Here's Radley Balko arguing for a federalist solution to the abortion debate:
While it's unlikely that the Founding Fathers anticipated the abortion debate, they did give us a framework around which to govern on issues just like it — highly emotional, high-stakes issues that go to the core of one's personal values and beliefs. They rightly recognized that the federal government is far too unwieldy and clumsy to deal with such delicate matters. These issues are best legislated by the states — or, better, by cities or counties. We can then choose to live under laws that most reflect our values. We vote with our feet...
The best solution is robust federalism. Forgo Roe, and let each state set its own policies on abortion. Those for whom abortion is an important fundamental right can live in areas where abortions are widely available. Those adamantly opposed to any and all abortions can live in jurisdictions that ban the procedure. People like me could live in communities where our tax dollars won't be funding abortions.
I think Balko is on to something. If the last few decades have shown us anything, it's just how intractable the whole debate is, particularly since it is most passionately debated by the 'true believers' of both sides. Here's Balko again:
Perhaps the most pertinent criticism of the federalist solution is that people with strong beliefs about an issue like abortion aren't content with applying those beliefs only to themselves and their immediate communities. Pro-lifers want it inscribed into federal law that life begins at conception, with no exceptions. Abortion-rights advocates want federal tax dollars to pay for abortions for the poor, despite the fact that some of those tax dollars come from citizens with moral objections to the procedure.
True believers, then, would never accept a federalist solution on a volatile issue like abortion. They'd rather impose their own values on everyone else. But after three decades of poisonous abortion politics, perhaps it's time the rest of us considered it.