Still a state’s rights issue. Let it be taken up in court. As a Conservative I cannot subjectively apply the 10th only when it suits me.
If you don’t like how the 14th may be applied then it is imperative to support the GOP candidate nominated. The next 4 years is extremely important as far as the USSC is concerned. The most RINO of GOP nominees is going to choose better than Obama. And, if he/she dares to nominate a Kennedy type, with all of the support of a Tea Party strengthened Senate, we can “Miers” the nominee.