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They are on solid ground for a number of reasons many already mentioned. Every United States citizen certainly has a right to have his or her life protected by the Federal government. Here's something from a Supreme Court opinion circa 1950's:

JOHNSON V. EISENTRAGER

Citizenship as a head of jurisdiction and a ground of protection was old when Paul invoked it in his appeal to Caesar. The years have not destroyed nor diminished the importance of citizenship nor have they sapped the vitality of a citizen's claims upon his government for protection. ... Congress has directed the President to exert the full diplomatic and political power of the United States on behalf of any citizen, but of no other, in jeopardy abroad. When any citizen is deprived of his liberty by any foreign government, it is made the duty of the President to demand the reasons and, if the detention appears wrongful, to use means not amounting to acts of war to effectuate his release. It is neither sentimentality nor chauvinism to repeat that "Citizenship is a high privilege."

This isn't a question of Federal vs State but rather a question of government's obligation to protect its individual citizens. Her husband derives the legal authority to make decisions for her based on the marital bond. A reasonable person might question (gross understatement)whether he has not undermined that authority by having an adulterous affair with a woman whom he is currently living with and has fathered two children with as well.

Finally, there is the question of what is the Highest Authority. Many, including our Founding Fathers, place that authority in something other than the Constitution.