However, one factor that cannot be overlooked is the impact of pro-life legislation in the states.
Which could be greatly expanded by the Life-Protecting Judicial Limitation Act of 2003 To provide that the inferior courts of the United States do not have jurisdiction to hear abortion-related cases. See argument @ Limiting Federal Court Jurisdiction To Protect Marriage For The States
FOXNews.com - Politics - Report: 30 States Ready to Outlaw Abortion
Thirty states are poised to make abortion illegal within a year if the Supreme Court (search) reversed its 1973 ruling establishing a woman's legal right to an abortion, an advocacy group said Tuesday.
The pro-abortion Center for Reproductive Rights said some states have old laws on the books that would be triggered by the overturning of the landmark Roe v. Wade (search) decision. Others have language in their state constitutions or strongly anti-abortion legislatures that would act quickly if the federal protection for abortion was ended and the issue reverted to the states.
The center found that 18 states had pre-Roe laws totally or partially banning abortion. In some cases those laws have been blocked by a court, but could easily be revived if Roe were overturned. Alabama is one state where the abortion ban was never enjoined by the courts, and could be immediately enforced.
There is a poignant aspect to today's opinion [upholding Roe v. Wade]. Its length, and what might be called its epic tone, suggest that its authors believe they are bringing to an end a troublesome era in the history of our Nation, and of our Court. Quite to the contrary, by foreclosing all democratic outlet for the deep passions this issue arouses, by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of a fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish. We should get out of this area, where we have no right to be, and where we do neither ourselves nor the country any good by remaining.
Scalia again in STENBERG V. CARHART
While I am in an I-told-you-so mood, I must recall my bemusement, in Casey, at the joint opinion's expressed belief that Roe v. Wade had "call[ed] the contending sides of a national controversy to end their national division by accepting a common mandate rooted in the Constitution," Casey, 505 U.S., at 867, and that the decision in Casey would ratify that happy truce. It seemed to me, quite to the contrary, that "Roe fanned into life an issue that has inflamed our national politics in general, and has obscured with its smoke the selection of Justices to this Court in particular, ever since"; and that, "by keeping us in the abortion-umpiring business, it is the perpetuation of that disruption, rather than of any Pax Roeana, that the Court's new majority decrees." Id., at 995-996. Today's decision, that the Constitution of the United States prevents the prohibition of a horrible mode of abortion, will be greeted by a firestorm of criticism-as well it should. I cannot understand why those who acknowledge that, in the opening words of Justice O'Connor's concurrence, "[t]he issue of abortion is one of the most contentious and controversial in contemporary American society," ante, at 1, persist in the belief that this Court, armed with neither constitutional text nor accepted tradition, can resolve that contention and controversy rather than be consumed by it. If only for the sake of its own preservation, the Court should return this matter to the people-where the Constitution, by its silence on the subject, left it-and let them decide, State by State, whether this practice should be allowed. Casey must be overruled.
I know, I know, nothing makes any rational sense when it comes to liberal judges and the abortion slaughter they've been protecting ...