Psychology is doing their best, it’s just that their best isn’t great compared to most other modern medicine. At this point, autism is still held by many in the same way it was in the 90s, only the negative traits, as some developmental disorder, etc. Some of the best tests compare the average answers to questions like that from previously diagnosed autistic people and non-autistic people. The way we think is so different, I’d wager studies would find this sort of difference with anything they asked, assuming they asked the question in a certain way and the autistic person gave the first answer that came to mind instead of the answer they’d give when masking. That doesn’t make the test invalid, it just proves how profoundly different the neurotypes are.
Autism wouldn’t be a disorder if everyone had the neurotype. The label is still strongly attached to the diagnosis given to people with this neurotype who also have severe mental disabilities. People still resist giving the diagnosis to high functioning adults, which muddies the field’s ability to study the neurotype and throws off all the statistics.
Plenty of precedent for federal government to get involved. Voting rights act (1965) would be the most recent significant example that comes to mind. Constitutionality at that time was challenged and upheld as the states were violating the constitution by disenfranchising African Americans.