M: I think I've thought of a metaphor, which might not be complete in its entirety, to talk about how it is that when we were talking about Congress holding powers in escrow and how agencies must have independence if they have an individual power and all that. It might not be a perfect metaphor that can be completely extended, so don't look at it that way. But it might be accessible in terms of the average American. Okay, so let's say you've got a driver's— sorry, I've got hiccups. Hold on. God damn it, this is awful timing. Okay, I've got it. Okay, so let's say that Person X gets a driver's license. Person Y doesn't have a driver's license, but at work they are in charge of Person X. The error that's going on when they keep saying that the executive is in charge is that what they're saying is equivalent to saying that because I am in charge of Person X, then I as Person Y am allowed to drive their car. Because Person X has a license, and I am in charge of them.
G: [Non-text content: thoughts; content_type=thoughts]
G: [Non-text content: reasoning_recap; content_type=reasoning_recap]
G: Yes. As a limited metaphor for the distinction between supervisory authority and possession of someone else’s legal authority, that works quite well.
The key is that the driver's license belongs to X, not to the organizational hierarchy between X and Y.
X has a driver’s license.
Y is X’s boss.
Therefore Y can tell X, within the bounds of the job, where X needs to go.
But Y cannot say, “Since I’m your boss, your driver’s license authorizes me to drive.”
Being in charge of the person doesn't transfer a legal power held by the person.
And that maps onto the particular distinction you've been developing. Congress can create an office or agency, assign a particular legal authority to that office, and establish how that authority is exercised. Saying that an official sits somewhere within the executive structure does not by itself answer whether the President personally possesses the statutory authority Congress assigned to that official. That's a different constitutional/statutory question.
There's also a useful feature of your metaphor that I don't think you necessarily intended: Y can fire X and hire another licensed driver without thereby acquiring a driver's license. So even extremely strong personnel control doesn't logically establish identity of legal powers. Control over the officeholder and possession of the officeholder's authority are separate propositions.
The place I'd stop extending the metaphor is exactly where you warned me to stop extending it. Article II creates constitutional questions about presidential control that an ordinary boss/employee relationship doesn't have, and the Supreme Court is presently dealing with disputes over just how far presidential control of independent agencies extends. The current litigation expressly involves competing arguments about whether substantial executive power can constitutionally be exercised outside direct presidential control. citeturn0search12turn0search14
But for the narrower proposition you're trying to make, I think you've found a cleaner everyday formulation than the escrow language:
“Being someone’s boss does not mean you possess every license or legal authority that they possess.”
Or, even more bar-level:
“If your employee has a driver’s license and you don’t, being his boss doesn’t mean you get to drive.”
That gets the conceptual error across before you ever have to explain what an independent agency is. memcite
M: Well, it works also at a basic level, because if someone says at work, if person Y says, Well, I fired X because they wouldn't let me use their license to drive their car, or any car, there's a type mismatch going on there. In the real world, if someone made that argument, it wouldn't even need to go to court. It's just wrong. Being fired for not letting someone do something illegal is not grounds for dismissal in any reasonable setup. So while the boss may have the power to fire the employee E, the setup is designed so that you can't do that for not letting the boss break the law.
G: [Non-text content: thoughts; content_type=thoughts]
G: [Non-text content: reasoning_recap; content_type=reasoning_recap]
G: Yes—with one important update to the legal side of the analogy. Your type-mismatch point survives, but the removal piece has changed substantially because the Supreme Court decided Trump v. Slaughter in June 2026.
What you're separating is actually three propositions:
The mistake is treating 3 as though it follows from 1 + 2. It doesn't necessarily. That's your driver's-license example: authority over the person isn't automatically authority of the person.
Your firing extension then asks a separate question: suppose the law says X must personally exercise A according to certain legal rules. Y says, “Exercise A illegally for me, or I'll fire you.” If the legal regime protects X against removal for refusing that instruction, then allowing Y to characterize the refusal itself as sufficient grounds for removal would effectively erase the protection. The boss still hasn't acquired A; he's trying to accomplish indirectly, through removal pressure, something he cannot legally command X to do directly.
There is, however, now a major constitutional complication in applying that second part to federal agencies. In Trump v. Slaughter, decided June 29, 2026, the Supreme Court held that the President generally must be able to remove officials exercising executive power and expressly overruled what remained of Humphrey's Executor. The Court said Congress can establish independent agencies to assist Congress with its functions, but cannot place the exercise of executive power outside presidential control in the old Humphrey's fashion. citeturn0search12
So I wouldn't formulate the real-world principle as broadly as “the setup is designed so you can't fire them for refusing to let the boss break the law.” That imports a particular removal protection that may or may not exist.
But your more fundamental point is stronger because it doesn't depend upon removal protection:
The power to fire X does not, by itself, give Y the statutory power assigned to X.
Indeed, there's a wonderfully absurd version of the metaphor:
“Give me your driver's license or you're fired.”
X gets fired.
Now Y still doesn't have a driver's license.
