[[What I would love to see is someone challenge it and take it all the way to scotus.]]
NY’s ‘safe act’ was brought, but SC refused to hear it i believe- if i remember right they said it was a state issue-
Your memory is most likely inaccurate since the SCOTUS rarely announces the reasons why it refuses to take a case. Sometimes the reasons have nothing to do with the merits of the case; sometimes the concern is that case could produce a bad precedent. Indeed, if I recall correctly, the NY Safe Act case, if cert had been granted, would have gone to the SCOTUS after Scalia's death, but before the appointment of his replacement, and in all likelihood, the Court would have voted 4 to 4 to affirm the lower court decision, and effectively bar challenges to the Safe Act at a future date.