SassyIrishLass
Diamond Member
- Mar 31, 2009
- 99,268
- 77,889
- 3,605
The SCOTUS did not rule Congress could not take it up. The only standing against would be to argue it violates States' rights.
So it would have to be framed and passed within a construct that falls within federal regulation power, like commerce.
The only thing Congress is do is pass a Constitutional amendment. SCOTUS has ruled it's a state right