[gunnut]

They would likely fall back on the commerce clause. Working women having or not having children impact the workforce and therefore interstate commerce. There is other legislation that has been passed on flimsier connections to that clause that so far are still law.

[Thilly Thailor]

I suppose you're right. The Wickard case (1942) would support that view. Maybe that will be the next SCOTUS case - does the Commerce Clause support broad federal regulation of abortion? I'll bet SCOTUS as it's now constituted would say no.