Timeline for Can a state governments outsource actions that are illegal for the state government to perform?
Current License: CC BY-SA 4.0
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| when toggle format | what | by | license | comment | |
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| Sep 2, 2021 at 20:51 | comment | added | ohwilleke | Equal protection attacks on unequal enforcement are extremely limited. And, the states can decriminalize private conduct that has historically been illegal (e.g. Colorado does not have a state simple assault misdemeanor), has no affirmative duty to see that criminal laws are enforced (e.g., it can decide not to prosecute lynching participants or rapists), and can discretionarily decide who to prosecute and who not to prosecute in ways that set powerful policies. It also can seriously deputize private citizens (e.g. bail bondsmen). | |
| Sep 2, 2021 at 20:49 | comment | added | Brian | @Michael: It's tough to research this, since typically selective enforcement is about a city choosing to enforce laws only against specific people (e.g., Here is an example of a city enforcing their sign ordinance only against a specific bankruptcy attorney and eventually settling). There are many old cases of vigilante lynch mobs being ignored by prosecutors, but a cursory look didn't find any recent cases where this was discussed in court. Though they probably exist. | |
| Sep 2, 2021 at 20:34 | comment | added | Michael | That takes care of race or ethnicity based groups; however, for the insert a group here I meant abortion providers in red states, or gun owners in blue states, or whatever group that the state government decides to pressure. The law you cited doesn't seem to indicate that a state government cannot deny protection based on, say, profession or hobby | |
| Sep 2, 2021 at 20:06 | history | answered | Brian | CC BY-SA 4.0 |