This is where the issue is and why I think it's absurd that some reporters are hounding Biden about courts.

There are two choices for the GOP:
1. If it's legal, we can and will do it.
2. Just because something is legal doesn't mean we should do it. https://twitter.com/sahilkapur/status/1315641537783631872

His answer about courts seems to hinge on which route Republicans go.

If they go with option number 1, there's no ethical argument that Dems should go with option number 2. You cannot and should not expect them to play by different rules or standards.

For too long, that's exactly what's been happening. Republicans have been doing things that, while legal, are completely at odds with how things are supposed to run. And in return Dems go, "Hey, that's not fair." Over. And over. And over and over and over.

This is a line in the sand moment (that's coming too late, but better late than never). Either Republicans can play by the rules Dems have been playing by, or Dems should absolutely feel emboldened to adopt the rules Reps *are* playing by.

It's like going up to someone and saying, "Will you punch John Smith in the face?" when the answer hinges on whether or not John Smith is going to try to punch you in the face first (after saying he intends to punch you in the face).

The issue in that situation is what John Smith plans to do, not whether the person you're talking to will respond if attacked. If the person says, "No, I will not punch John Smith in the face," it only sends a signal to him that John Smith is all clear to attack.

If there are Republican senators who are genuinely worried that this is how Dems will respond if they continue with the "it's technically legal, so we're going to confirm this nominee now" approach, and if they think that will somehow delegitimize the court, then don't do it.

The ball is in the Republicans' court. If they push this nomination through, they are the ones responsible for what's next. When people point out that McConnell ended the SCOTUS filibuster, his defenders go, "but Harry Reid!"

This is their "Harry Reid" moment they may regret.