Potentially, though unlikely. But that would be up for their legislatures to decide.
So if the states supreme courts said "Send our people home"
The state supreme courts could not say "send our people home." It could only say either you do or do not have the right to conscript them into the regular army. The legislature could then decide whether they would be employed as a state militia and in what capacity. and the Davis regime said "No" then what power did they have to make the Davis regime abide by their decisions?
Try not providing the troops Davis requested.
So what you are saying is that the state legislatures weren't required to obey supreme court decisions?
The state supreme courts could not say "send our people home."
In your world, the state supreme court had the authority to decide what acts of the confederate congress were constitutional and what were not. So if a state supreme court ruled that the Davis regime could not draft the men of their state then wouldn't that mean that those men already drafted would have to be discharged? And what power did the states have to compel that? And if the men of Texas were not subject to conscription then why should the men of Louisiana or Georgia?
free dixie,sw