That's correct, however, the DOJ has not determined there to be any serious Consttutional violations at this time. As a lawyer, I'm familiar with such issues. If the states persist unreasonably in the lockdowns, the DOJ will intervene, as AG Barr has recently stated.
Always remember: Nobody asks you for legal advice. But try community college again. As Rob Schneider might say, You can do it! (If you try again.)