The Partial Birth Abortion Law was passed in order to give the Court a chance to overturn Roe. Thomas' concurrence said that Roe should have been overturned with the Justices recognizing the humanity of the child.  Scalia concurred but said Roe should have been overturned to support the law and he chided Kennedy, Roberts and Alito for not overturning Roe and sending abortion jurisprudence back to the states.  Kennedy, Roberts and Alito justified the PBA by invoking the Commerce Clause (which is ironic because they would not use the same provision to uphold Obamacare mandates).  Scalia is dead.  His replacement may pick up his view on abortion or he may join Kennedy et al in sticking a fork in this thing.  As it is now, an abortion case that is decided at the Circuit Court level which has to uphold Roe and Casey probably does not need further review by the Scotus.  There may never be another Certiori, at least while Kennedy, Roberts and Alito live.