The States have decided - and then the judges have decided against them.
Exactly
Yup.
We decided against it in Michigan by a 60/40 margin several years ago and a federal judge allowed it for a day. We got a stay but now its up to the US supreme court no matter what we decided.
Federal lawlessness is and has always been most pronounced among its employees wearing blackrobes where the very idea of law takes on a purely dictatorial nature.
They have convinced themselves and demanded we teach our children in school that this is their right, but no one group, particular one hand picked by Washington has the right to completely rewrite The Federal Constitution.
So Federal judges and their dutifully empowered army of lawyers and politicians simply tell us that they didn’t find words in a Constitution that were never written nor law that had never before been imagined much less applied under a text already 200 years old in practice.
Anyone with senses knows their fall back position is a lie that only the childishly insane or corrupt would be foolish enough to buy.