Yeah, don't think Cons are gonna get to replace Ruth Bader Ginsberg. Let me game theory this for you if I may.

Let's start with setting up the players here. The players are:

1. Corporations.

2. That's it. There are no other players here.
America continues as a bastion of capitalist exploitation so long as there is a glimmer of hope for the population that they can control the government intermittently. There is a fragile peace that keeps people from taking direct action or skewing the process in favor of one side
This relatively peaceful political system (addendum on this later) remains peaceful because of that "hope" factor that things are not skewed too far. This in turn allows the turn over of parties pretty consistently, allowing for a fragile sort of economic continuity.
Basically speaking: Corporations get tax breaks under GOP. They get some tax hikes under the Dems. Then those tax hikes are taken back by the GOP and the cycle continues. There is no "realignment" of the parties. No party is replaced by a new party. The "system" goes on.
But like all systems, there needs to be an equilibrium for the system to continue. That equilibrium can only work so long as the system is PERCEIVED by all sides to be at least somewhat workable. A 5-4 court in favor of the Cons is that sort of equilibrium.
Neither side gets what they want. Most things in place remain in place. Change is incremental. But certain fundamental things remain in place. There is no major social upheaval by "elections" that takes away frights etc. Roberts' swings can change things slightly here and there.
This is important. The equilibrium keeps capitalism going. It keeps the corporations' power in place but also gives the populace the illusion that they are merely an election or two away from changing things (which doesn't happen). Without that equilibrium, there is no faith.
Without that faith - faith that your government is at least somewhat functional, that you have at least some power to fix things, that at least you can go on with your life without major upheavals - keeps capitalism going. It keeps the corporations running. The country running.
And corporations are willing to do anything to keep things running smoothly and profitably. 200,000 dead Americans are a testament to their drive to keep things flowing. It's like Frank Herbert's Dune! (A movie you'll all be soon watching!)
In Dune, thousands of planets form a federation under an emperor and have a sort of feudal parliament called Landsraad. But real power rests in the "Spacing Guild" and other organizations that keep things running. The guild controls all interstellar transport.
That transport depends on an extremely rare substance called Melange or "the spice". Without the Spice. No interstellar travel. No cash. No Spacing Guild. So throughout the book, everyone keeps repeating the same thing: "The spice must flow!"
The "spice" in our world is some kind of faith in the system. Not the government itself, but the system. Not everyone believes in the system, but enough people do that we can all "peacefully" go to polls, vote and then suck it up once elections are over.
This is critical. It means the "spice" keeps flowing. The country doesn't go through major turmoils, wrecking the economy, or worse, upending the system and instituting a different one... one that could end up being dreadfully unprofitable.
This is why corporations have recently personally entered the political arena to force certain changes when it comes to the Confederate flag and Black Lives Matter and the Washington Football Team. It's not because they "care". It's because the system was starting crumble...
And that crumbling was not being address by the part in power. Without pushing for some kind of reprieve, you could destabilize the system. You could create a deep feeling in a majority of the population that our political system can't work in any way shape or form.
The spice must flow. Some kind of faith in the system has to remain so that the majority of the people will continue to go vote. Continue to stick with the two parties. Continue to accept some kind of incremental change but largely leaving capitalism to its own devices.
The problem with a 6-3 vote is that it destroys that faith. Whoever is in the minority, will lose faith in the system, or their party, or "peacefully" participating in government. (I know there are millions of caveats here, but bear with me).

Radicalization is the only recourse
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