@approxinfinity It had to go to the Supreme Court. The issue presented was whether restricting someone from getting an abortion unconstitutionally violated that person's rights. Constitutional rights are national in scope, and equal protection cannot be infringed by states under the 14th Amendment.
That some people base their opposition on religious underpinnings does not make the issue involved a religious one. Think of it this way: if I believe that God wants me to have access to a gun, that is irrelevant to my constitutional claim to have unrestricted access--that right is in the Second Amendment. Similarly, my constitutional right to vote is based on the 4 amendments that deal with voting, not my theological contention that religious people who want to deny it are wrong.
The huge problem, though, for abortion rights is that unlike those examples, they are not spelled out in the Constitution. Instead, they are based on a "right to privacy" that is a judicial construct from the Warren Court of the 1960's. Primary among the cases creating it was the Griswold case (1964 or so?) saying states could not restrict access to contraception.
The Court at that time started a process of finding rights in what was called the "penumbra" of the Bill of Rights, which basically means that these are rights to be free from government that are so inherent they need not have been spelled out explicitly.
This is the basic conflict between "strict constructionists" and "living document" schools of thought. The former decries adding rights that were never imagined by the framers. The latter believes that the changes in societal conditions since 1787 bring up new situations implicating the ability of Americans to free, and require broad interpretation to protect the framer's goal of preserving that freedom.
Roe could have been based on stronger constitutional grounds, but Blackmun went far afield and the result has been chaos. He could have simply said that absent medical reasons, the state cannot prohibit abortion as a violation of equal protection: in no other situation is someone obligated to put their own life on the line to preserve another, as is required of a pregnant woman forced to continue to delivery. (That is a theory my Con Law professor had, but I have not seen it urged many places.)
He could have stretched the 10th amendment, finding a right to privacy in the "powers . . . reserved . . . to the people." This would have created other problems, because the amendment discusses affirmative power held by states and the people, rather than the feds; it has never been a restriction on states criminal powers.
Anyway, Blackmun invented the trimester breakdown, coupled with the viability standard, apparently as a compromise to get a majority. With absolutely no textual basis and no absolute bright line of protection, it has invited attack ever since.
My own feeling is that Blackmun believed, as did many of us liberals back then, that technology might end the controversy. There was a hope, I suspect, that there would be developed a means of ending pregnancies by transplanting fetuses to willing recipients at an early enough time as to involve no more discomfort or danger than legal abortion (This was a naive hope, I now realize.)
I think Roe will be overturned. I also think that it wouldn't be in such great danger if the abortion rights movement had shown more respect for people who have such a huge distate for the human cost of abortion, but that is a different discussion that also requires recognition that pro-lifers have not demonstrated enough concern for the lives affected after an unwanted birth. Suffice it to say that neither side allows the other any legitimate standing in the debate.
Until a foolproof and safe method of preventing pregnancy is developed, the mess will continue.
Edit: I was writing during several preceding posts, so I haven't read or addressed those after 'Prox's one that began with "My point is that this shouldn’t have gone to the Supreme Court."