It seems to me that the case against abortion has been hitched to the conservative objection to "judicial activism." The hope for overturning Roe has been connected to the claim that had the SCOTUS refrained from "legislating from the bench," the ruling would have been avoided and state laws would have stood.
But if pro-lifers are right in supposing that fetuses are person from conception and we can know that, then the conclusion should not be to remand the issue to the states. The correct conclusion would be to press a case on behalf of fetal life based on the equal protection clause of the 14th Amendment, striking down all permissive abortion laws. That might be legislating from the bench, but wouldn't that be the correct for the court to make, on pro-life assumptions?