I often write about the audition trap: the irrefutable claim that a person is behaving a certain way in an attempt to obtain a higher office. This charge is often made against me. I do not read the comments on this blog or social media mentions, but I am reliably informed that those who disagree with me frequently assume that the only reason I can write what I write is as part of some effort to get some other job. Many people who write me often include a similar preface: I am not like the commenters, and think you are writing in good faith. But for my critics, the truth is scarier: I actually believe what I believe. If I was actually trying to obtain higher office, I wouldn't do most of the things I do. I certainly would not have resigned from the leading conservative thinktank on a point of principle. But people will never believe me. So be it.
I alluded to this point in my critique of the New York Times's failed attempt to quantify the Trump judges:
There are more than 50 circuit appointees. Do you think all of them are auditioning? I would not deny that some might be, but the vast majority of the nominees have no credible shot at promotion. Indeed, a law professor recently wrote on a listserve that Judge Jerry Smith's dissent in the redistricting case was an attempt to curry favor with Trump. Judge Smith is nearly 80 years old. We need to exit this audition trap. You cannot simply dismiss an argument by saying the judge is auditioning. The truth may be that the judges actually believe what they are writing. For the left, that truth is too hard to process, so they rely on the "auditioning" fiction.