Lurching Through The Audition Trap

Read the original at Reason ↗
Reason · collected 2026-10-06 · by Josh Blackman

Quick Summary

Judge Ho of the Fifth Circuit wrote a concurrence discussing the "Audition Trap," where judges might abuse their office for personal gain, such as seeking future appointments. The case involved a magistrate judge who agreed to an ex parte meeting with a lawyer after being warned about connections in government that could influence judicial decisions. Judge Ho and law professor Jonathan Blackman argue that accusations of auditioning are hard to disprove because no one can read another's motives. They suggest critics themselves often engage in similar behavior, highlighting the complexities and inherent challenges judges face when dealing with such allegations.
Written locally by qwen2.5:14b on 2026-10-06, using this article's own text rather than the other coverage of the same event (that is the story summary below).

AI analysis runs on qwen2.5:14b, locally

Story summary

In a recent case before the Fifth Circuit, Judge Ho cited an article by Josh Blackman in his concurrence. The article addressed problematic allegations where a defense lawyer claimed connections with Texas Senators and government officials, threatening to ask them why he had to wait for a motion resolution. When the presiding magistrate judge, who was seeking a federal district court appointment, agreed to hold an ex parte (one-sided) hearing with the lawyer, it raised serious ethical concerns.

Judge Ho stated that any judge abusing their office for personal gain or future appointments violates their judicial oath and should not remain in their current position. He emphasized that while ambition can be present among judges, those who prioritize public service over career advancement maintain higher integrity. This case highlights the potential conflicts of interest within the judicial system and underscores the importance of maintaining impartiality and adherence to ethical standards.

Written for “Audition Process Critique” on 2026-10-06, grounded in this article and the 0 other(s) covering the same event.
Why this leaning score
The article's own words the score was based on. Each is quoted verbatim and was checked against the article text before being stored, so you can find it in the original.
Reading Leans strongly right (beta estimate) Confidence high
Leaning: leans strongly right for article 60805 (high confidence, 3 verified quotes) · logged 2026-10-06

Signals How these are calculated →

Claims extracted
53
claim-shaped sentences
Uncertain
9%
5 of 53 hedged
Leaning
Leans strongly right
of the writing, not the subject · beta estimate
Correction & hedging signals
66.0
corrections and hedging in what we collected; not a measure of accuracy
Outlets on this story
1
Politics
Narrative spread
1
articles carrying this framing
Analyzed 2026-10-06 · how these are computed

Story

📰 Audition Process Critique
Politics · 1 article(s) covering the same event.

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Compared with similar articles

Nothing to compare against. No article is close enough to this one for the pipeline to have linked or judged the pair.

Publisher

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Who wrote this

Josh Blackman
59 article(s) here · 1 carrying a prediction
🔮 Just as there are no doubt those on the bench who have strong ambitions for future office, there are others who are happy to be public servants, but who would be just as happy earning their living by some other means.
2026-10-06 · assertive framing · Lurching Through The Audition Trap
🔮 "But within a relatively short period of time, the thought occurred to me, and I think to the others in the majority, that this would endanger us.
🔮 He could have served in government, but he didn't.
🔮 (Southwick's already fragile reputation would be irreparably tarnished by such a move.)
🔮 The conduct caused disturbances that would have resulted in violence had law enforcement not intervened.
🔮 "It follows that if the underpinning is removed, the increasing professionalism will also disappear.
2026-10-02 · assertive framing · Todd Butler's Problematic Publications
🔮 In December 2017, I wrote in National Review that Republican-appointed judges should consider taking senior status so President Trump could fill those seats.
2026-10-01 · assertive framing · When Judges Pick Their Law Clerks As Replacements
🔮 Since he joined the Court, Roberts and his family would seek solace from the swamp at Hupper Island after the Court dismisses for the term.
🔮 Even if Congress were to enact a law clearly empowering Article III courts to vacate agency rules or regulations and automatically cause their erasure from the Code of Federal Regulations, vacatur would likely still be inconsistent with the limited nature of the judicial power and the non-delegability of core legislative power to the judiciary.
🔮 That is, Jackson could have given a week or longer, but that delay would have triggered an administrative stay.
Also by Josh Blackman
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 59 articles by Josh Blackman →

Topics

First Amendment Roe v. Wade Texas The First Amendment the Fifth Circuit

Subjects

Texas GPE · 2× the Fifth Circuit ORG · 2× Blackman PERSON · 1× Todd Butler's PERSON · 1×

Narrative

Judge Ho observed: Any judge who abuses his office to promote his own interests—including the desire for future appointment—has violated the judicial oath and doesn't belong in his current post, let alone whatever new post he seeks.
framing: assertive · carried by 1 article(s) · first seen 2026-10-06
🔮 Just as there are no doubt those on the bench who have strong ambitions for future office, there are others who are happy to be public servants, but who would be just as happy earning their living by some other means.
2026-10-06 · Reason
Lurching Through The Audition Trap · assertive framing