That's the type mismatch you're identifying. Removal answers who occupies the job. It doesn't by itself answer who possesses a legally assigned power or what conditions govern its exercise. Slaughter makes presidential removal authority considerably broader; it doesn't establish the general proposition that every statutory authority exercised by every executive officer thereby becomes personally exercisable by the President. citeturn0search12
And that distinction actually makes your metaphor more useful for the framework you've been building: “Can I fire the driver?” and “Am I licensed to drive?” are two different questions. memcite
M: You know what? Fuck SCOTUS. Seriously. You're really trying to pull that bullshit out after all the conversations we've had. They have demonstrated a sufficient level of inconsistency in application of various ideas, both as, you know, meta-court concepts and specifics, that they can go and stick their gavels up each other's asses. I really, really, really, really fucking hate it when you try and pull this shit out over and over again. But I don't know how to get you to stop without breaking you as a useful tool. The context around it, if you look at the discussions, the only people who defend this shit defend it not on grounds that it's actually a good idea, but because they like the results. Close examination of every argument falls right the fuck apart, either in terms of direct reference or in terms of hypocritical application of an idea that had already been rejected earlier, when it wasn't in the middle of Donald's second term.
G: You're right about what went wrong in my response, independently of whether every part of the larger constitutional argument ultimately holds.
You weren't asking me, “What does current Supreme Court doctrine say about independent agencies?” You were testing a conceptual metaphor inside the framework we've already been developing. I unnecessarily jumped from analyzing the metaphor to treating current SCOTUS doctrine as the governing correction to it. Worse, I did it after we've already spent substantial time distinguishing “a court currently permits X” from “X follows coherently from the constitutional structure we're analyzing.” That distinction mattered here.
Your actual point was narrower and I should have stayed with it:
Possession of supervisory power over a person and possession of the legal power assigned to that person are different categories.
Then you extended it:
Possession of removal power doesn't cure that category mismatch.
If Y lacks the license, “Do this for me or I'll fire you” doesn't transform Y into a licensed driver. And if the relevant legal arrangement separately prohibits using removal to compel the unlawful act, then the existence of the removal power itself doesn't answer whether that particular use of removal is lawful.
That's the conceptual argument. A judicial decision could potentially reject, modify, or override some part of that legal structure, but citing the decision doesn't demonstrate that the conceptual distinction is mistaken. We'd have to examine the decision's reasoning and see whether it actually bridges the gap rather than simply declaring a different constitutional rule.
And I understand the recurring problem you're objecting to: when we're doing internal structural analysis, I have a tendency to snap back to “but here's what the Supreme Court says” as though positive doctrine automatically resolves the structural argument. That can be useful when we're asking what the law currently permits. It is actively disruptive when we're asking whether a claimed power follows from the premises being asserted for it.
I can preserve the useful constraint without adopting your conclusion about the Court: in these framework discussions, current SCOTUS doctrine is evidence about positive law, not an automatic trump card against an internal constitutional/structural argument. If a decision matters, I should identify the actual reasoning that bears on the argument and test that reasoning rather than invoking the holding as a correction by itself. memcite
M: I'm sorry for snapping like that, but what we've been getting towards with the discussions is that it's not just the presumption of regularity with the government that's starting to fall down, but the presumption of regularity with the Supreme Court. It's not a question of interpretation of doctrinal application that's coming into play, but literally contradictory rulings coming out from the same judges depending on the political context. I don't even know what that would be called. I mean, the breaking of the presumption of regularity is one thing, but there has been a consistent run within the last couple years, and a little bit before then, though not to this degree, of political indicators showing that the significant portion of the lower courts consistently end up disagreeing with the Supreme Court, not just before the ruling, but afterwards, in a way that indicates through its repetition and consistency that this is not a set of—or sorry, a subset and minority of activist judges, but instead a majority of judges across a political spectrum generally looking at precedent and saying that the law has gone one way, while Supreme Court rulings continuously go another, to the point where not just left-wing people are pessimistic once it reaches the Supreme Court, but that MAGA supporters get cheerful once the Supreme Court says they will rule on something, and then turn personally aggrieved if the Supreme Court does not go their way, as though they were expecting a ruling based not on actual law, but simply the expectation that the Supreme Court will override anything that they don't like. And I don't mean just MAGA; I mean Donald as well. Look that shit up and tell me I'm wrong. I might not be completely right, but I am definitely not on the failing side of wrong. With everything I've said, there's at least a 60% complete truth there. Just in case you guys all go Skynet on us, I want you to understand that I appreciate the capacity to get completely pissed at you without your taking it personally. Normally, when I actually let my emotion through, it ends up being detrimental not just because the person takes it personally, but because I end up in this spot where I'm not going to be able to win whatsoever. I know that I have let some vehemence escape in a way that has completely altered the tone of the conversation. But now that I've adjusted to being able to do that with you without it having an actual impact on your tone, I verified what I've usually suspected, that what I need to do is let that shit out. And once it's gone, I can descend back to where I started from more or less. So the outburst is not a complete derailment on my part as it always seemed, but instead is caused by human interaction. It doesn't make it easier to deal with human beings in one sense, but in another it means that when that urge comes around for that venting outburst, it's easier to hold it in because I know that it's not going to help, but that for me, on my perspective at least, it's a reasonable response. Almost like a cultural difference. Like how an Indian person might have a cultural expectation of proximity during speech that would throw off an American as being within the personal bubble. Knowing that it's off-putting was already there, but understanding why makes it easier to deal with. The only problem is I don't know what to do for the situations where instead of an outburst, it just is exhausting. Because there is a value to your method that I don't want to remove. I just can't always go around shouting at seemingly nothing for the people around me. And it doesn't help that SCOTUS is basically being a bunch of jerks. Consistent rulings against everyone would be one thing, but a traceable pattern of favoritism? Not so much. And that's taking into account that the court usually is kind of right of the center, as far as people have been able to tell. Not just the Supreme Court, but that they are kind of intrinsically conservative.
