That’s how Eric Posner describes Obama’s executive action:
The point is not just that Republican presidents can do what Obama has done. It is that enforcement discretion creates an advantage for Republicans—it favors conservative governance and hurts liberal governance. The reason for this asymmetric effect is that the great bulk of federal law is liberal economic regulation, not conservative morals regulation. A conservative president can refuse to enforce laws, but a liberal president can’t enforce laws that don’t exist. While a President Rand could gut the regulatory state, the opportunities for a President Hillary Clinton to advance liberalism through non-enforcement are much less fecund.
Andrew Prokop isn’t so sure:
Several commentators have been floating various possibilities about how the GOP could take advantage of those powers in ways Democrats would surely hate. “What if a Republican president announced that he would stop enforcing the payment of estate taxes? Or suspend enforcement of regulations on industrial pollution?” wrote Jonathan Chait. But as you dig deeper into these scenarios, it comes clear that some of them just wouldn’t work — and some of them Republicans supported long before Obama’s latest executive actions.
Trende pushes back on Prokop:
This, I think is misguided. Once a president uses executive authority to implement a major, controversial policy that has been under debate in Congress for almost a decade, especially after his party suffered a substantial midterm rebuke, there is no going back. It is going to be used repeatedly, in ways that both parties find appalling.