The SC bill is unconstitutional? How? Via the supremacy clause? That dog will only hunt if you’re right and Obamacare is constitutional. But that’s exactly what’s at issue. If SCOTUS is right then the supremacy clause triumphs. If South Carolina is right the 10th amendment has its back. Might Makes Right devised the last major fight between states and the feds, granted. So it is largely purposeless.
But so is Colorado’s anti-prohibition stand or California’s antiimmigration law stance. Go call them embarrassing for a while.
If SCOTUS is right then the supremacy clause triumphs.
If? If the SCOUTUS is right? The SCOTUS are the refs here -- they're right by definition. You can argue a SCOTUS decision all you want, but unless you're arguing it in front of the SCOTUS, it's moot. If there's a valid 10th Amendment challenge to Obamacare, then no actual constitutional lawyer has realized it. That suggests to me that there isn't one. And what power did Congress invent? They have the power to pass legislation and the power to tax; that's all they need (according to SCOTUS). A lot of people are possessed of a rather inflated understanding of the 10th Amendment. It doesn't apply here or someone credible would be trying to apply it.
But so is Colorado’s anti-prohibition stand or California’s antiimmigration law stance. Go call them embarrassing for a while.
I don't have to. Feds will continue to raid marijuana dispensaries in California and look for them to start raiding private homes in Colorado in the near future... and there's nothing California or Colorado can do about it.