Now, after talking it over with legal experts, Biden believes he can override the individual state decisions not to mandate wearing a mask and impose the order on any state he wants to.
CBS News:
CBS News:
Earlier, Biden said he would “pressure” governors and local officials to impose a mask mandate because there was a constitutional question whether he had the authority to bypass state laws and order mask wearing for all. He is framing the issue as this generation’s “sacrifice” and “patriotic” duty.Speaking to reporters in Delaware on Wednesday, Biden said that he had spoken to his campaign’s legal team about the feasibility of imposing such a mandate in certain states, depending on the conditions in the U.S.
“Our legal team thinks I can do that, based upon the degree to which there’s a crisis in those states, and how bad things are for the country,” Biden said. If it were deemed legal, he said would sign an executive order requiring people to wear masks when in public.
Indeed, a president who claims a “national emergency” for any order is likely to be upheld in court. But rates of infection have been steady for weeks and the number of deaths continues to trend downward. It will be hard for Biden to realistically claim the power to order a mask mandate when the need for one is disappearing. In fact, legal challenges to any such mandate will go on long after the coronavirus threat has passed.“Why do you wear a mask? To protect your neighbor? To keep someone else from getting sick and maybe dying. I call that patriotic. This is the United States of America. Every generation has made sacrifices to help others in moments of crisis,” Biden said at the time.
Biden and his running mate, Kamala Harris, called for a three-month nationwide mask mandate in August.