The issue of “States rights” was settled in the 1960’s when the law as first enacted. The question now is whether it is still necessary. When the law was recently extended the vote in Congress was overwhelming in both House and Senate (unanimous in the Senate). If the Court now says it knows better and somehow, Congress hasn’t noticed that “times have changed”, it would be an even greater case of judicial activism than “Citizens United”. And yet, people who call themselves conservative are OK with that, just because it backs up what they happen to want happen… like Republicans getting elected to office.Scalia’s comment was just trying to spin what they are up to, but seems to have backfired.