A major part of DeSantis’s criticism of Warren was “constitutional.” The vital point here is that legislative bodies, not prosecutors, are responsible for making our laws. The executive branch is tasked with enforcing them, not rewriting them to suit their fancy. Unfortunately, in city after city, that is exactly what “social justice” prosecutors have done. They have simply declined to prosecute whole classes of crimes, laid out in laws passed by state assemblies or city councils.

If a legislature passes laws sanctioning actions A, B, C, and D as crimes, then it’s not up to the district attorney to say “I will only enforce A and B.” He doesn’t have that right or responsibility. It is his right to say “Given my office’s limited resources and the weak evidence against Mr. Jones in this case, I will not prosecute him for C and D.” Ron DeSantis acknowledged as much.

All across the country, however, Justice Democrats have said they will not prosecute whole classes of crimes as a matter of principle. In doing so, they are acting as one-man legislatures. That’s true whether they are elected or appointed. They are still executive officials and are not authorized to ignore whole classes of duly passed laws.

DeSantis nailed that point, making an effective argument that Warren was guilty of exactly this kind of overreach. That’s a serious violation if we are to remain a country of laws, not men, where our government at all levels is grounded in the separation of powers between the executive, legislative, and judicial branches.