> - basically everyone has JS enabled
Nope; don't forget that scripts don't always load. Opera on Mint kills bloated scripts (a.k.a. jQuery). This usually results in a white page.
> - they were too hard to do
Perhaps lazy developers should reconsider their profession then.
> - IE6 went away
Browser versions are irrelevant.
> - you can make significantly better UX without them
An utter falsehood. Refer to my earlier experience with white pages.
> - there is business value to usable apps
There's no business value in casting a wider net? That's bewildering.
> - there is no business value to catering to people who disable javascript
It seems to me that you're only interested in turning a quick buck. That's disheartening.
> - the existence of things like Modernizer make it possible to assume that everyone has the fancy features you need.
Assumptions cast from half-baked feature tests aren't an absolute by any measure. "Everyone" is definitely misleading here.