Do you really think that the 10th amendment still has any teeth?
Nice theory from Judge Moore, but not a majority opinion.
The application of State Constitutional Standard has always been that it is a state supreme court matter only when the court takes a more restrictive position on the powers of the state not when the state court grants additional powers to the state.
The only problem with that is that Article 3, Section 2 CLEARLY States that ONLY the supreme Court has Jurisdiction over State Issues, Inferior Courts have NO STANDING!!!
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
Failure or Refusal of the supreme Court to take “Original Jurisdiction” in a case involving a STATE Leaves it up to the STATE.