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 nece

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 https://en.wikipedia.org/wiki/R_v_Morgentaler