States have to do a bizarre tap dance for an odd reason, not widely known. In past, the SCOTUS has ruled that federal courts are superior to state courts, and that congress is superior to state legislatures; but it has *never* ruled that the POTUS is superior to state governors.
The only way the POTUS can force a governor to comply is by sending in the army. Literally. The last time it was done was by Eisenhower against Bill Clinton’s mentor, Arkansas governor Orval Faubus, to force the integration of Little Rock high school. Eisenhower sent in the 101st Airborne division.
In any event, this means that to thwart the federals, states must avoid making it a purely judicial or legislative action, and have it done as much as possible through the office of their governor.
This is especially true of 10th Amendment issues, where the federal courts have often ruled against the states.
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