1. Yes, they say as much in the opinion. (Take it for what it's worth). I think conservatives have not factored this into their plan. 2. I think at some point people will punish parties for that. Right now both parties could take absolutionist positions on abortion (late term versus outlawing for all reasons) because they didn't have the power to do anything because the USSC ruled on the issue. That made it a red meat promise to their supporters, without them ever having to really do anything about it..

now they do.