Yeah, well my FR friend, Obama care is not a tenth amendment case either, or at least not totally. One aspect is and that is the so called fine/tax.
Taxes must go through congress but originate in the house. As you recall a SCOTUS case was decided that it was a fee.
So that blew the case out of the water. Coincidently they are now back to calling it a tax, (because that is what it is) But that a matter for the chief justice to take to his grave. Forcing people to buy something is indeed not in the federal ball park.
States generally regulate new drugs and do today with these designer things, largely because the distribution is localized initially. If the distribution becomes national, the feds come into the picture.
Marijuana went national a long time ago and there is a large body of law where every legal aspect of this has already been probed. The fed could back out of it but I doubt they would unless it was a dem admin with a bullet proof majority. It would be done only to pander.
You can pretend it’s a 10th amendment case, just like I can pretend the fed taxes are voluntary, but it falls flat in the court of law. ie: it’s not gonna happen unless some president decides to ignore the law and one apparently has.
There is plenty of data that shows long term effects. There is data that says no long term effects. Until all the data is on the side of safety, I don’t see a winning argument at any level.
I have already said that I don’t care much about this. I also told you why I don’t. So until something relevant happens in nonsense, I am done with it.
So abortion is a right because the courts say so - and for conservatives to argue otherwise is a "pretense"?