> It is a huge tactical blunder that will force the states' rights issue into court and either result in a victory for the states or massive public discontent about federal overthrow of popular state policies.
The states already lost; this already went to the Supreme Court before Congress restricted such prosecution, and the feds won completely.
What will go to court next—unless Rohrabacher-Farr fails to be renewed (it's included in the most recent stopgap spending measure, but that expires, IIRC, later this month) before any prosecutions under the new DoJ policy—will not be a Constitutional states rights issue, but a federal statutory interpretation issue over whether DoJ is prohibited by Congress from this action.
The states already lost; this already went to the Supreme Court before Congress restricted such prosecution, and the feds won completely.
What will go to court next—unless Rohrabacher-Farr fails to be renewed (it's included in the most recent stopgap spending measure, but that expires, IIRC, later this month) before any prosecutions under the new DoJ policy—will not be a Constitutional states rights issue, but a federal statutory interpretation issue over whether DoJ is prohibited by Congress from this action.