Judge says for courts on abortion "facts no longer matter"

The perverse result of the Court's having determined through constitutional adjudication this fundamental social policy, which affects over a million women and unborn babies each year, is that the facts no longer matter

The facts did not matter back in 1973 either. The "facts" that should have been adjudicated were whether or not it was constitutional to have a law making it a crime to kill innocent human beings within the womb. Instead of interpreting the Constitution, the Court, in essence, re-wrote it.