[thwythwy]

"If the Court follows the 10th Circuit, then the public has a chance to determine whether it wants to accept that result." The public already has that chance. This isn't helping. It's based on a flawed theory of change that court decisions provoke successful political backlashes that overturn the decisions. Being able to express yourself in a patrician cadence and couch your arguments in terms Courts understand does not make you a net-sum-positive political actor at the highest level of democratic power. This isn't the right time to bring this.