This is Tommy. Tommy had a question about my allegiances. Listen to the end to hear about his.

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For a while I was like “worse, there are horrors on the other side of the filibuster” but these days I more tend to “listen, are we a self-governing people or not.”

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steve is concerned with the implications of all of this for the judiciary but, with all genuine respect, i really think that one has to approach this as a problem of game theory

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strategic political capture of the court has, for 40 years, been a one-way ratchet. among other things, this has inculcated a sense among conservatives that they can act with virtual impunity. showing them that their opponents will play hardball is a necessary first step toward a better status quo.

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will try to answer these in a piece next week but for now i will say that part of the *point* of court expansion, in my mind, is to create a disequilibrium — a potential race to the bottom — that will force a truce.

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