[Theophilus]

The Federal government has a duty to protect the fundamental right to life in any event that a state should fail to do so. Just like the abolition of slavery.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

[Reily]

With those interpretations all for the state the state is all!