“For the most part the governor can do what she feels is best in the interest of preserving the health and safety of New Mexico without regard to the president opening up the economy. That’s a political question. There are certain areas, and airline travel is one of them, that the governors can't touch,” he said.

Other areas the governor can’t touch include national highways and national labs. So far the governor hasn’t imposed a curfew, but it is within her power to do so. There is also more she can do when it comes to the medical field.

“Say there was a shortage of doctors. She could ask for the legislature to empower her for example, to call every person with an MD license, MD degree and state license—including those who are retired or nurses who are retired—and call them into state employment to assist in giving medical care to the people of New Mexico, so if there aren't enough doctors she could tap into the retiree pool and have them come in and work at the hospital,” Kastenberg said. "She could also do emergency contracts. Say there's a vacant hotel. Hotels are shut down and convert a vacant hotel to a medical facility. She would certainly have the authority to do that.”