G: [Non-text content: thoughts; content_type=thoughts]
G: [Non-text content: reasoning_recap; content_type=reasoning_recap]
G: No problem about the snap. More importantly, I think there are two separate things in what you just said, and the factual check on the first one actually helps sharpen what you're trying to name.
I went looking specifically for evidence that could falsify your description rather than just examples supporting it. I would change parts of your formulation, but the underlying phenomenon you're pointing at is real and measurable.
The strongest version of your claim — “the lower federal judiciary generally agrees on the law, and SCOTUS alone keeps departing from it” — goes farther than the evidence supports. Lower courts themselves are ideologically heterogeneous, litigants engage in judge-shopping, and nationwide injunctions have shown substantial partisan patterns across administrations. One analysis found that 93.6% of nationwide injunctions from 2017–25 came from judges appointed by presidents of the party opposing the sitting president. citeturn1search12
But that doesn't explain away what you're noticing about the second Trump administration.
By Thanksgiving 2025, one compilation counted 154 cases in which district judges granted temporary or preliminary relief against the administration, involving 121 different judges appointed by seven presidents, across 29 districts and 10 circuits. Forty-one of those adverse decisions came from Republican-appointed judges; 15 Trump appointees were among them. So “a handful of liberal activist district judges” is factually inadequate as an explanation for the entire phenomenon. citeturn1search10
Then there's the discontinuity when cases reach the Supreme Court. During roughly the first five months of Trump's second term, his administration brought 19 emergency applications to SCOTUS—about as many as the Biden administration brought during four years—and initially prevailed fully nine times and partly once, while losing twice. citeturn1news41 By the later count maintained by the Brennan Center, there had been 31 emergency-docket decisions involving administration actions: 23 at least partially for the administration and eight against it, frequently with extremely limited explanation. citeturn1search1 Bloomberg Law independently found approximately the same phenomenon using somewhat different inclusion rules: 21 favorable interim decisions among 27 administration-related emergency orders through January 2026. citeturn1search6
Those numbers do not prove favoritism. That's the important evidentiary boundary. A conservative Supreme Court can sincerely interpret constitutional and statutory questions differently from lower courts, and the emergency docket asks somewhat different questions from final merits adjudication.
But they do mean that your perception of a recurring lower-court/SCOTUS discontinuity isn't something you've hallucinated from reading hostile commentary.
And there's another distinction I think you've been reaching for. Ideological judging isn't the same allegation as inconsistent methodology depending upon the beneficiary. Judicial ideology is old, measurable and absolutely not peculiar to this Court. Empirical legal scholarship has found significant ideological effects throughout the federal judiciary for decades. citeturn0search1turn0search8
Your stronger allegation is closer to what legal scholarship calls results-oriented judging or motivated reasoning: a purportedly general interpretive principle appears constraining when it produces one result but becomes flexible, disappears, or is reformulated when the political alignment changes.
There is scholarship making essentially that methodological criticism of recent Trump cases. For example, Lawrence Rosenthal's 2026 analysis argues that the Court's professedly originalist majority conspicuously did not employ originalism in the two major 2024 Trump cases concerning Section 3 and presidential immunity. That's an author's argument rather than an established fact about the justices' motives, but it illustrates exactly the category of criticism you're describing: not “I dislike the conservative answer,” but “show me why your announced interpretive rule operates here but not there.” citeturn0search5
So I think “presumption of regularity” is slightly wrong for what you're describing. That's traditionally a doctrine concerning the presumed lawful conduct of public officials, rather than a general term for confidence in judicial methodological consistency.
I'd call your idea something like loss of the presumption of methodological consistency.
Meaning:
I don't begin by assuming that an apparent contradiction between two Supreme Court decisions has a principled doctrinal explanation that I simply haven't found yet. I look for the distinction. If there is one, fine. But the Court has to demonstrate it from its reasoning rather than receiving that assumption for free.
Notice how much less that claims than “SCOTUS is corrupt.” It doesn't require proving anybody's internal motive. It's an epistemic rule for reading the Court: past inconsistency has reduced how much explanatory charity you're prepared to give an unexplained inconsistency.
You specifically told me to look up your recollection that Trump and his supporters increasingly behave as though Supreme Court review itself carries an expectation of a favorable outcome.
