If the federal government wants to wield its full authority on immigration, for example, it will be hard for states to object, because that’s an area where the courts have said the government has a clear capacity under the Constitution to do what it wants. Another problem is that over the past decade, we’ve argued in court in favor of administrative latitude in decision-making. Now, by asserting the primacy of states rights, we’re flipping that argument on its head. How do we go back to all these cases where we’ve been arguing for executive discretion and say, “Oops, we didn’t mean it”?
Source: Notable & Quotable: ‘Oops’ – WSJ