Après Alito, Le Deluge

A wise Kirk Johnson report in The New York Times notes that with the new justices confirmed and unsettling abortion precedents, we're now due for another ugly era of legislative boundary pushing. It's clear that the votes don't exist at this point for a straightforward overturn of Roe or Casey, but also clear that the votes do exist for a substantial narrowing of pre-existing doctrine. What's more, some circuit courts are already very rightwing and no doubt chomping at the bit to push the boundaries, as are legislatures in at least some states. Thus, we can expect a big new tide of legislating, at both the state and federal level, followed by a big tide of litigating, appeals, etc., etc., etc.