Obama grabs for new power with health-care law
July 20, 2013 11:50 pm •
Excerpt:
The OLC also has concluded that the president could refuse to enforce a law before the judiciary decided whether it was constitutional. Thus, before the Supreme Court ruled on the issue last month, Obama acted properly in ordering the Justice Department not to defend a federal law he considered unconstitutional because it did not recognize same-sex marriage.
The president does not, however, have carte blanche to refuse to enforce the law.
"Obviously," the OLC wrote in 1990, the president cannot "refuse to enforce a statute he opposes for policy reasons."
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