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by samatman 3626 days ago
This is how the checks and balances of American government work, or are supposed to, at least.

Legislation is inert. The Executive exists to execute the will of the people expressed through the Legislature. The Judiciary interprets legislation, particularly the interactions and priorities of various laws, ranging from the Constitution, to legislation, to case law. This in turn informs the Executive as to how to execute the legislation.

Therefore, if a citizen is of the opinion that the Executive is doing a bad job of balancing concerns in enforcement (in this particular case asserting that 1201 is unconstitutional due to the 1st Amendment), they sue the Executive. Again, this is entirely in keeping with the structure of checks and balances American government is founded on. When it works, it works well.