[skissane]

That’s not really true - because most other common law jurisdictions aren’t like the US in this regard, the US is actually an outlier among common law countries, most of which prefer to resolve controversial social issues through legislative rather than judicial processes

[vitus]

I don't disagree that the US is an outlier even compared to other common law jurisdictions such as the UK, but I'd argue that the common law framework is a necessary (albeit insufficient) condition for what the US judiciary is doing.

For instance, decriminalization of abortion in Canada: https://en.wikipedia.org/wiki/R_v_Morgentaler