The Supreme Court and the partial birth abortion ban

Professor Ilya Somin at Volokh Conspiracy yesterday, with my emphasis:

... I should note that Solicitor General Paul Clement was right when he responded to Justice Ginsburg's questioning by noting that the federalism issue had not been raised by the parties to the case. Nor did it factor into the lower court's decision. Thus, it would be understandable if the Court ignored federalism issues in reaching its decision. However, if (as is highly likely) the Court upholds the partial birth ban against challenges based on privacy rights, the federalism issue could well come up in future litigation.

The first, educated 'guess' I have seen as to the decision of the Supreme Court in this matter.  Spes contra spem.