* Legally the executive is not granted this power.
* But in practice they are because who's going to make them?
The entity responsible for enforcement always has this power. It's why DA races where the platform is essentially law nullification by way of non-enforcement have been happening for some light criminal justice reform that can't get through the legislature.
The executive branch has a clear history of selectively not enforcing laws, so there is clear precedent. The most notable recent example is that the last three presidents have all chosen to not enforce federal law on marijuana in states that have chosen to legalize it.
That is a somewhat different scenario as the battle over marijuana laws would boil down to a state's rights issue. Many states have claimed authority over deciding whether marijuana is legal, effectively claiming that the federal government doesn't have jurisdiction on the issue.
