There's nothing to stop the next administration from challenging it. This is the biggest problem in my mind. I'm happy that things are moving in a direction I agree with but I view the patchwork of state and municipal legislation as sub-optimal and largely a work in progress.
Sates could raise a defense of laches, which is a legal doctrine that basically says 'you had your chance and let it pass.' Although the rules regarding timeliness of litigation are fuzzy, courts take a dim view of attempts to 'turn the clock back' if people have had time to get used to the new situation.
So a state passes a law that the Federal government or some group of citizens dislike and a lawsuit rapidly ensues, that's a fair enough controversy and it may even be possible to have the law held up by injunction. But going back to challenge a law that has been around for a while is not so easy. Other factors include whether the challenge is coming from above or below (it's easier for a powerful body like the federal government to marshal the resources to sue, so there is less excuse for a delay in doing so) and whether the aim of the lawsuit is to expand or constrict freedoms (in general, expansion is viewed with greater favor).
IANAL, and no citations will be forthcoming for general remarks, since exceptions certainly exist.
Exactly. The whole notion of relying on someone else's good graces to not be considered a criminal by your own government is completely absurd. Especially an individual(s) who supports whatever position they think will get them (re-)elected.