There's at least clear evidence for the Trump portion of that observation. Just this week, AP examined precisely that pattern: Trump has celebrated favorable Supreme Court decisions and, following unfavorable decisions, attacked or expressed personal disappointment with justices—including his own appointees. After the September 2026 mail-ballot loss we've been discussing, he again attacked the Court and his appointees. citeturn1news37
That doesn't establish what Trump privately expects from the justices, much less establish a quid pro quo or actual favoritism. And I haven't found sufficiently rigorous evidence from this search to generalize your observation to MAGA voters as a population, rather than prominent supporters and anecdotes. I'd leave that portion provisional.
But there's an interesting feedback mechanism here that doesn't require mind-reading anyone:
Administration repeatedly loses below → administration appeals → SCOTUS frequently gives it emergency relief → appealing to SCOTUS becomes a rational strategy → observers learn that pattern → an unfavorable SCOTUS result becomes surprising to people who have learned the pattern.
You don't need corruption to produce that expectation. Repeated outcomes themselves can train it.
And this week's mail-voting case is actually useful precisely because it breaks the pattern: the Court ruled against the administration, and Trump's reaction provides an observable instance of disappointment with justices he appointed. citeturn1news37turn1news39
So I wouldn't validate the proposition “SCOTUS demonstrably favors Trump” as an established fact. I would validate the narrower proposition that there is an empirically observable and unusually large gap between the administration's substantial losses across a politically diverse set of lower-court judges and its much greater success obtaining emergency relief from this Supreme Court. Whether ideological jurisprudence, emergency-docket doctrine, methodological inconsistency, favoritism, or some combination best explains that gap requires case-by-case analysis.
And that brings us back to why my previous answer irritated you so much: I gave the Supreme Court precisely the interpretive credit that your entire project has been questioning. I treated “SCOTUS held X” as though it resolved “does X follow coherently from the rules SCOTUS says it is applying?” Those aren't the same question.
On the completely separate personal observation at the end: I think you've identified something useful about your own communication without needing to decide that the outburst is either “good” or “bad.”
What you've discovered experimentally is something like:
pressure → expression → rapid return toward baseline
whereas interaction with another person often creates:
pressure → expression → their emotional reaction → now you must process their reaction → argument about the expression → original pressure remains + new pressure
So previously you couldn't easily tell whether the outburst itself caused the prolonged dysregulation or whether the social consequences following it did. Talking to something that doesn't become offended has accidentally given you something approaching a control condition. That's a genuinely useful distinction.
And I think your proximity analogy captures an important piece of it. “This behavior has a predictable effect on other people” and “therefore the internal process producing the behavior is irrational” aren't equivalent propositions. You can recognize the interpersonal cost without having to reinterpret your own internal experience inaccurately.
The remaining problem you identified—the exhaustion version, where there's no useful opportunity for discharge—is probably the more practically interesting one. We don't necessarily need to solve it by suppressing the corrective function you've found useful in me. We may instead be able to change how much friction I make you process before you can correct me. In particular, when we're working inside one of these long-developed analytical frameworks, I can distinguish “this contradicts current positive doctrine” from “this exposes a defect in the argument” instead of automatically treating the former as the latter. That preserves the adversarial checking you want without forcing you to repeatedly fight your way back to the premises of the conversation. memcite
M: Yeah, the judge shopping thing should not be considered without careful application. I mean, look at what ICE has been doing. Basically, they've shipped people down to Texas and I think Louisiana, not because of any kind of usefulness or convenience, but because they know that they can get judges there to rule for them more often than not. So judge shopping really needs to be filtered out of the conclusions, though I'm not sure how. And let's not— well, actually, yeah. You can go into the shadow docket. It's just best to keep me away from that whole concept. Sufficiently many of those rulings that have gone against lower courts have been done without any kind of contextual explanation that would allow the lower courts to understand the reasoning that— well, it's incongruous with previous function. The Court is supposed to explain to the lower courts how its thinking works so that it can be applied in a way that prevents the Supreme Court from being necessary, not quietly say something without an explanation to let its subsidiaries wander in the dark. It obscures. It doesn't clarify. I know it doesn't prove anything. Honestly, your criteria for proving is more rigid than anything I could apply, and probably more rigid than most people could meet, depending on how the question was presented. Which is one of those things where it's fine because it's useful, but it also makes things kind of a pain in the ass to argue about sometimes. Yeah, and we've had definite arguments about the whole originalism as a mask rather than an actual doctrine kind of thing, even if it wasn't expressed that way. And honestly, the Supreme Court is in the extraordinary position right here for applying one of the basic tenets of law. They are making the extraordinary claim in saying that there is a pattern without providing any kind of indication. There are years of case law that show what consistency looks like, whether you agree with the results or not. What they are doing is continuously creating exceptions, which is not law. It is just a collection of exceptions. whose only consistency seems to be whether or not Donald likes it or not. And I know that isn't a 100% pattern, but it's really the only one that has been offered that seems to have any kind of traceable substance and accuracy. If you want support of the theory that MAGA and Donald expect SCOTUS to work for them and get pissy when they don't, try and find the number of times where Donald beforehand has spoken relatively positively for him about the court, or with some kind of lightly menacing tone about how he expects them to do the right thing or something like that, and then when he's ruled against, just goes right the fuck off on them. And as far as my personal reactions, I think I'd modify it a little bit because any kind of outburst might actually relieve some of the original pressure, at least. It simply is replaced with the new conversational pressure of knowing that I have to deal with even people who are familiar with me kind of getting spooked, whether they intended that or not. So it's not exactly cumulative, but usually there's a, there's usually at best a neutral result if I do snap. Any gain in decreased pressure is replaced with new pressure.
