But Sunstein was leaving out the first and most important step. What is good for people, at least for free people, depends on their priorities. The question becomes empirical only once a priority has been set. The important political matter is who gets to set it. Thaler and Sunstein were disguising the arrogant project of setting priorities as a modest and commonsensical project of measuring outcomes. The strongest case for letting people make choices without the interference of the state rests not on their competence as choosers but on their dignity as persons.
