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> Sessions will instead let federal prosecutors where pot is legal decide how aggressively to enforce federal marijuana law, the people said.

He's pushing the choice to whether "to defend every law" down to regional federal prosecutors. Prosecutors always decide what laws to enforce by deciding how to allocate their scarce resources. This is an established legal custom called "prosecutorial discretion."

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Prosecutional discretion is legalized bigotry. The legal system has a strong history of allowing sexist, racist, and classist thought to drive how laws are enforced. Any fair or just system would allow no such discretion.

I agree that prosecutorial discretion allows racism and other prejudice to be reflected in enforcement. However, every practical system will have prosecutorial discretion because resources are always limited.

Except, Congress's ability to create a never-ending stream of new laws seems to be limitless. Maybe we should require a 3/4 majority and "slow" process to create a law but only a 1/4 minority and fast track needed to repeal one.

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