Cummings said he believes Article 3, Section 2 gives Congress permission to limit and abolish in some cases federal appellate courts.

“I will introduce a bill that withdraws completely and absolutely federal appellate jurisdiction over state marriage and family laws,” he said. “That will restore to the states their authority to make their own marriage laws as they determine, not to be determined by the federal government. I will include within that withdrawing all appellate jurisdiction for abortion laws and similar matters — all to be determined by the states.”

Cummings opposes same-sex marriage and abortion. If the states were solely required to regulate such matters, the country would likely become a checkerboard of different laws on social matters. California, for instance, would likely extend marriage to all. Conservative states likely would not.

“Some states would make very bad laws, but that’s not Congress or the federal judiciary to fix those bad laws,” he said.