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The template for deciding what constitutes a viable and successful review is founded on the philosophy of the Constitution and Bill of Rights.

We are granted a right and the Supreme Court reviews cases to make sure that we have access to that right.
Take the Right to Bear Arms; what law is that?

Can I carry a rocket launcher? It is not specifically prohibited in the Constitution is it?

They look at the situation and see if it conforms to what the framers intended the rights and privledges to be in that case. If the rights of a citizen or entity are not respected pursuint to a legal ruling by a lower court they overturn the ruling. So again I ask:
What means legislating from the bench? Thats what they are supposed to do.

The case of Roe V Wade is the big trump card the bench guys use to illustrate their point. The Const. and BOR say nothing about medical procedures. But they do say a person has a right to privacy meaning to be in control of their personal destiny. Regardless of how you feel on the issue there must be a standard by which all citizens can judge their right to medical intervention. Be it one way or the other it must be respected for all citizens and not just some in one state and not another. Thats the job of the Supreme Court; to see that the rights of all entities are protected under the Constitutional umbrella.

John,
Where do you infer this right in the COnstitution?
-akhilesh

Now you ask where in the constitution this right originates.
In the original document there was no Bill of Rights simply because the fathers did not see a need explaining that the Const. itself provided those rights enumerated in the BOR.
However some of the original founders felt there might be a mis-understanding down the road so they all agreed to draft and ratify a Bill of Rights and that is what we see now in the smithsonian.
Now while the main body of the Constitution spells out what the Government may do and what it must do; the Bill of Rights spells out what the Government MAY NOT DO.
It can't search or seize your property without due process
It cannot hold you in prison without trial
It can't enact laws abridging the freedom of speech/religion/or the right to bear arms.
And various other prohibitions on Government activity are spelled out.
The Ninth and Tenth amendmendts were enacted to make sure there was absolutely no mis-understanding concerning the LIMITED power of the government granted by the Constitution.
Amendmendt IX The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Amendment X The powers not delegated to the United States by the Constitution nor prohibited by it to the states are reserved to the states respectively or TO THE PEOPLE.

Now where is the right to privacy? It is clearly in those two amendmendts and the Bill of Rights.
The Government has no power to tell people what to do except in areas specifically authorised in the Constitution.

You can't find the right to privacy spelled out in the Constitution? You can't find a right to be married spelled out either; or any other personal right. But that doesn't mean it isn't there.