No - they took the position that there was nothing in the Constitution about abortion so it was a matter for the states.
a) That's an allusion to Amendment #10. It's wrong. Evidently a deliberate agenda-driven, usurpation-driven misinterpretation of the Constitution. CERTAINLY the States have statutory authority. BUT !! There's nothing in the Constitution which accords any U.S. government (local, county, region, State, federal or other) authority to infringe or usurp individual citizen / human rights.
b) Therefore:
- They are wrong by standard of the most fundamental humanity. And
- they are wrong by millennia long tenured standard in law *. And
- they are wrong in Constitutional law !!
Constitution of the United States of America - Bill Of Rights - ARTICLE #9: Ratified December 15, 1791
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
THEREFORE:
In practical terms,
according to the United States Constitution if there was no law prohibiting A SPECIFIC OB/GYN PROCEDURE in 1776 then by the standard these pseudo-con judicial activists have already applied to guns, women's reproductive health issues MUST be left to her, her medical team, her spouse, and her trusted associates. Government has no legitimate authority to overrule her or them.
* quod alias non fuit licitum, necessitas licitum facit:
What otherwise was not lawful, necessity makes lawful.