It is - but federal supremacy on interstate commerce is a core reason the Constitution was written, which means Roberts and Gorsuch will vote to uphold it. Kavanaugh is a maybe, leaning no. Alito is a probably no. Corny-Badbreath is a hard no. Thomas would probably vote to make being trans a death sentence if he could. That's 2.25 votes + 3 liberal justices who will vote on the civil rights issue depending on when it reaches the Court.
Edit: No possibility of 2 libs because of how Breyer is retiring. Fixed
It is - but federal supremacy on interstate commerce is a core reason the Constitution was written, which means Roberts and Gorsuch will vote to uphold it. Kavanaugh is a maybe, leaning no. Alito is a probably no. Corny-Badbreath is a hard no. Thomas would probably vote to make being trans a death sentence if he could. That's 2.25 votes + 3 liberal justices who will vote on the civil rights issue depending on when it reaches the Court.
Edit: No possibility of 2 libs because of how Breyer is retiring. Fixed