The problem with judge made law is that it never has a chance to gain the support of the people. If abortion policy were decided through the state legislatures, there would be an energetic debate to decide that policy. Legislators would have to advocate one position or another and would risk losing their seats if they could not convince enough voters to support their position. Through this process, a public consensus could emerge.
Instead, the law is imposed upon us and there is not chance to hammer out the details. As a result, the electorate is divided into warring factions, with no consensus-building mechanism to bring them together. It will remain so until power is handed back to the people.
Well said. Save for future posts.