Unless those requirements are applied everywhere in the nation the whole mess will be back in Court again.
And I don't think Madison is ready to put up with those requirements.
He clearly does not appear to "get it." The conservative litmus test here is "Equal Justice Under Law," and the constitutional standard is equality in each of the State's relationship with the Central Government.
If he hasn't considered, or has considered and then rejected those ideals, he is not a "Conservative."
You've nailed it in a few simple words and he definitely doesn't "get it."