There’s actually a big difference between Thomas and Warren on this issue.
Thomas, citing Constitution, TELLS the federal government that this is none of it’s business, and to back off.
Warren, ignoring Constitution, ASKS the federal government to back off, assuming that the federal government has the authority over this, unless federal legislation is passed to “permit” that to be delegated to the states.
Completely agree.
It does suck that fedgov is in a position to “grant” power to the states in this matter, which it usurped from them in the first place.
Even so, I am in favor of fedgov doing this across all areas where it doesn’t belong, such as education, health care, etc. Such legislation strengthens the states vis a vis fedgov. While it doesn’t strengthen the Tenth Amendment de jure, it does strengthen it in fact, IMO.