Face Mask Mandate Under Governors’ Control, Not the President

Presumptive Democratic presidential candidate Joe Biden has called on the nation’s governors to mandate a three-month requirement for the use of face masks in public to control the spread of COVID-19. But Lynn Pinker Hurst & Schegmann’s David Coale points out that a president has limited powers to enforce such a mandate. “A President can say ‘please’ in this setting, but doesn’t have real legal authority to do much,” says Mr. Coale. “The powers over public health matters really lie with individual governors, which Mr. Biden rightfully pointed out. However, the power of the bully pulpit in a case such as this should not be underestimated.” 

To speak with Mr. Coale regarding constitutional law, contact Barry Pound at 800-559-4534, barry@androvett.com