If you're not sure what these streaks are, they're an international environmental disaster possible only thanks to a long history of selective nonenforcement against a company with an almost pathological disregard for health, safety, and environmental protection.
A SpaceX rocket was destroyed during a test flight following a rare booster catch back at the pad. (video via deankolson87/X)
www.huffpost.com/entry/us-sci...
www.huffpost.com/entry/us-sci...
January 17, 2025 at 12:53 AM
If you're not sure what these streaks are, they're an international environmental disaster possible only thanks to a long history of selective nonenforcement against a company with an almost pathological disregard for health, safety, and environmental protection.
REQUEST: If anyone still at DOJ knows anything about where these TikTok nonenforcement letters came from, who vetted them, if OLC had anything to say, or anything else of note, please reach out on a non-work phone and contact me on Signal: crg.32
NEW: In letters to companies with app stores, AG Pam Bondi purported to be "irrevocably relinquishing any claims" against them — Apple, plus Amazon, Google, Microsoft, and T-Mobile — for violating the TikTok ban. This is so, per Bondi, b/c Trump said it's OK, despite contrary language in the law.
July 4, 2025 at 3:42 AM
REQUEST: If anyone still at DOJ knows anything about where these TikTok nonenforcement letters came from, who vetted them, if OLC had anything to say, or anything else of note, please reach out on a non-work phone and contact me on Signal: crg.32
On that basis, the Attorney General interpreted the statutes so as not to punish companies for providing services to TikTok. In addition DOJ is "irrevocably relinquishing any claims" against companies for providing services to TikTok during the nonenforcement periods.
July 3, 2025 at 7:50 PM
On that basis, the Attorney General interpreted the statutes so as not to punish companies for providing services to TikTok. In addition DOJ is "irrevocably relinquishing any claims" against companies for providing services to TikTok during the nonenforcement periods.
TikTok issues a statement saying they would go dark January 19 without definitive assurances of nonenforcement of penalties for violating the law.
January 18, 2025 at 5:52 AM
TikTok issues a statement saying they would go dark January 19 without definitive assurances of nonenforcement of penalties for violating the law.
Well, I think nonenforcement is a good idea because I think it’s a stupid law that was poorly thought out, but there’s zero chance TikTok’s service providers are going to be placated by any promise of nonenforcement by an outgoing admin
January 18, 2025 at 4:53 AM
Well, I think nonenforcement is a good idea because I think it’s a stupid law that was poorly thought out, but there’s zero chance TikTok’s service providers are going to be placated by any promise of nonenforcement by an outgoing admin
🧵 (tl;dr: work with others to get your local jurisdiction to commit to nonenforcement)
Okay I angrily washed dishes etc. and calmed down a bit.
Here is an action item if you do not like the anti-trans and anti-intersex legislation ongoing in the US right now.
This is something that has been done in my hometown (I was a part of it, but only a small part) & can be done elsewhere too.
Here is an action item if you do not like the anti-trans and anti-intersex legislation ongoing in the US right now.
This is something that has been done in my hometown (I was a part of it, but only a small part) & can be done elsewhere too.
November 21, 2024 at 12:51 AM
🧵 (tl;dr: work with others to get your local jurisdiction to commit to nonenforcement)
And anyway, it's Texas. If the datacenters there are environmentally lax, it's for the same reason everything else is: nonenforcement. No reason whatsoever to think datacenters are particularly worse than anything else.
September 25, 2026 at 2:15 PM
And anyway, it's Texas. If the datacenters there are environmentally lax, it's for the same reason everything else is: nonenforcement. No reason whatsoever to think datacenters are particularly worse than anything else.
The European single market is a way more thought-out policy than Canada’s scammy university immigrant blitz or America’s generations of southern border nonenforcement
April 6, 2025 at 4:24 PM
The European single market is a way more thought-out policy than Canada’s scammy university immigrant blitz or America’s generations of southern border nonenforcement
BTW, the Government is arguing in the Supreme Court *tomorrow morning* in a case where it's explained that when an agency (there, FDA) announces a nonenforcement policy, that does “not in any way alter the fact that it is illegal" for the private party to violate the law. [5]
January 21, 2025 at 1:46 AM
BTW, the Government is arguing in the Supreme Court *tomorrow morning* in a case where it's explained that when an agency (there, FDA) announces a nonenforcement policy, that does “not in any way alter the fact that it is illegal" for the private party to violate the law. [5]
It looks like Judge Pitts would prefer to have time to issue a preliminary injunction ruling, rather than needing to rule (likely on a TRO) by tomorrow, so he's asked the parties to extend the nonenforcement stipulation by a week.
They have to tell the court if they're OK w that by 9a PT Thursday.
They have to tell the court if they're OK w that by 9a PT Thursday.
June 25, 2026 at 1:30 AM
It looks like Judge Pitts would prefer to have time to issue a preliminary injunction ruling, rather than needing to rule (likely on a TRO) by tomorrow, so he's asked the parties to extend the nonenforcement stipulation by a week.
They have to tell the court if they're OK w that by 9a PT Thursday.
They have to tell the court if they're OK w that by 9a PT Thursday.
Nonenforcement in this context would mean that Trump, at a whim, could fine every major tech platform an absurd amount of money should he so choose.
January 18, 2025 at 5:09 AM
Nonenforcement in this context would mean that Trump, at a whim, could fine every major tech platform an absurd amount of money should he so choose.
there's that, but also i think for a long time our immigration system has in various ways depended on a lot of nonenforcement, and as the immigrant mix has changed-- again in various ways-- different nonenforcements work differently. and it's racism but it's not just racism
October 28, 2024 at 8:49 PM
there's that, but also i think for a long time our immigration system has in various ways depended on a lot of nonenforcement, and as the immigrant mix has changed-- again in various ways-- different nonenforcements work differently. and it's racism but it's not just racism
there is not precisely an exemption under US law but uh there is a policy of nonenforcement.
