I agree with @asymmetricinfo that tit-for-tat and responding to escalation n-1 with escalation n will lead to disaster.
...but NOT doing that will also lead to disaster. We've got rioting Maoists calling for guillotines and out of touch elites who hate us.
So why not #BTFSTTG ?https://twitter.com/asymmetricinfo/status/1308526006316212225 …
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No we wouldnt, though. No way Ds muster the will to do it without Rs filling this seat. Manchin and Biden were opposed to it before this, but now? If that seat gets filled? Its total war, the nukes are coming out. Even if Rs counterpack, that just gets us back to status quo.
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maybe if the seat isn't filled Ds pack the court two years after they take Congress next, rather than six months big deal you can't make any credible promises of nonaggression on behalf of your side; no one is going to believe it
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There's worse things than a SCOTUS biased against you, just as there are worse things than police biased against you. There's a lot of ruin in a nation, and many steps down the road are much worse to live in.
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There might not always be space to escalate further, but there's definitely some now. Packing SCOTUS (or playing dumb with it) is a step less than simply ignoring it wholesale, or ignoring state equivalents, until there's no idea what is lawful and what is not.
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