I think this is an opportunity to revisit Wickard and the absurdity born of it. Why have a CC if the federal (remember we don’t have a national government) government has unlimited powers to regulate every aspect of human life?
The important wedge here is that a sovereign state is acting and not just some lowly human. This will be a very important ruling.
IIRC, eight of the nine Wickard justices were New Dealers. They boldfaced stole a power reserved to the States at the Constitutional Convention, control of commerce strictly within their borders.
I've come to think that most of our present problems derive from the 17th Amendment. Would the Wickard justices have done this if they could expect retribution from State appointed Senators? What about the lower courts? Would Leftist judges hostile to the 9th and 10th have had any chance of appointment in the first place? Would FDR have bothered to nominate such judges?
I'll be making several posts on the 100th anniversary of the 17th next month. IMO, when we ceased to be a federal republic, our fate, meaning increasing civil disorder and eventual dissolution was sealed.
I agree it will be an important case, but since the States have lacked any agency in the republic for 100 years, I expect the Ruling Class to circle the wagons and defend themselves. They recognize no sovereignty in the States or the people.
Maybe. They had a chance with the Raich (sp?) case and passed.