Delay and discretion in the federal government : background and selected issues / Cory Derricks, editor.

Includes index.

DELAY AND DISCRETION IN THE FEDERAL GOVERNMENT: BACKGROUND AND SELECTED ISSUES; DELAY AND DISCRETION IN THE FEDERAL GOVERNMENT: BACKGROUND AND SELECTED ISSUES; Library of Congress Cataloging-in-Publication Data; CONTENTS; PREFACE; Chapter 1: A PRIMER ON THE REVIEWABILITY OF AGENCY DELAY AND ENFORCEMENT DISCRETION; SUMMARY; INTRODUCTION; LEGAL STANDARDS AND LIMITATIONS APPLIED TO ADMINISTRATIVE DELAYS; PROCEDURAL REQUIREMENTS FOR IMPLEMENTING A DELAY; Chapter 2: ADMINISTRATIVE AGENCIESAND CLAIMS OF UNREASONABLE DELAY: ANALYSIS OF COURT TREATMENT; SUMMARY; INTRODUCTION.

ADMINISTRATIVE PROCEDURE ACT (APA)REMEDIES FOR UNREASONABLY DELAYED ACTIONS; COMPELLING ACTIONS UNREASONABLY DELAYED WITH NO STATUTORY DEADLINES; COMPELLING DELAYED ACTIONS THAT VIOLATE STATUTORY DEADLINES; LEGISLATIVE TOOLS TO COMPEL AGENCY ACTION; Chapter 3: THE TAKE CARE CLAUSE AND EXECUTIVE DISCRETION IN THE ENFORCEMENT OF LAW; SUMMARY; THE DUAL PURPOSES OF THE TAKE CARE CLAUSE; PROSECUTORIAL DISCRETION AND JUDICIAL RESTRAINT; JUDICIAL REVIEW OF ADMINISTRATIVE NONENFORCEMENT; DISTINGUISHING INDIVIDUAL NONENFORCEMENT DECISIONS FROM NONENFORCEMENT POLICIES.

THE SEPARATION OF POWERS: CONGRESSIONAL AUTHORITY TO CURTAIL ENFORCEMENT DISCRETIONChapter 4: IMPLEMENTING THE AFFORDABLE CARE ACT: DELAYS, EXTENSIONS, AND OTHER ACTIONS TAKEN BY THE ADMINISTRATION; INTRODUCTION; ACTIONS ADDRESS KEY ELEMENTS OF THE ACA; ARGUMENTS FOR AND AGAINST THE ADMINISTRATIVE ACTIONS; CONGRESSIONAL LAWSUIT; Chapter 5: PROSECUTORIAL DISCRETION IN IMMIGRATION ENFORCEMENT: LEGAL ISSUES; SUMMARY; INTRODUCTION; FEDERAL POWER TO REGULATE IMMIGRATION; PROSECUTORIAL DISCRETION GENERALLY; PROSECUTORIAL DISCRETION IN THE IMMIGRATION CONTEXT.

POTENTIAL LIMITS ON THE EXERCISE OF DISCRETIONCONCLUSION; Blank Page; INDEX.

Congress regularly authorizes and requires administrative agencies to implement and enforce regulatory programs. As such, agencies routinely make decisions about when to promulgate regulations and when to enforce statutory requirements against parties who violate the law. During the 113th Congress, the Obama Administration announced that certain federal agencies would not enforce specific aspects of the Affordable Care Act (ACA) for a period of time in order to allow the public to further prepare for proper compliance with the law in the future. This has led to numerous questions regarding how.

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