Commentary The most contentious issue by far in America the past five decades has been abortion. That’s because the U.S. Supreme Court, in its 1973 Roe v. Wade decision, not only made it a new “right,” but took almost all powers to regulate it away from the states. That produced subsequent decisions, contradictory and complicated, further nationalizing the issue. It was the late liberal court icon Ruth Bader Ginsberg who explained the problem before she joined the court in 1993. In a 1992 speech, she said, “Suppose the Court had stopped there, rightly declaring unconstitutional the most extreme brand of law in the nation, and had not gone on, as the Court did in Roe, to fashion a regime blanketing the subject, a set of rules that displaced virtually every state law then in force. Would there have been the 20-year [now almost 50-year] controversy we have witnessed? A less …