Critics of obstruction charges warn that using criminal law to punish political disagreement would set a dangerous precedent. If governors could be prosecuted for resisting federal policies, it could chill dissent across a wide range of issues, from environmental regulation to healthcare enforcement.
Where Is the Legal Line?
The most difficult question is where refusal ends and obstruction begins. Legal experts generally agree that there is a meaningful distinction between passive noncooperation and active interference. For example, a governor who declines to allow state police to assist ICE is likely acting within constitutional bounds. However, a governor who orders state officials to physically block federal agents, destroy evidence, or provide false information could potentially face legal exposure. Continue reading…