The Court’s job is not to determine which rights we should possess but rather which rights we do possess.
www.theatlantic.com
Here is where the differences between conservative and progressive jurists are perhaps starkest. Going back to Justice Ginsburg’s 1992 remarks, she argued (quoting Oliver Wendell Holmes) that “judges do and must legislate.” Even though Justice Ginsburg argued for a change slower and more interstitial than
Roe, conservative justices such as Alito would still strenuously disagree.
Instead, enacting legal change is precisely the role of the people’s elected representatives. Legislation is for the legislature, and if the people of the United States want to create a right to abortion, they have that power. They had that power before
Roe, and if Alito’s opinion holds, they will still have that power.