Well thought out and well-written piece, James.
But why don't the Democrats try to codify it into law now that they are in power? Are they afraid to lose abortion as a campaign issue?
The continued divisiveness it creates is great for generating campaign funds and votes. Politicians talk a big talk, but when it comes right down to it, they have done nothing to pass a federal law that would settle this issue once and for all.
There is also the likelihood that Democrats want to avoid friction over this within the party, because some would want restrictions such as abortiio until viability and others would want complete and unrestricted access to abortion.