"As you state, he overturned the ban on partial-birth abortion because it didn't provide an exception for the "health" of the mother."
It was struck down on the basis of precedent, which was set by the Supreme Court. Alito concurred with the decision. As I understand it, Rehnquist reportedly concurred as well. There is a right way and a wrong way to go about things, here. Bad or poorly written law should be struck down, whether we agree with the intent of that law or not.
How do you regard Planned Parenthood v. Casey in Pennsylvania?