Very little in way of regulation, authority, and litigation should be occurring at the Federal Level. Congress has over delegated its rule making role to agencies which have then imposed authority over state counterparts.
That is not the way it is supposed work. States need to litigate, nullify, legislate to resist over expansion of Federal rule/policy/authority. Otherwise the concept of Federalism or a Constitutional Republic will be lost.
THIS IS TRUE REGARDLESS OF THE PARTY OCCUPYING THE HOUSE, SENATE, OR PRESIDENCY!
They should but won't if their hearts melt in fear.
It is not always about the Constitution of the country. It's also about the constitution of her leaders.
After the Election, Republicans were asking, "Do I have to lead? Can't I just follow?"
"Can I have permission to exert my authority? I'm nervous on a good day. Scared on a bad day."