Quote:
Originally Posted by SEC_Chick
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The 10th Amendment has been well known to liberals for a long time. It was argued in some of the cases looking to overturn the so-called "Defense of Marriage Act", for example.
I suspect that argument is a loser in most courts - the argument that the 10th amendment cases on taxation from the 19th century survive the passage of the 16th amendment strikes me as very difficult - but I'm betting they're leading with it to test whether this particular court might want to find some case to expand 10th amendment jurisprudence. The better argument strikes me as the Equal Protection one, but obviously Equal Protection arguments are, shall we say, disfavored right now.
