Peter M. Shane (Ohio State University Moritz College of Law) has posted Faithful Nonexecution on SSRN. Here is the abstract:
This paper is the abstract for a work in progress that attempts to distinguish between instances of executive underenforcement of the law that contradicts the constitutional obligation to take care that the laws be faithfully executed and legal nonimplementation that is consistent with the executive’s faithful execution obligations.
(Bonus: only 3 pages).
(Related prior thoughts on immigration nonenforcement from Professor Shane here).
Posted at 6:38 AM