superrific
Legend of ZZL
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I'm not swatting at tone. I'm swatting at the lack of an actual structural argument.I think you’re misreading my point. I’m not “lecturing” anyone about judicial review, I’m offering a structural argument about how its political effects shape legislative behavior. That’s a different register than legal scholarship. I’m fully aware that many people on this board have legal expertise. That’s all the more reason to engage the substance rather than swatting at tone.
"But I do think you’re underestimating how powerfully judicial review shapes the political imagination. Not just what gets passed, but what even gets proposed, how aggressively it’s pursued, and what gets quietly abandoned" is not an argument. It's ipse dixit, one where the ipse has no standing to correct others on the dixit.