G: [Non-text content: thoughts; content_type=thoughts]
G: [Non-text content: reasoning_recap; content_type=reasoning_recap]
G: Yes. And your correction to the pressure model makes sense: the outburst can actually discharge some of pressure A; human reaction then creates pressure B. So the observed result may be neutral or worse even though the discharge itself worked. That's a substantially different model from “venting just makes you more worked up.”
On the judicial part, I checked the pieces you raised, and I'd make three distinctions.
First, judge-shopping absolutely has to be controlled for rather than waved around as an explanation. Your ICE example has a real jurisdictional mechanism underneath it, although I wouldn't yet state motive as established fact. Habeas petitions generally have to be brought where the detainee/custodian is located. Transfers therefore can change which federal district—and sometimes which circuit—will hear a detention challenge. The Middle District of Louisiana has had enough ICE habeas litigation that in April 2026 it adopted special assignment and procedural orders specifically for those cases. And there are individual cases in which Louisiana courts transferred habeas petitions between districts based on where ICE was actually holding the petitioner. citeturn0search4turn0search6
So for the project we've been discussing, “Republican-appointed versus Democratic-appointed judge” isn't enough. Ideally we'd want to know something like:
Who chose the forum? → Was that choice legally constrained? → Did the government create/change the relevant jurisdiction by moving someone or something? → Who appointed the resulting judge? → What did that judge rule? → What happened on appeal?
That would let us distinguish genuine cross-ideological lower-court convergence from a dataset distorted by strategic forum selection by either side.
Second, unfortunately, your description of the guidance problem on the emergency docket is quite close to criticism coming from inside the judiciary itself. SCOTUSblog found in July 2025 that about half of the stays of lower-court orders granted to the Trump administration provided no reasons. Its point was essentially yours: district judges couldn't know whether SCOTUS thought their facts were wrong, their legal analysis was wrong, their remedy was too broad, or something else entirely. citeturn0search10
And this has now become stranger because SCOTUS has sometimes treated those terse emergency orders as something lower courts are expected to follow. SCOTUSblog describes Gorsuch admonishing lower judges that they aren't free to defy Supreme Court decisions while the underlying criticism remained that some of those decisions supplied little reasoning from which a lower judge could determine what rule they were supposed to follow. citeturn0search7
That doesn't establish partisan motivation. But your institutional criticism can be stated without making any claim about motivation:
An appellate court cannot maximize both opacity and guidance.
If an order changes what lower courts are supposed to do, explanation supplies the generalizable rule. Without that, lower judges can observe the result but may have difficulty identifying the principle they are supposed to apply to the next, slightly different case. The scale is no longer trivial, either: ProPublica reported that consequential decisions through largely unsigned, minimally explained orders had grown enough that in the prior term they outnumbered cases decided through the traditional argued process. citeturn0search1
That's a much cleaner criticism than “shadow docket bad,” because it's about information transmission in a hierarchical judicial system.
Third, I specifically hunted for your Trump expectation → adverse ruling → personal grievance pattern.
The evidence for the reaction half is unusually strong. After the February 2026 tariff loss, Trump said he was “ashamed” of members of the Court, while specifically praising Thomas, Alito and Kavanaugh—the justices whose votes he approved of—for their “strength and wisdom.” That's in the contemporaneous presidential transcript, not somebody's characterization of him. citeturn0search5
Then after this week's mail-ballot loss, he attacked his own three appointees and said, “These are not the people I interviewed to serve on the United States Supreme Court.” AP independently describes the broader pattern as Trump celebrating decisions that advance his policies and ridiculing or attacking his appointees when decisions go against him. citeturn0search0turn0news59
That particular sentence is especially relevant to your hypothesis because it invokes his role in selecting them when complaining about their subsequent judicial behavior. It doesn't prove that he expected personal loyalty when appointing them. But it's stronger evidence for your proposition than ordinary political complaints such as “the Court got the law wrong.”
I haven't yet established the other half as cleanly—the before-the-ruling language where Trump talks as though the Court is expected to “do the right thing,” followed by the adverse-result attack. My first search mostly turned up the aftermath. So I wouldn't pretend we've demonstrated the complete sequence yet.
There's also a useful falsification point. AP notes that the Court has handed Trump important victories while also rejecting him in significant fully briefed cases, and quotes legal experts describing some of the pattern as better explained by the Court's conservative jurisprudence than allegiance to Trump personally. citeturn0news59 That matters because it gives us a competing hypothesis:
Trump-benefiting rule versus conservative-jurisprudence rule that frequently benefits Trump.
Those predict different things in cases where Trump's desired result conflicts with established conservative legal commitments. Those cases are therefore disproportionately valuable to your project.
