Reposted by @stlyons.bsky.social
Clean air is now a “burden.” Trump’s EPA announced it will reconsider smog-control requirements for parts of Texas after Gov. Greg Abbott pushed for relief. This comes as Abbott declared a diesel price “disaster” and separately requested waivers for cleaner diesel standards.
![And therein lies the quandary for the dutiful 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? One noted scholar has described this dilemma as “the audition trap.” Josh Blackman, The Audition Trap, Reason.com, Mar. 7, 2025. As Professor Blackman explains, “[a]t bottom, this is a charge of bad faith: that we write what we write not because we think it is the right legal outcome, but that we are using our platforms to seek some higher office.” He calls it a “trap” because it’s a claim that “cannot be refuted.” “Once a person is labeled as an auditioner, everything they do will be seen as an attempt to audition. If they act in a moderate fashion, they are doing so to avoid drawing attention, and helping their candidacy. If they act in a radical fashion, they are doing so to draw attention, and help their candidacy. Auditioners are trapped in a vicious cycle.” Id.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:24vva42nxim6zbcmnozegoef/bafkreieghviuqyjoszyjoyuiidppaxsbw6mjm772qswuamqhage5j4mi3u)
