nonenforcement

Section 202 of the Act adds a new section 530D to title 28, United States Code, that purports to impose on the executive branch substantial obligations for reporting to the Congress activities of the Department of Justice involving challenges to or nonenforcement of law that conflicts with the Constitution.

The Volokh Conspiracy » SG Corrects Factual Record in Graham 2010

* In Massachusets v. EPA (2007), Justice Stevens wrote the five-justice majority's opinion requiring the Bush administration to enforce the Clean Air Act. The four justices in the minority, who all remain on the Court today, would have bowed to President Bush's prerogative, leaving the Act unenforced by determining that Massachusetts had no standing to bring suit for the potential air-quality damage resulting from nonenforcement.

Justice Stevens, Last Of His Line 2010

The infusion of extra uniformed bodies will be drawn either from the Warrant Section the pool of officers currently assigned to clerical and other nonenforcement-related duties or from other precincts.

Police Surge Is Planned for Brownsville 2010

* In Massachusets v. EPA (2007), Justice Stevens wrote the five-justice majority's opinion requiring the Bush administration to enforce the Clean Air Act. The four justices in the minority, who all remain on the Court today, would have bowed to President Bush's prerogative, leaving the Act unenforced by determining that Massachusetts had no standing to bring suit for the potential air-quality damage resulting from nonenforcement.

Justice Stevens, Last Of His Line 2010

Section 202 of the Act adds a new section 530D to title 28, United States Code, that purports to impose on the executive branch substantial obligations for reporting to the Congress activities of the Department of Justice involving challenges to or nonenforcement of law that conflicts with the Constitution.

The Volokh Conspiracy » SG Corrects Factual Record in Graham 2010

In those States where sodomy is still proscribed, whether for same-sex or heterosexual conduct, there is a pattern of nonenforcement with respect to consenting adults acting in private.

Could impending Prop 8 decision doom same-sex marriage? 2010

At what point should a judge decide that the political ideology of a parent for example, strongly advocating legalization of drugs and nonenforcement of existing laws is an important factor in making the decision?

The Volokh Conspiracy » Another Quote from a Child Custody Case, 2009

Michael J. Horowitz, counsel to the director of the Office of Management and Budget from 1981 to 1985, said Reagan Administration officials often viewed 'nonenforcement of the law' as an easy way to deal with statutes and regulations they disliked.

Why We Need A New Constitution: Part 8 of 21 2009

But if I'm reading it correctly, the Task Force Report appears to go much further, condemning the practice of constitutional nonenforcement in any circumstances, advising that a veto is appropriate even where a plainly unconstitutional provision appears in an otherwise important omnibus bill (see page 23).

Balkinization 2006

I am not arguing that Presidents may not object to legislation, or even that Presidents must always implement statutes -- there are times when nonenforcement of unconstitutional statutes may be appropriate (a broader subject for another time).

Balkinization 2006