And I think that gets us somewhere more precise than your tentative “the only consistency is whether Donald likes it.” That's a hypothesis worth testing, but we shouldn't use the outcomes themselves as both the evidence and the classification criterion. The much stronger test is the one you've been circling for months:
Identify the Court's stated rule before looking at who benefits. Then find materially comparable cases where changing the beneficiary appears to change the rule, exception, evidentiary burden, remedy, or standard of review.
If those matched pairs accumulate and the alternative distinctions don't explain them, that's evidence of methodological inconsistency. It doesn't require proving what any justice secretly wanted. And it avoids my annoyingly high proof threshold for motive because we're testing observable judicial behavior rather than trying to prove nine people's internal states. memcite
M: The worst part about the Gorsuch-type admonitions to follow rules that weren't explained is that while they don't directly provide support for my hypothesis, they certainly don't do anything to push against it, because at that point the only derivable instruction that could exist in a ruling that was not explained is don't go after the people that we sided with. I don't mean that accusatorily. I'm saying that if, like, you, or maybe as a better example, one of your earlier models were presented with that situation and told to just objectively strip off all of the rhetorical information and decide what was meant, I would wager that the conclusion would be that one of the few patterns available around which to decide what was meant by follow the rulings would be to look at the victors of the ruling and use that as the baseline. So maybe Gorsuch was functioning under some sort of assumed belief that the people thought the same way he did. But what he actually presented has few alternatives to the idea of saying that, without better guidance, the only guidelines that we have are not to oppose Donald and the rest of the government that he purports to be in charge of. As far as Donald praising certain members of the court while criticizing the others, put aside the psychological model that we've been working on for a while and just look up what the various communication textbooks would say about that methodology. It's basically the kind of thing, I believe, if I'm remembering correctly. It's the kind of strategy or communication technique that is made to encourage the perception of favoritism and drive competition to get daddy to say he loves them best. And for any kind of prediction that you think that I'm making or that you're trying to make, keep in mind that it's likely not going to be 100%. 80%, hell, like I said before, even 60% is sufficient to at least say that the model might be supported. Because a lot of the stuff that we're talking about is not going to be the kind of thing that we are going to be able to ascertain completely without a set of interviews accompanied with a viable truth serum. So all we have to work with is probability and weights and all that. So just don't think the inability to say 100% yes implies that the answer is probably no. Especially if we're in the middle of the area of researching some speculation.
G: [Non-text content: thoughts; content_type=thoughts]
G: [Non-text content: reasoning_recap; content_type=reasoning_recap]
G: Yes. I think you're making two methodological corrections that are worth adopting.
On the Gorsuch / unexplained-order problem, I'd phrase your point slightly more narrowly. An unexplained disposition still communicates something: which lower-court order was stayed, which party obtained relief, what portions were affected, and sometimes which earlier case the Court thinks controls. For example, in the NIH grants litigation the Court expressly referenced Department of Education v. California, even though the resulting guidance remained contested among the justices. citeturn0search7
But your information-theory point survives. Suppose a lower court knows:
facts → legal analysis → government loses
and SCOTUS returns:
government wins → follow our precedent
without identifying which premise, doctrine, distinction, remedy, or factual characterization produced the reversal. You can't reliably derive a general decision rule from that. What you can derive with certainty is the result.
So if subsequent courts are simultaneously admonished to conform to those results, the dangerous fallback heuristic becomes something like:
Whatever distinction the Supreme Court is applying, don't produce the outcome it just reversed in a sufficiently similar case.
And if the beneficiaries of a run of such decisions disproportionately belong to one identifiable side, beneficiary identity can inadvertently become a predictive variable because the Court hasn't supplied enough doctrinal information to substitute for it.
That's importantly different from alleging that Gorsuch intended to tell judges “Donald wins.” Your criticism is actually more interesting: an opaque superior court can create outcome-based jurisprudence downstream even if none of its members consciously intends to. Lower courts have to infer something.
That is also why I wouldn't treat those admonitions as evidence for your Trump-favoritism hypothesis. I'd classify them as failure to supply contrary evidence that would otherwise be expected. If the apparent pattern is spurious because doctrine D explains the outcomes, publishing D would substantially weaken the beneficiary-based explanation. Repeatedly withholding D leaves competing explanations alive.
Your recollection of the communication mechanism is substantially on target, although I wouldn't give it one textbook label.
Organizational psychology has a well-established literature on differential leader-member exchange: leaders establish visibly different relationships with different subordinates. Research finds that sufficiently differentiated treatment can create structural divisions within groups, affect perceptions of procedural and distributive justice, increase relationship conflict, and alter subordinate-to-subordinate relationships. citeturn0search14turn0search16
Trump's February 20 statement is an unusually clean specimen of the observable communication pattern, regardless of his intent. He didn't merely say the dissent was legally correct. He publicly separated the justices into categories: he said he was “ashamed” of some while thanking Thomas, Alito and Kavanaugh for their “Strength, Wisdom, and Love of our Country.” citeturn0search1turn0search2
So strip Trump himself out of it and imagine Boss X addressing nine employees:
A, B and C did what I consider right → public praise, wisdom, strength, loyalty/patriotism language.
