But to overturn Roe now, after 40 years of women relying on the liberty it protects, would be the height of "legislating from the bench".
Nope. Not even remotely true. If the Court was to rule that abortion was now illegal in all 50 states, then that would be the height of legislating from the bench. But that is not the same as ruling that the Constitution must be followed, which is what we are asking. And following the Constitution is the exact opposite of "legislating from the bench". Following the Constitution means that the Justices restrain themselves through self-imposed limits on their power, using the wording of the Constitution as the basis for their decisions instead of inventing out of thin air some right to abortion with zero reference to the wording of the Constitution (see: Roe, Plessy, Doe, etc).
The inhibition of such action lies behind the concept of "stare decisis".
'Stare decisis' has no Constitutional foundation, nor should it ever under any circumstances be used to overrule the Constitution. Take Brown v. Board of Education, Topeka for example as a contrast against Plessy. The former case was based on the wording of the Constitution. Yet you argue that this was an example of legislating from the bench since it went against Plessy? How ludicrous! And just as ludicrous is to argue that Segregation should continue to be the law of the land because whites had relied on it for 58 years (18 more than Roe), because Plessy is Constitutional while Amendment XIV is not - which is EXACTLY what you are arguing with Roe.
Yes, there are occasional Court decisions that do not match the political mood of the nation.
I could care less about the political mood of the nation. The Constitution itself is far more important.
And if Roe is not one of them, the solution is to amend the Constitution to provide that a fetus has the same Constitutional rights and protections as a born citizen.
If you are unwilling to follow the Constitution now, what difference will it make to add another Amendment? Besides, you are already on record arguing that the stare decisis of Roe, Doe, and Plessy overrule the Constitution.
Then you can declare first trimester abortion to be murder and lock up a few million women per year.
That won't be up to me. It will be up to the people of my State. Because unlike you, I trust the citizens to shape society as they see fit, while you insist on imposing your will (at the point of a gun) on people that don't even live in the Commonwealth of Pennsylvania, in direct violation to the Constitution of the United States of America.
Legislation requires the action of legislators, not courts.
Glad to see you finally acknowledge that.
What's that you say - there's no stomach to lock up few million women each year for murder?
Uh, I never said that. Besides, that falls under the auspices of the Executive Branch of government who is in charge of enforcing (or not enforcing) the law.
Then try the route of persuasion rather than conversion and don't enlist the Courts to do your dirty work for you.
OMG! I am not the one enlisting the courts to do your dirty work! YOU ARE! I am the one demanding the courts to get the hell out of way and let Amendment X decide the outcome! Good grief, the truth simply isn't in you.