Everyone one knows there is no constitutional right to an abortion. Our problem has been we can't get constructionist judges on the bench. the point is that gonzales is such a judge. Why blame him for the suit is flawed from the beginning. That is legislating from the bench. Exactly what we don't want.
Let's assume for the sake of argument that that is what he would have been doing. Nevertheless, he would still be obligated to disregard a law that decriminalizes grievous intrinsic evil.