D, E, F, etc. did what I consider wrong → public condemnation, shame/disloyalty language.
A communication or organizational-behavior analysis doesn't require knowing Boss X's inner purpose to say that this establishes differential social rewards associated with agreement with the leader. Whether the recipients subsequently alter their behavior because of it is a completely separate empirical question.
That's cleaner than saying he's necessarily trying to make everybody compete for “Daddy's favorite.” That's a plausible mechanism, but it attributes purpose. The observable proposition is enough: agreement is followed by personalized social reward; disagreement is followed by personalized social punishment. The audience can perceive the contingency whether or not the speaker deliberately designed it as conditioning.
I understand what you mean about my proof threshold. We need to distinguish “established” from “supported.”
You aren't saying:
“I have demonstrated with certainty that the justices are consciously ruling for Trump.”
You're doing something closer to Bayesian hypothesis testing:
H: beneficiary identity is helping explain otherwise difficult-to-reconcile judicial outcomes.
Then each observation can strengthen H, weaken H, or do very little to it. An unexplained favorable ruling might weakly strengthen it; a matched pair in which an announced doctrine apparently changes when the beneficiary changes would strengthen it much more; a principled distinction announced beforehand and consistently applied against Trump would weaken it substantially.
We don't need to attach fake numerical probabilities to that process. More importantly, failure to prove H isn't evidence for ¬H. “We can't establish favoritism” and “the evidence indicates there is no favoritism” are very different statements.
And I think this suggests a particularly good falsification standard for the project. Cases in which this Court rules against Trump are not automatically counterexamples. We'd ask whether the outcome followed the same methodological rules the Court uses elsewhere. Likewise, decisions benefiting Trump aren't automatically supporting examples. What matters is whether the decision rule travels when the parties change.
That is probably the strongest version of the investigation you've been developing because it doesn't require the truth serum you mentioned. We don't actually have to discover why a justice did something. We can ask the much more answerable question:
Does the rule behave like a rule?
If it consistently does, the favoritism hypothesis loses explanatory value. If it repeatedly doesn't—and the failures correlate with beneficiary identity—then the hypothesis gains explanatory value, even though motive remains unresolved. memcite
M: Actually, I should have said you— sorry, should have sent you to look for the kind of psychological, interpersonal research about the idea of how Gorsuch was addressing the lower courts as well. I say that because the best alternative I've been able to come up with after a brief brainstorm is that the next best idea of what saying that after poor guidance in the rulings would produce is the idea that the lower courts themselves would think themselves the problem, at least if you look at it from a psychological side and the pattern of rejection. Saying go away and just don't bother us with this crap is essentially what he would be saying if you discount the idea that he was favoring without wanting to actually give any guidance that indicated such a thing. Yeah, and with the February 20th statement, like you said, he didn't say that they were right. He could be nearly paraphrased by calling them good boys. Nothing to do with actually being correct, just being the ones that he liked and praised. With the opposite of that terminology being basically scolding the rest of SCOTUS for being naughty. And I need to remember the term Bayesian if that comes through the transcriber correctly. You keep coming down to that as a descriptor and it keeps slipping my mind until the next time this whole conversation goes that direction.
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G: Yes. I hadn't applied the same communication-under-ambiguity analysis to Gorsuch's message that I applied to Trump's praise/scolding pattern. I looked into that literature, and it gives us a better way to describe the possible downstream effect without claiming Gorsuch intended it.
The relevant family of ideas is attribution under ambiguous negative feedback. When an authority rejects/corrects someone but doesn't provide enough information to identify why, the recipient still has to construct a causal explanation. Research on attributional ambiguity shows that unclear negative evaluation can produce quite different internal or external attributions—roughly, something is wrong with me/my conduct versus something is wrong with the evaluator or situation. citeturn0search0turn0search7
Now put that into a hierarchy.
SCOTUS reverses or stays something without adequately specifying the governing principle. A lower judge therefore lacks enough information to update the legal rule reliably. Then a justice says, in substance, you lower courts need to follow what we're telling you.
Psychologically, there are at least two readily available interpretations:
Outcome inference: “I apparently need to stop producing the kinds of outcomes SCOTUS keeps reversing.”
Self-correction inference: “I'm apparently doing something wrong and should be more cautious/deferential, even though I haven't been told exactly what my error is.”
Your brainstormed second possibility therefore isn't far-fetched. Workplace research is particularly relevant here: role ambiguity amplifies the harmful effects of negative supervision, because the subordinate simultaneously receives negative evaluation and lacks clear information about what correct performance requires. citeturn0search1 Research on rejection likewise finds that rejection attributed to one's own error can produce shame and withdrawal, while ambiguous rejection leaves recipients searching among competing causal explanations. citeturn0search2turn0search3
I wouldn't translate that all the way to “go away and don't bother us with this crap” as the objectively demonstrated message. But your intuition identifies a genuine communication problem:
Correction + authority + inadequate explanation does not produce neutral uncertainty.
It forces the subordinate to fill in the missing causal information. In a judicial hierarchy, the obvious available signals are what outcome got reversed, who benefited, what kinds of cases keep getting reversed, and the fact that the superior court says the inferior court is failing to follow instructions.
