There was 40 years for abortion to be codified in law. Blame the legislators, not the court.
Roe v. Wade determined that the Constitution itself implied abortion as a right, meaning that there already was a law on the books which protected abortion.
At one point, the court determined that access to abortion was a right, according to the 14th amendment. Meaning, that the 14th amendment was, among other things, a law that granted the right to access abortion services.
Later, the court decided to override their precedent, and declare that the 14th amendment did not grant the right to access abortion services.
I think you need to define what a "real law" is, and how the 14th amendment doesn't qualify in this context.