You know, it is clearly "Constitutional" to do so IMO, but I suspect this or some similar case to go to the Supreme Court in the near future. So here is the conundrum -- what if the Supreme Court says State's sovereignty under the 10th Amendment is not "Constitutional"? Or in other words, when if ever, will the States, in concert, be willing to contest the decision of the Supreme Court as unconstitutional and if or when they do, then how will the conflict be resolved? At some point, the American public at the local and state level are going to have to be prepared to reject any Supreme Court decision that is clearly unconstitutional, or else be resolved to the fact that the Constitution is no longer valid and that appointed for life judges are the supreme law of the land. Interesting times. Has a Supreme Court Justice ever been impeached? Maybe it is time to start thinking in those terms, especially in the upcoming elections.