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interests of the branch of government that they inhabit.27 But for those with neo-Thayerian instincts, it may prove more helpful going for- ward than
only their behavior; they change their thinking, too, so that they do not even conceive the thoughts that would be- come their “intellectual offspring
evidence that they have increased the over- all cost of the platform’s services.”18 “Thus, courts must include both sides of the platform—merchants and
authors). They explained that Justice Thomas or others “might well view this rule of construction as constituting the original meaning of the text itself
with authors). They explained that Justice Thomas or others “might well view this rule of construction as constituting the original meaning of the text
of the Reconstruction Amendment’s self-executing provisions is concerned. There, it held—without dissent on this key point22—that, although Section
importance of these “legal” aspects and is therefore too quick to acquiesce in their abandon- ment. Bankruptcy law does not assume that the idealized
they are undercutting it. He offers his rules of thumb in the hope that they will thread the needle. Unfortunately, he takes a wrong turn. Again