Fair Weather Federalism
Shorter New York Times: let’s use the Tenth Amendment to win this case, and then to go back to pretending it isn’t there.
Seriously, they don’t even pretend to care what the Constitution says. They know the outcomes they want, and they’ll twist the text whatever way necessary to achieve it. One wonders if they can think of a single government act that would be good but unconstitutional, or bad but nonetheless constitutionally permitted.
I’m not saying conservatives are any better, but they’ve generally spent enough time arguing about the Constitution that they can FAKE a justification of how partial-birth abortion constitutes interstate commerce, or whatever.