I disagree strongly with Professor Bainbridge on this:
Former Democratic Congressman, Clinton Administration White House Counsel and federal judge Abner Mikva once explained that: "I support the result of Roe v. Wade. … But … in retrospect, I wish the court had stayed its hand and allowed the political process to continue, because we would have legislated the effect of Roe v. Wade in most states — not all of them, but in most states — and we wouldn’t have had to pay the political price we’ve had to pay for it being a court decision. The people who are angry at that court are angry beyond measure. As far as they are concerned the whole system is rotten because they’ve lost their opportunity to slug it out."
Justice Ruth Bader Ginsburg has likewise stated that "Roe v. Wade ... halted a political process that was moving in a reform direction and thereby, I believe, prolonged divisiveness and deferred stable settlement of the issue."
Because it is custom, tradition, and long familiar patterns that enable people to live together peaceably, social change needs to come slowly. Change and progress are necessary, of course, but sudden change disrupts social bonds, induces stress and engenders controversy as old and vested interests are upset.
Sudden change by a cabal of unelected and largely unaccountable judges is particularly likely to engender controversy.
Sometimes, and I will argue almost always, sudden change is necessary in a society as complex and entrenched as America's. The trouble of course is that change in America is more often than not symbolic (cough Obama cough) when it is sudden and spectacular and in the political process, its effects are diluted at best for many reasons, one of which is that America isn't a nation-state.
I guess my inability to find sudden change troubling explains why I can't become a conservative no matter how hard I try.