You are talking facts, law and The United States Constitution.
Far over their heads. All they understand is emotion.
Which is fine, provided they dont try to codify their emotion.
Again, the issue is privacy rights, not abortion. An American citizen, a pregnant woman, less than 5 months pregnant, may not have her right to privacy preempted if an abortion statute manifests an undue burden on that right (
Casey, Ibid.). Each statute and situation is examined in the context of what constitutes an undue burden.
Per the right to privacy, therefore, the courts have wisely deferred the issue to the individual, her family, and her moral/religious beliefs; the government is completely inappropriate to make such decisions, the involvement of the state in this issue would be disastrous.
Your observation is predicated on a misunderstanding of the judicial process. The courts are not used, except by a citizen to find relief from the state when the state violates the citizens rights. Judges dont agree or disagree with the law, they interpret the law in the context of the facts of the case before them, guided by precedent and relevant case law. Judges who deviate from precedent often have their rulings overturned on appeal. Or if upheld, its because the judge made an accurate and compelling case for his decision, affirmed by a higher court.
Any judge who tries to use the law to his own advantage, whatever thats supposed to mean, will rarely be successful upon appeal, if ever.
The doctrine of
stare decisis provides the needed resolution to a given issue, the courts can not be forever changing precedent to conform to changes in politics; the genius of the Anglo-American judicial tradition of common law is the understanding that after many judges rule the same way over many years, a fundamental truth is realized, providing guidance to future jurists.
Indeed, that an issue such as abortion becomes settled law allows the debate to move to a more appropriate and productive venue for actual resolution.
Lets assume abortion were again banned, abortions wouldnt stop, theyd simply move underground; and such a ban would be as much of a failure as Prohibition during the 1920s or the current failed war on drugs today.
Abortion is a difficult and complicated problem, it cant be solved through legislation.
I wonder if they disallow emotion in all moral decisions?
Emotion is rarely beneficial in any decision.