You know that abortion is the state’s issue? It would fall under state’s rights. Roe v. Wade applied no federal mandate, it is up to individual states.
I have seen this argued both ways. It may not be a State's right issue if the argument is made that abortion denies one of the Constitutional protections of the Fifth Amendment to the Constitution: .....nor be deprived of life, liberty, or property, without due process of law...
I've also seen argued 13th amendment be used as it forbids one from owning the life of another. I think it is most efficiently fought on the State level first, but it is an issue that could be fought on both levels.
Not according to Sotomayor and most all of the libs in this country