Interesting. This sounds like Thomas is laying the groundwork to challenge the overextension of the Commerce Clause which was done during the reign of FDR. By undermining the basis for the enormous expansion of federal authority into every tiny bit of the US economy, what is Thomas trying to do?
Imagine the massive undertaking of dismantling perhaps half of the federal government! Either that, or Congress would have to pass half a dozen amendments to the US Constitution, essentially superseding the rest of it in favor of Congress maintaining the status quo by just doing what it wants to.
Ironically, only the SCOTUS may be in the unique position to order the dismantling of big chunks of the government that have no Constitutional authority to exist. But the big question would be who would have “standing” to challenge such the existence of such institutions in the first place?
The SCOTUS acts as an appellate court for most cases, which means that Congress could prevent it from hearing such cases. However, cases where States are a party, they hear directly. This means an individual State or States could sue the federal government and challenge the right of a federal agency to exist. Congress could only stop that suit by impeaching Supreme Court justices.
If we see the Tenth truly enforced, and Justice Thomas is prepared to hold the walls against the howling horde in the Commerce Clause Wars, we could have some serious fun!
Where does the Constitution give the feds ANY power to regulate education? Or minimum wage? Or endangered species? Or water pollution? Or Social Security? Or the right to own bleeping thing (explosives, drugs, death rays, kiddie porn, poison gas, pictures of Hillary, etc.) you desire? Or gas mileage standards? Or regulate utilities? The states can control any of these. The feds cannot.
The federalist argument is in dire need of being heard. Let’s hear it!