What if Hawaii wanted to legalize slavery, or infanticide?
Slavery is banned by the U.S. Constitution. Infants are persons also protected by the Constitution. The Supreme Court or a Constitional Amendment would have to clarify whether the unborn are person subject to the protection of our laws. Currently we recognize a distinction between the born and the unborn. Even in S.D. the penalty for abortion is 5 years for the doctor, and none for the mother who cannot be prosecuted. A woman who has an abortion performed on her the day before her due date cannot be charged; a mother who has a doctor kill her day old newborn can be charged with murder.
Each state will ultimately decide if abortion should be legal in that state, and under what circumstances. Hawaii has taken the opposite position of South Dakota. While I may disagree with Hawaii, this will be the end result of overturning Roe. And, honestly, while I applaud what South Dakota did, I'm not surprised that a state has acted to furhter liberalize. In economic terms it's a marketplace, and Hawaii is capturing a segment of the market.