If he thinks that the states have the right to determine that innocent defenseless children can be killed in cold blood by ghouls, I think he is wrong.
The Fifth Amendment deals with this issue when it says that 'no person' may be deprived of life, liberty or property without a fair trial.
Such fundamental rights cannot be infringed by the states.
The idea that they can be was and is silly.
I think he does. He says he does.