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Merits aside, I am intrigued by the political dance that happens around the state's decision to appeal to the U.S. Supreme Court. I recall a similar public campaign 5 years ago after a 9th Circuit decision (upheld over vigorous dissent) reversing the WA Legislature's decision to reduce payments to family caregivers of persons with disabilities. In that case, the political tension between the outgoing Democratic governor and the Republican AG who was running to replace her probably had something to do with the result. This time around, the politics are a little different since there isn't a Republican to blame. But the basic strategy of making the state pay a political price for exercising its right to an appeal remains the same.