It depends upon whether or not the executive branch would heed the ruling of the Judicial branch (supreme court)
I think we already know the answer to that question.
This is why Biden is hell bent on war... it takes care of all those pesky constitutional issues in one simple declaration of martial law.
There was to be independent states….the Federal government was to just do foreign affairs and defend the country….now to feds give back the money they take if you abide by there rules….the red states should tell the feds we are not sending any money except for defense and foreign affairs…we do not want your money and your rules…