Because true to form, they haven’t thought much of this through long-term. For example, Democrats caterwauling that Roe v. Wade will be overturned and tossed out haven’t considered that the ruling will no longer be necessary, when a Republican-held Congress passes a national abortion ban with 51 votes. It wouldn’t happen tomorrow or next year but it would happen.
So the Democrats are free to leap at the whims of feverish pundits and fringe members of their party. But is there a threat they can make that won’t be returned in kind? Or, as the last six years have shown, returned tenfold? I don’t think so. So have at it.
The alternative is to step back and take a breath, knowing that in 10 days there could be a President-Elect Joe Biden and the possibility of one or two justices retiring from the court in his term.