It has nothing to do with legality and everything to do with Republican governors being scared to act without Trump’s approval since they’re scared of losing their power. All Trump had to do was recommend stay-at-home orders be implemented by the states and it would’ve happened. You saw it with Florida and Georgia, and the Georgia governor had the nerve to claim he didn’t know there was asymptomatic spread.
This is not a legal issue, it’s a political one.