Part of it is also congress won't do their job. So it leaves the courts legislating from the bench. And precedents can change as the wind blows.

If anything, it's problematic. Like, why do cops have immunity? Why do they deserve it, and why does SCOTUS get to invent 'qualified immunity'?

Of course, yet another person brings up Roe v Wade, and didn't read the briefs. The crux of that was that states had a patchwork of laws, and some of those laws required violating privacy laws. Abortion rights were predicated upon doctor-patient privacy. The briefs also stated that first trimester should be no issue for abortion, second is not recommended, and 3rd was at threat of life of mother. That's a pretty decent and well thought standard.

And....

> So was woman's right to vote?

Are you for fucking serious? Have you not heard of the 19th amendment? This isn't legislating from the bench. This is 'passes constitutional muster and is part of the constution'