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Or you could… Actually read the entire source you linked? It’s a pretty good article and goes into a lot of detail on why LCOE estimates vary significantly between countries and depending on discount rate assumptions, so quoting one specific number is useful context but not the full story.
The problem isn’t whether the LCOE numbers you quote consider the capital costs - they do, and that’s correct - so do the ones in the table below it. It’s that those are average values taken from the USA, which has among the highest capital costs for installing new reactors in the world. At best that tells us that fusion isn’t cost competitive in the USA right now.
Sure, but the court doesn’t actually have any enforcement mechanism - that’s all held by the executive. Like, a president who orders the military to assassinate a political rival is not gonna wait for multiple months of trial and go ‘oh OK I guess that wasn’t an official act off to jail I go’. They can just intimidate the judges. The Republicans are counting on any Democratic president not doing that, and are probably right.