so obviously the feds have jurisdiction if they choose to exercise it. but at the heart of the Republican Party's (false) conception of itself is that they're the party that follows a narrow, originalist view of the Constitution and hence shows tremendous restraint in using Constitutional language and provisions to thwart state action. don't pretend the democratic party hasn't tried to use similar constitutional language in the past for their pet causes only to have Republicans scream that states should have significant leeway in their behavior, in defining what the Constitution means. civil rights are an obvious example.

this isn't neccessarily to criticize Republicans. politics is the art of the possible. a group or party defines their goals and then seeks to further them in whatever arena most benefits them. neither the Right nor the Left, Republican or Democrat, will allow principled stands on federalism to keep them from looking wherever they can to advance their interests. what should have gone out the window years ago and what has to go out the window after this saga is any notion of the Republicans as a states rights party. this doesn't mean they don't prize other things, like the right to life. it doesn't mean they're craven opportunists. it just means that on the federalism score (and on judicial activism, but that's a separate topic and i'm tired) they're no better than the Democrats. there is no party that stands for state power. to the extent that state power is preserved, it's preserved by state governments fighitng the Feds.