Sorry, the Supreme Court arrogated that decision unto itself in a laughable ruling that even liberal law scholars like John Hart Ely deride: John Hart Ely, former dean of Stanford Law School and a supporter of abortion rights, has written, Roe "is not constitutional law and gives almost no sense of an obligation to try to be."
In Roe, the Court undid the laws of about 47 states, our nation's real "societies."