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losers, the satisfaction of a fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the court merely prolongs and intensifies the anguish.

“We should get out of this area,” he urged, “where we have no right to be, and where we do neither ourselves nor the country any good by remaining.”

The Court should have listened to Scalia the first time. Now, Alito’s opinion opens the way for it, after one of the most catastrophic misadventures in its history, to finally heed his wisdom.

Rich Lowry is editor of the National Review.

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