[Mojave]

As far as I know, the GW clause has never been used as a stand-alone grant of power, but only in conjunction with enumerated powers.

If so, where is the relevance to this discussion?

Do you really think it will be the tax power in the end?

Inter alia.

[publiusF27]

The GW clause has no relevance without the taxing power or the commerce power, except possibly to Scalia.

As to what will happen, I’d say the best case I can hope for will be 5-4 saying the commerce power covers the new law, but I could see it actually going 9-0.