That is exactly why I have a problem with Alito's (leaked draft) reasoning. He could have addressed the issue of "personhood" as Justice Potter Stewart almost did in Roe.
He COULD have sent a clear message that (per fetal homicide laws) and for other reasons based in biology, a child in the womb is a human being and if it is recognized as a person (murder victim) in one legal setting, they must also be recognized as persons in all other legal settings.
But, so far, he has not done so.
As a result, it will be kicked back to the States and eventually, yet another case will make it's way back to the SCOTUS for them to try again.
Until, one day (maybe) they will finally deal with the child's personhood and 14th Amendment rights that have (to date) been systematically denied.