This is not the story.
The story is Roe v. Wade overturned due to heinous corruption of the US political process in favour of the religious right and free market libertarians.
The story is Roe v. Wade overturned due to heinous corruption of the US political process in favour of the religious right and free market libertarians.
> The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
I agree with you in principle but AFAIK "actual laws" have never been necessary when the SCOTUS has declared a Constitutional right. Individual states don't need to codify a right to keep and bear arms, or freedom of speech or religion, nor can they choose to re-enable slavery or segregation, because those have all been decided at a higher level.
"Legislating from the bench" is considered poor form in legal circles for a reason.
And it's somewhat unclear to me why this should be a federal issue at all... isn't murder a state issue?
That's an odd framing for a self-described "pro-abortionist" to use, but no, obviously federal law against murder exists[0].
But of course the question of whether or not abortion is a matter of murder, fundamental bodily autonomy or both is a quagmire not worth getting into. Not that it's relevant to Roe v. Wade, or its appeal, because that rested on the question of the existence of a fundamental right to privacy and stare decisis.
I mean, read the dissenting opinions on Dobbs[1]. I think a good case is made there as to why this shouldn't be an issue left to the states, and why Roe wasn't repealed because it was bad law, but because the court was stacked with ideologues who were opposed to Roe for religious reasons.
You should be at least as angry about that as Roe itself, if not more so because that represents a far more egregious corruption of the system, but I suspect you aren't.
[0]https://www.law.cornell.edu/uscode/text/18/1111
[1]https://www.politico.com/news/2022/06/24/read-supreme-court-...
The story is Roe v. Wade was overturned due to the US political process working exactly as it as designed to, with the religious right telegraphing their play for decades, and progressives doing nothing about it except trying to fundraise on the aftermath.
More seriously, there has been substantial opposition to the anti-abortion long game but it's not easy to secure abortion rights in Nebraska from NY without federal law. But Roe made securing abortion federally a little moot and maybe not the hill a slim majority wants to die on when they have other priorities. Then they didn't get justices to retire when they could be replaced, although it's questionable that would have been allowed to happen anyway. Bad strategy but not complete inaction. They have been trying to oppose laws in states but gerrymandering means that the Right gets unfairly more representation in those states like Georgia.