Judge Napolitano: Trump Doesn't Have Right to Override Governors on Church Openings

Alicia Cohn of The Hill wrote:FOX News legal analyst Andrew Napolitano said Friday that President Trump does not have the authority to force governors to reopen churches.

"As ill-advised as these gubernatorial orders are, as essential as is the right to worship, as fundamental as it is, as absolutely protected by the first amendment as it is, the president does not have any authority to override the governors," he told FOX's The Daily Briefing.

His comments follow a White House press conference where Trump called churches "essential" and ordered governors to reopen them regardless of restrictions meant to slow the spread of coronavirus by limiting gatherings of large groups of people.

"If they don't do it I will override the governors. America, we need more prayer, not less," Trump said.

Napolitano said Trump could "dispatch the Department of Justice to file lawsuits in federal courts and judges can override the governors."

"But the president on his own, no matter how well-intended he may be, and I believe he's well-intended here, has no authority to do that," he said.

Napolitano has opposed the stay-at-home orders that most state governors have issued in order to restrict movement amid the coronavirus pandemic. Earlier this week on FOX News, he called such orders "unconstitutional" and "made-up laws."

Napolitano on Friday noted that Trump's threat to override governors is "done to appeal to the president's base."

"The governors will back down, Dana, when they think they have lost public support," Napolitano told FOX News host Dana Perino.

"So if the president can, with this kind of a threat, undermine the public support of the governors, then they will recognize that the free exercise of religion is absolutely essential and they are wrong to use force - police officers - to prevent people from going to church."

White a number of states including Florida and Michigan exempted churches from bans on large social gatherings that are recommended by federal health experts, pastors in states like Louisiana and Illinois have defied governor's orders in order to hold services.

Police prevented cars from parking at a Chicago-area church last Sunday in order to enforce the state's stay-at-home order.

And a pastor in Baltimore recently said he would ignore the city's cease-and-desist letter and continue to hold services.

Pastor Donnie McClurkin wrote:Wisdom is the PRINCIPAL thing; therefore get WISDOM! And in all your getting, get UNDERSTANDING!
Proverbs 4:7

As pastor of PFC, I announce to all members...our ministry will NOT be involved in any political ploy of such a dangerous decision ...to play to our religious sensibilities for political leverage! To suggest and instruct churches to reopen without meeting specific metrics given by the scientific medical experts is highly irresponsible, fool-hearty and potentially dangerous to our wellbeing! ESPECIALLY TO THOSE IN HEAVILY EFFECTED AREAS!

We will continue to lean towards and adhere to REASONABLE medical science and the CREDIBLE doctors and medical experts...along with our GOVERNOR and the wisdom of the Holy Spirit and my responsibility as pastor of thousands!

THERE WILL BE NO REOPENING OF OUR CHURCH EDIFICE UNTIL IT IS SAFE TO GATHER IN THE HOUSE OF WORSHIP!

this political ploy to gain favor and votes from the faith-based community is blatant ...and will not be considered over my (our) pastoral duties to CARE for the members of the body of Christ! Our digital live-streams will ADEQUATELY serve the ppl LOCAL AND GLOBALLY until such time IN THE VERY NEAR FUTURE when we can gather again!

Pastor D. A. McClurkin Jr

To all who agree with the reopening of churches...your decision is respected.