January 3, 2026 at 2:09 AM
there is not precisely an exemption under US law but uh there is a policy of nonenforcement.
Threat of.
The point is that nonenforcement increases the leverage and threat from future enforcement if a platform chooses noncompliance.
The point is that nonenforcement increases the leverage and threat from future enforcement if a platform chooses noncompliance.
January 18, 2025 at 5:14 AM
Threat of.
The point is that nonenforcement increases the leverage and threat from future enforcement if a platform chooses noncompliance.
The point is that nonenforcement increases the leverage and threat from future enforcement if a platform chooses noncompliance.
"Legal scholars, be they liberal or conservative, have criticized Mr. Trump’s nonenforcement as illegal. Among the many lawless acts of his second term, the disregard for a recently passed federal law is among the most brazen. It is also a gift to the world’s most powerful authoritarian government."
Opinion | Trump Is Letting TikTok (and China) Win
www.nytimes.com
August 8, 2025 at 11:22 AM
"Legal scholars, be they liberal or conservative, have criticized Mr. Trump’s nonenforcement as illegal. Among the many lawless acts of his second term, the disregard for a recently passed federal law is among the most brazen. It is also a gift to the world’s most powerful authoritarian government."
It’s funny that these scam texts seem to have increased right around and after the inauguration. I doubt anything in the system changed, just brazenness in anticipation of nonenforcement
March 6, 2025 at 6:58 PM
It’s funny that these scam texts seem to have increased right around and after the inauguration. I doubt anything in the system changed, just brazenness in anticipation of nonenforcement
Keep an eye out for @cbhessick.bsky.social and @mrparsh.bsky.social’s article ,“The Nuances of Prosecutorial Nonenforcement,” forthcoming in Volume 67 of the William & Mary Law Review!
March 20, 2025 at 2:13 PM
Keep an eye out for @cbhessick.bsky.social and @mrparsh.bsky.social’s article ,“The Nuances of Prosecutorial Nonenforcement,” forthcoming in Volume 67 of the William & Mary Law Review!
Congratulations to @mrparsh.bsky.social and @cbhessick.bsky.social on the forthcoming publication of their article "The Nuances of Prosecutorial Nonenforcement" in the William & Mary Law Review! You can check out the abstract below. #WomenAlsoKnowLaw
March 27, 2025 at 7:59 PM
Congratulations to @mrparsh.bsky.social and @cbhessick.bsky.social on the forthcoming publication of their article "The Nuances of Prosecutorial Nonenforcement" in the William & Mary Law Review! You can check out the abstract below. #WomenAlsoKnowLaw
The difference is that the policy of nonenforcement of the controlled substances act for marijuana is just that: a policy of nonenforcement. The policy does not purport to prevent all future attorneys general from enforcing the law.
July 3, 2025 at 9:54 PM
The difference is that the policy of nonenforcement of the controlled substances act for marijuana is just that: a policy of nonenforcement. The policy does not purport to prevent all future attorneys general from enforcing the law.
I am happy to announce that my new article, The Nuances of Prosecutorial Nonenforcement (co-authored with @cbhessick.bsky.social), is forthcoming in Volume 67 of the William & Mary Law Review! After nearly two years of research and writing, I am so glad that this piece has such a wonderful home!
March 15, 2025 at 5:41 PM
I am happy to announce that my new article, The Nuances of Prosecutorial Nonenforcement (co-authored with @cbhessick.bsky.social), is forthcoming in Volume 67 of the William & Mary Law Review! After nearly two years of research and writing, I am so glad that this piece has such a wonderful home!
i'm sympathetic to the claim that these orders are imbalanced relative to the harm they're addressing. the problem is, if there's no lesser alternative, you have to consider the harm of creating a system of nonenforcement, which undermines the democratic institutions brazil is trying to establish
August 31, 2024 at 4:16 PM
i'm sympathetic to the claim that these orders are imbalanced relative to the harm they're addressing. the problem is, if there's no lesser alternative, you have to consider the harm of creating a system of nonenforcement, which undermines the democratic institutions brazil is trying to establish
Blanket policy of nonenforcement seems like an APA violation.
March 3, 2025 at 5:53 PM
Blanket policy of nonenforcement seems like an APA violation.
UPDATE: In the Packard (Stanford) trans care grand jury subpoena case, DOJ has agreed to extend the nonenforcement stipulation until July 3, as Judge Pitts requested. Given that, we should expect a preliminary injunction ruling from Pitts by then. storage.courtlistener.com/recap/gov.us...
June 25, 2026 at 3:51 PM
UPDATE: In the Packard (Stanford) trans care grand jury subpoena case, DOJ has agreed to extend the nonenforcement stipulation until July 3, as Judge Pitts requested. Given that, we should expect a preliminary injunction ruling from Pitts by then. storage.courtlistener.com/recap/gov.us...
It's little consolation but sue them if there's damages from nonenforcement
June 8, 2026 at 11:39 AM
It's little consolation but sue them if there's damages from nonenforcement
TikTok will ‘go dark’ despite Biden administration nonenforcement of ban.
By Ross O'Keefe
www.washingtonexaminer.com/policy/techn...
By Ross O'Keefe
www.washingtonexaminer.com/policy/techn...
January 18, 2025 at 2:43 AM
TikTok will ‘go dark’ despite Biden administration nonenforcement of ban.
By Ross O'Keefe
www.washingtonexaminer.com/policy/techn...
By Ross O'Keefe
www.washingtonexaminer.com/policy/techn...