It depends- conservative judges vs liberal judges use to relate to interpretation of the Constitution - For conservatives if the constitution doesn't spell it out then a law isn't against it - States can make whatever laws they like as long as it doesn't go against the constitution . Liberal judges instead take into account the meaning and intentions of a law - so something like abortion relates to women's right to life,liberty and happiness. Supreme Court doesn't make laws - Roe v Wade is just an interpretation of a law that already exists. Congress on the other hand can make whatever law they like as long as the president signs off on it - they can also repeal laws like the 18th Amendment (Prohibition). For people interested- Roe vs Wade was based on the 14th Amendment and right to privacy- basically it wasn't anyone business inregards to a woman making a medical decision about her own body - This was based on a liberal interpreted- which is why a conservative court could say the constitution doesn't say anything and States can do what they like until Congress passes something that either bans abortion or protects it - but that's not going to happen anytime soon.