The states are going to have to tell the Federal government to back off.
Texas Gov. Rick Perry: 10th Amendment Gives States the Flexibility to Meet Challenges
http://southtexas.tenthamendmentcenter.com/2011/04/texas-gov-rick-perry-10th-amendment-gives-states-the-flexibility-to-meet-challenges/
I respect that Perry has some committed supporters here, but he doesn't pass my litmus test due to Gardasil and amnesty, among others.
Regarding his instincts, those two issues especially lead me to believe that you can take the boy out of the (demonrat) party, but you can't take the party out of the boy.