"You could have 50 different states having 50 different regulations... until they were all litigated out"

This quote by Antonin Scalia is describing the capacity for a large number of states to have different guidelines on the very same concern. This might result in a circumstance where each state has various laws and guidelines, and the only method to deal with the differences in between them would be to take them to court. Scalia is recommending that this could result in a situation where the courts are overwhelmed with cases, as each state would have to prosecute its own policies. This could be a long and pricey procedure, and it could result in a situation where the courts are not able to stay up to date with the variety of cases. Scalia is cautioning that this could be a difficult situation to manage, and it might result in a circumstance where the courts are unable to solve the distinctions between the states.