"Backers of the low cap gains rate have a tough sell. On Capitol Hill, they’ll have to overcome the fairness argument--" Backers of changing the law have a tough sell. While Congress sometimes has "fairness" on the stove it is seldom on the front burner. (Nor is consistency in the tax law a front burner item.) Only if members of Congress consider the threat of lost votes to exceed the threat of lost campaign contributions will the law be changed.