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Washington (CNN) New York Gov. Andrew Cuomo would refuse and legally challenge a potential order from President Donald Trump to reopen the state's economy if doing so would put its residents at risk of being exposed to the novel coronavirus, he said Tuesday.
Trump has falsely claimed that, as President, he has "total" authority to decide to lift restrictions governors have imposed to fight the coronavirus pandemic. Ultimately, the state and local officials who have been imposing restrictions for the last month are the ones who will decide when to lift those restrictions.
"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. And we would have a constitutional challenge between the state and the federal government and that would go into the courts," Cuomo told CNN's Alisyn Camerota on "New Day."
Trump reiterated his position on Twitter following Cuomo's interview, saying the governor "seems to want Independence," but vowing "That won't happen." The President also claimed Cuomo, who has frequently lobbied for greater federal assistance during the pandemic, has been "begging" him daily for critical medical supplies.
While it remains unclear how a legal battle over state restrictions would unfold, many legal scholars believe the President would lose if he tried to challenge them on some constitutional grounds he has not yet identified.
Trump does, however, have some clear, though limited, direct power. For example, he can order federal employees to return to their offices and reopen national parks and other federal property. And he can use his influence to try to persuade governors -- and citizens -- to do as he wishes.
It's also possible that Trump could try to leverage the "major disaster declaration" he has issued for each state -- for example, attempting to require governors to take certain steps in exchange for federal assistance.
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