Well, some states have the death penalty and some don't. So that should answer your question as to whether states have the rights to make their own laws.
The states have the right to set up their own judicial system. All of them have separate branches of government. If a state court believes that the federal government has no jurisdiction or constitutional authority to impose in a matter, they absolutely have a right to rule that way.
It's subject to being overturned later, of course, but it's not anything that is an affront to the US constitution. Anyone who thinks the US Constitution gives unlimited power to the US Congress to do anything it wants is a Democrat or worse.
Have you heard or seen what Ron Paul, the great Libertarian, stance is on this issue?
The point is not states rights nor separation..., it's the fact that liberals focused on government control until Bush. Thereafter they were forced to mandate through the judiciary, which in this case, is telling big government to get screwed. Not only do I find that aspect interesting, but these are lifetime appointments of people who are realizing they can dictate to Congress - that's what fascinates me. Imagine one of these power hungry jack-offs at the point where he/she turns on their party.
As far as the death penalty, explain gay marriage...
I haven't yet been able to locate convenience murder aka abortion in the Constitution. I am not being self righteous about the subject, I simply equate this debacle with it.