No, I agree with your overall point. I don't think they would (and it basically states in the decisions that if private property is to be protected, it can be done so at the state level) but with the imperial judiciary of the present day, I wouldn't put it past them to do just that. I mean, we've gotten to the point where the Massachusetts Supreme Court told their legislature that they had to write a particular law by a particular deadline.
"I mean, we've gotten to the point where the Massachusetts Supreme Court told their legislature that they had to write a particular law by a particular deadline."
Shudder