I never suggested judges and juries MAKE laws. I said judges and juries (and lawyers for that matter) help interpret and apply the law. That's what the courtrooms are for.
The law states that unborn babies can not be aborted once part of their blob of tissue passes the birth canal. That's the law Congress passed that applies to interstae partial birth abortion. Where in the Constitution do judges get the power to interpret that as other than what it says which is, partially born babies shall not be torn limb from limb?