In Dobbs v Jackson Women’s Health Organization, Justice Samuel Alito gleefully declared that any recognition of abortion was surely “calculated to perpetuate give-it-a try litigation” before judges “assigned an unwieldy and inappropriate task.” Continued adherence to that standard,” he said, “would undermine, not advance, the evenhanded, predictable, and consistent development of legal principles.” That’s legalese for getting the courts out of the abortion business. If it was proliferation of litigation that the good justice was concerned about, his cure was worse than the disease. It now seems certain that Alito’s decision has opened the floodgates of litigation testing the permissibl
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