Horrible as it is, I would settle for life being a state issue (ugh!) if I thought the federalism principle would be applied consistently. But in reality it is trotted out only in an effort to fight conservatives during disagreements like the Shaivo case. If a husband were seeking to execute a healthy wife with the blessings of a state judge (the state legislators wanted to help Terry) then I would certainly hope the federal gov’t would step in. Terry’s husband shouldn’t have even been considered her husband legally since he was living with and having children with another woman.
I’m disappointed. The first chink in Thompson’s armor for me, I’m afraid.