This all makes sense. On the flip side I'd imagine that there are some abortion clinic operators who are already strategizing with legal foundations to deliberately bring an ideal test case as soon as possible in order to establish a favorable precedent.

The thing that kills me, is that our legal system has turned into a chilling effect factory, because laws will be on the books, but prosecutors will often cherry pick or drop cases to avoid having an explicit counter precedent established. Nevermind that precedent is roughly equivalent to a longer term executive order in nature.

At some point, our system has started to look more like a system mutated through jurisprudence, rather than through sane collective action via legislation, which seems to be held up by the political machinations of special interest groups/the two main political parties, and less accessible/approachable by most constituents apparently; which leaves these types of judiciary precedent golf games to be the seemingly more accessible form of legal landscape change.

We're looking more like a country ruled by judges than by anything resembling some sort of sense in terms of how we architected the Government.

I'm not even sure I could pinpoint where the specific hangup is, or suggest a reasonable change without several years to really absorb the structural aspects of the system, and painstakingly listing out the inputs/outputs.