Wrong, Wrong, Wrong. Scalia gets an F. The founders (those present at the founding, i.e. the signing of the The unanimous Declaration of the thirteen united States of America stated
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,
un·al·ien·a·ble: adj. Not to be separated, given away, or taken away; inalienable.
The majority can ONLY exercise JUST power. Majorities can never justly violate unalienable rights or natural rights. A long train of usurpations of these rights legitimates forcible resistance.
This is the UNANIMOUS declaration. It is THE fundamental, foundational principle of this Country. Those who gainsay it should be heaped with derision and scorn for they invite violence, strife and evil to befall this great land.
Yet abortion was not absolutely illegal in the 13 states at the time, so there was, even then, difference of opinion, among the founders, as to when life, as they were referring to it in the Declaration of Independence, begins.
Scalia is as much as saying “the people”, in the states, have no federal mandate against your interpreation and in support of abortion - as Roe tries to say. Which is why he opposes Roe - there is no Constitutional mandate in favor of abortion.