I don't get your point. Any overturning of Roe would send the issue to the states.
Personally, I don't think the Court should 'send it back to the states'.
I think they should rule that abortion in any form anywhere is a blatant denial of the most fundamental God-given liberty of the pre-born American.
And I think there is plenty of grounds for such a ruling in the Bill of Rights.
My point is that Roe would be overturned not on the basis of an unborn child's right to life. Once overturned, states would have the "right to choose," as democrats put it. A right of the unborn to life will not be asserted by the court. If the people wish to assert such a right, they can amend the Constitution. Otherwise, Scalia-minded justices intend to leave it to the popular will. That's the right to choose, not the right to life.