Wickard is ripe for a challenge. Somewhere at some time there will be a case of the feds relying on Wickard for something so absurd that even the semi-statist Supreme Court will have no choice but to overturn that abomination. In any case, it’ll NEVER get tossed out if we continue to meekly accept it. Better to go out on one’s feet than on one’s knees, I always say. Besides, sooner or later some state is going to grow the cajones to tell the feds to shove it, and if the feds don’t like it then they can send in soldiers...in full view of the world. The feds will have to back down, and that will be the beginning of the (hopefully peaceful) Second American Revolution.
Far from it. It was re-affirmed as recently as 2005, in Raich v Gonzalez, where Justice Scalia concurred with the majority in re-affirming Wickard.
Commerce clause jurisprudence is firmly ensconsed, with a long train of cases going back to the early years of the US Constitution. Wickard isn't going anywhere, and I suspect Perry and his lawyers know it.
...the authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws governing intrastate activities that substantially affect interstate commerce. Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
J. Scalia, concurring in Gonzales v Raich