Napolitano Says Trump can’t “override” governors on church openings “in a word, no”

During a segment on Fox News, Judge Napolitano argued that President Trump does not have the legal authority to override governors and force churches to be allowed to open.

“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,” Napolitano told Dana Perino.

Dana Perino:

Does he have the power to do that?

Judge Napolitano:

In a word, no. 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. 

I will tell you, but the president can do. He can’t dispatch the Department of Justice to file lawsuits in federal court, and judges can override the governors. But the president on his own —no matter well intended he may be, and I believe he’s well-intended here— is without authority to do that.