Hopefully:
I've seen some advocation for this, but how is it possible? How can federal legislation prohibit states from banning abortion? Wouldn't that violate the 10th Amendment?
Congress has the power to regulate interstate commerce (United States v. Lopez). Any federal legislation codifying Roe would regulate the basic economic activity of providing reproductive healthcare services in a marketplace. Congress, not the states, has the power to regulate these services; federal law preempts state law on the subject (Gibbons v. Ogden).
Worth noting, it can all be true that:
1.) Wickard & Gonzales are abominations, but;
2.) Even under the Court's narrower interstate commerce interpretations of the past 3 decades, the economic provision of abortion services easily qualifies under Rehnquist's Lopez reasoning as Congressionally-regulatable intrastate commerce that legitimately has a substantial affect on interstate commerce, which is important because;
3.) Dobbs explicitly didn't leave the legislative power to regulate abortion to the states alone but merely precluded recognition of a federal constitutional right to it, thus returning consideration of the matter to the people's elected representatives in general; that is, leaving the power to regulate abortion to the states only in the absence of preemption by any constitutional federal regulation legitimately within a Congressional purview, like interstate commerce (as was implied by the partial-birth abortion ban case taking for granted the legitimacy of the congressional power over the provision of the medical procedure due to its connection to interstate commerce).
Unconstitutional, though it's not like that's anything new.
How would it be unconstitutional? The whole thrust of Dobbs is that the Constitution is (supposedly) silent on the issue of abortion.
Dobbs left the issue of abortion to the states. That is the primary premise of it.
Kavanaugh's whole concurrence was, notably, about leaving it to the people's elected representatives. Whether pro-life conservatives or libertarians such as John Dule like it or not, there are 5 votes on the current SCOTUS to uphold the WHPA just on the basis of the Lopez case's narrow interstate commerce grounds, the double-edged sword of that being that a national abortion ban is legally viable on the same grounds.
