Trump won't have 60 votes in the Senate to create a national ban either. And he can encourage red states to impose draconian laws as President or a private citizen. He has no legal power.
Judges are the only real argument and a valid one.
Although Biden isn't exactly putting abortion at the top of his selection process. And that doesn't even account for all the openings he hasn't filled in the federal system or the blue slip rule he's still abiding by. Or the fact his unpopularity may cost Democrats the Senate and make all this judge stuff moot anyway.