[jwalsh07]

Well others would disagree with you--some state governments would. State governments did, and law was put into place. Now those laws don't exist because they were found to be unconstitutional

Right, by six Americans in robes.

Why have legislatures?

In fact why have states?

Why the hell not just eliminate Congress at the federal level also and let 9 folks dictate?

[Torie]

Why have legislatures? In fact why have states? Why the hell not just eliminate Congress at the federal level also and let 9 folks dictate?

Well, it would be cheaper that way, John, and help to cut the budget deficit. Moreover, the existence of states, really creates complexity in the legal system, because you have two parallel court systems, state and federal, which is a full employment act for lawyers. The US has the most complex jurisprudential system in the world.

You are a fiscal conservative aren't you, along with your troglodytic social policy instincts?

[huck von finn]

Because this had to do with the U.S. Constitution. Look, there are some SCOTUS decisions I haven't agreed with, and at the time I believed that the SCOTUS had no business in the matter either. But too many people are screaming "states' rights" over this simply because they don't like the decision.

[Luis Gonzalez]

As a follow up, and the resoning behind the scenario is this bit from the US Constitution:

Article III

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.