Claims (53 extracted, 5 hedged)

Recently, Judge Ho of the Fifth Circuit issued a concurrence that cited my post, The Audition Trap. asserted
that → issue → post
The defendant's counsel told the magistrate judge that he had connections to a Texas Senator and other members of government. asserted
he → tell → government
The counsel warned that he was "consider[ing] asking my Texas friends to write to you and ask why I have to continue waiting" for the resolution of a motion. asserted
I → warn → motion
The magistrate judge, who was seeking a federal district court appointment, agreed to an ex parte hearing with the lawyer. asserted
who → seek → lawyer
Judge Ho observed: Any judge who abuses his office to promote his own interests—including the desire for future appointment—has violated the judicial oath and doesn't belong in his current post, let alone whatever new post he seeks. asserted
he → observe → post
Just as there are no doubt those on the bench who have strong ambitions for future office, there are others who are happy to be public servants, but who would be just as happy earning their living by some other means. asserted
who → be → means
For the outside observer, however, it can be difficult to discern which is which. asserted
which → discern → observer
And therein lies the quandary for the dutiful judge. asserted
quandary → lie → judge
How should a good judge respond when it's suggested that his exercise of judicial authority might be tainted by his private, personal desire for elevation to another post? . . . Professor Blackman's point is simple, but important. uncertain
point → respond → post
No one has the power to look into another man's heart and ascertain his actual motivations or ambitions. asserted
one → have → motivations
Certain actions may seem like auditioning to some, but to others, it's simply doing the job as the judge best sees fit. uncertain
judge → seem → job
So the good judge simply accepts that criticism is a fact of life—and that unrebuttable charges come with the job. asserted
charges → accept → job
The First Amendment guarantees the right of every citizen to criticize public officials—whether the criticism is fair or unfair. asserted
criticism → guarantee → officials
Judge Ho and I are often accused of auditioning. asserted
Ho → accuse → auditioning
Who can look into our hearts to know our true motivations? asserted
Who → look → motivations
But as I often remind people, if we are auditioning, we are doing so very poorly. asserted
we → remind → people
The way to get ahead in the world is to keep your head down, make powerful friends, and avoid doing anything that could prove controversial. uncertain
that → get → anything
Fight to overrule Roe v. Wade and you are stuck on the sidelines. asserted
you → fight → sidelines
Defend municipalities who violate the First Amendment rights of street preachers and you get a circuit court nomination. asserted
you → defend → nomination
The truth is that those who lob the auditioning accusation are those who are most likely to audition in their own careers. asserted
who → lob → careers
I noted in my post: The fact that everyone auditions demonstrates why this charge is so common. asserted
charge → note → post
As a general matter, people project onto others the flaws they see in themselves. asserted
they → project → themselves
If you accuse me of auditioning, you can be pretty sure this is something that you have done in the past. asserted
you → accuse → past
I recently saw some suggestion that I was on some undisclosed payroll. asserted
I → see → payroll
I wish! asserted
I → wish → ?
The truth is that I speak my mind, which is not conducive to any paying client. asserted
which → speak → client
Folks may recall that I had to resign from a job that offered a regular paycheck on a point of principle. uncertain
that → recall → principle
I am grateful some outlets offer me modest honoraria to speak and lecture, but I asserted
outlets → offer → honoraria
always retain full control over my message--and I often withdraw works when the editing becomes too intrusive. asserted
editing → retain → works
Indeed, I wrote several posts publicly agonizing about whether to put some of my content behind a paywall as a means to generate some revenue, but I ultimately decided not to so my discretion would remain unfettered. asserted
discretion → write → revenue
By contrast, as a general matter, managing partners at firms play some role in setting the compensation of their colleagues. asserted
partners → manage → colleagues
Like I said, people project onto others the flaws they see in themselves. asserted
they → say → themselves
I wish things were different with the judicial selection process. asserted
things → wish → process
I wish that Presidents would nominate those who were unafraid to challenge political orthodoxies. asserted
who → wish → orthodoxies
Steve Calabresi's post today on the 40th anniversary of Justice Scalia's swearing-in provides a flashback to a different time. asserted
post → provide → time
On June 14, 1986, Judge Scalia was invited to speak at a conference organized by Attorney General Meese. asserted
Scalia → invite → Meese
The timing was "risky" as President Reagan would interview Scalia for the Supreme Court vacancy on June 16. asserted
Reagan → interview → June
Scalia could have played things safe, but that was not who Scalia was. uncertain
Scalia → play → things
Calabresi writes: Given this, most lawyers would say something mild, uncontroversial, and ingratiating toward the attorney general. asserted
lawyers → write → general
Indeed, as a law professor, he liked to teach against the views of his class and tell them things that they did not ordinarily want to hear. asserted
they → like → that
…and 13 more, not listed.
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