Federal Authority to Lift or Modify State and Local COVID-19 'Stay-At-Home' Orders: Frequently Asked Questions [May 15, 2020] [open pdf - 738KB]
From the Document: "To contain the spread of the Coronavirus Disease 2019 (COVID-19), roughly 20 states and the District of Columbia continue to operate under so-called 'stay-at-home' orders closing nonessential businesses and limiting the circumstances in which individuals can leave their residences. In other states, some counties and cities remain subject to similar orders. These directives fall within the traditional police powers of state and local governments to protect the health and safety of their citizens. But stay-at-home orders also implicate federal interests, raising questions about the balance between federal and state power if federal authorities disagree with the content or duration of specific state or local mandates. Besides these federalism issues, disputes over the proper response to COVID-19 raise separation-of-powers questions about the President's authority to override stay-at-home orders. This Legal Sidebar responds to certain frequently asked questions concerning the federal government's power to lift or modify such orders."
CRS Legal Sidebar, LSB10469
Congressional Research Service: https://crsreports.congress.gov/