I mean I think the legislature would have known full well what the feds would use to “invalidate” their ruling. They are implicitly threatening to ignore any court order by passing this law.
I see. Do you know you do know that Gonzales vs. Raich is not a court order, right?
This USSC decision from 2005 specifically states that any item produced is “never more than an instant away from the interstate market” and can thus be regulated by the congress.
This is decided precedent (wrong, but decided) and will not likely be revisited by an Obama court.