting out of bed and putting a shirt on doesn’t strike us as being excessive.