Where in the Constitution does it say that the Judicial branch makes laws? They "interpret" if laws passed are Constitutional. Now, with that being said, we have seen many times of this being abused by activist judges. The 7 that ruled abortion is a Constitutional right, "felt" it needed to be. So, they used the "right to privacy" clause in the Constitution to validate their feelings. Again, it clearly violates the 10th Amendment. This is why it's stated that the right to an abortion was created out of thin air. But, you are right, we have to, unfortunately, abide by these bad rulings until we can get them changed.