Well technically Roe V wade decision was made under the premise that restricting abortion ran counter to the 14th amendments diddy on due process (identical to the 5th amendment for the most part). It just made it applicable to the state at that time, and thats the problem with Roe V wade, it strikes right at the heart of states rights. I honestly havent reconciled this one completely because the constitution should supercede the state but the 14th amendement as the justification seems to be out of time (given it was written primarily an amendment dealing with slaves).

However Adrian has a point, the system we have mandated they do something, so they defaulted to due process in the constitution, its about as fair a compramise as our system would allow.