"Justices Thomas and Scalia might have voted to strike down the (Federal Partial Birth abortion ) law had a Commerce Clause objection been raised. It's possible that this law will be revisited and a different result obtained. “Justice Clarence Thomas, joined by Justice Scalia, wrote an interesting concurrence in yesterday's partial birth abortion case, indicating that he might be sympathetic to a Commerce Clause challenge to the federal partial birth abortion ban that was just upheld by the Court.” But no one — perhaps fortunately — raised the Commerce Clause, so Thomas and Scalia voted with the rest of them to uphold the ban." ref at Catholic Answers Forums,
And please don't try the "Scalia and Thomas don't believe the unborn are humans" argument, it wont fly!
Save that debate for later. I’ve got a ton of ammo, but not the time to go into it.