I really want some of the people here who back in 2013/2014 were all “RBG has earned the right to retire whenever she wants and it’s sexist to call on her to she do so,” when responding to FP posts at that time calling on both RGB and Breyer to step down, to step up now and either take the L, or undertaken the Herculean (h/t Ronald Dworkin) task of explaining how actually they weren’t wrong.
Not an admissible defense: It wouldn’t have mattered because Harry Reid wouldn’t have gotten rid of the filibuster if Republicans had filibustered a SCOTUS nomination This isn’t admissible because it’s screamingly false on its face: the Democrats had already voted to get rid of the filibuster for non-SCOTUS nominations, so the notion that they wouldn’t have gotten rid of it in the vastly more important context of a Supreme Court nomination battle is patently absurd. (Trivia question: Who is the only Democrat in the Senate who voted against this change who is still there?).
Also not admissible: There’s no difference between 5-4 and 7-2. This isn’t admissible because of math.