It doesn't have to be.
Abortion is a State's issue.
Had the Feds stayed out of the abortion argument, we would see the issue decided on a State by State basis by the people who painted the map red this past November 2 and passed every single marriage amendment on the ballots.
The trick is to get this issue out of the Feds hands, and back to our hands.
Then, we need Legislators who write just law, and Judges who uphold the laws as written by the legislatures.