It was free to if it knew to. But the judge lied to them.
Until the USSC says...
In other words your respect for the Constitution is nil. You're arguing for acceptance and adherence to law regardless of its origin. Either the Constitution is the supreme law of the land or it is not. To say that the 10th Amendment is irrelevant unless the USSC says it's relevant is to say that the Constitution is relative. The "Living Document" argument. The same legalistic moral relativism that gives us forced abortion laws.
Thanks for clarifying where you stand.
And, btw, I never said the 10th was "irrelevant," only that in specific contested instances, the USSC is the arbiter of its relevance as provided for in the Constitution. You do believe in the Constitution, right?