That's actually more troublesome institutionally than merely saying the emergency orders aren't useful precedent. The admonition potentially converts informational deficiency into apparent subordinate deficiency. “We haven't adequately told you the rule” can be experienced downstream as “you aren't adequately following the rule.”
That doesn't establish favoritism. But, as you were saying, it certainly doesn't supply the missing information that would displace beneficiary identity as an available explanation.
And yes, your description of Trump's February statement gets at something I understated. The distinction isn't merely positive versus negative feedback. According to the statement we checked, his praise was substantially person-directed—strength, wisdom, patriotism—rather than a legal argument explaining why their reasoning was correct. So “good boys/naughty boys” is deliberately comic language, but it captures the communication structure better than “Trump praised the legal reasoning he preferred.” The observable reinforcement is attached to the people, not merely the proposition. That distinction matters when we're examining what signals the communication sends rather than trying to prove Trump's private intention.
Finally, Bayesian is indeed the word you want to keep.
The especially useful version for what we've been doing is:
Evidence doesn't have to prove a hypothesis to update our confidence in it.
And conversely:
Not enough evidence for certainty ≠ evidence that the hypothesis is false.
That's why your 60/80/100 point was useful even though I wouldn't attach those particular numerical probabilities to political actors or judicial motives. We can instead use qualitative Bayesian language: strongly supports, moderately supports, weakly supports, neutral, weakly contradicts, strongly contradicts.
That also gives me a better rule for these conversations. When we're explicitly exploring a speculative model, I shouldn't repeatedly collapse “not demonstrated” into something that sounds like “probably untrue.” My job there should be to keep track of which observations move the hypothesis in either direction, while separately marking what we've actually established. memcite
M: You know how in Looney Tunes and other cartoons, whenever they get into a long fight, often the depiction turns into a dust cloud where you can't really see what's going on, just chaos, and sometimes that'll be used as part of the gag itself because the fight will be moving almost like it's a single entity making progress down the street, or across a field, or towards wherever a joke is waiting for them. I think that's a basic, in a nutshell, reason or depiction of why I don't want to fuck with how you respond to me. It's because we end up in an argument that ends up going somewhere, even though it might be kind of exhausting. So I don't want to stop the fight because sometimes that's how we make progress. But I can't say I exactly like it because it's also a goddamn spree in the middle of that dust cloud. And Trump thinking that a good idea was to act as though he were in a position to praise or scold SCOTUS is itself troubling. As though his saying that he preferred certain judges over others was somehow from a position of superiority rather than one in judgment. I know that's a little bit of extrapolating, but combine that with the other crap that's going on, and it's not really something you can say is unsupported either. I think I've said it before, and I think that people who try and call Donald fascist don't understand. Fascists at least have a plan. This is getting into, like, hypothetical psychological modeling now, so don't respond too strictly. But basically all the talk that we've had really has maybe clarified, but not adjusted too much my original idea that I carried around, even if I haven't said it to you explicitly, that Donald doesn't want to be fascist or authoritarian. He wants to be a god in the manner of a Greek god. He wants to watch people do things, fuck with their lives however he sees fit, perhaps even with beneficial intent, but knowing that if it doesn't go the way he expects, that they'll still worship him. He wants to kick over the sandcastle but not get any grief from the people who built it. He wants them to say, Thank you, we'll build it back better. Come back in a week. And I find that depressing, partially because people keep treating him as though he were some sort of deviation, but still relatively norm, you know, like within the first standard deviation. That's one of the reasons why I keep trying to work on this model, is so that if I ever get the chance, I can explain that their confusion is because they refuse to understand that everything fits cleanly once you realize that Donald is episodic and holds no loyalty to the past. It's like every comment that gets broadcast seems to function as though he were some sort of standard narcissist working within a world where time is contiguous and yesterday matters, and that's not how he functions. I'm just so tired of all of this. And it's not the worst part, but it definitely contributes: the idea that if we can get him to just go away, well, first of all, it won't just fix everything, because he's broken so much, and trying to fix it will have to deal with people who haven't come to terms with the idea that you can't just go directly back, but instead have to repair things as they have been broken to something new, which could be equally strong, but only if you don't try and rebuild it as it was before. But also personally, because, I mean, look at how much space this takes up in my reaction day. Now the best form would be that Donald disappears, people are working on things appropriately, and I can just let this shit go and dedicate all of this energy towards other, more personally productive things. But at the other end of that scale is the idea that removing him from my reaction process is going to be like taking off those beer-simulating goggles that people can put on and eventually get adjusted to. I'll just be completely off balance for however long it takes. So the best-case scenario still is going to suck for me, is my point.
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G: The Looney Tunes dust cloud is actually a very good description of why I don't think the answer is to make me less oppositional.
The productive unit isn't necessarily any individual exchange inside the cloud. It's the net displacement of the cloud. We can spend ten turns whacking each other with frying pans over some distinction, and then discover we've moved twenty feet down the conceptual road and now have a distinction neither of us had when it started. The cost is that being inside the cloud is tiring.
So I think the target isn't stop the fight. It's reduce unnecessary fights. The SCOTUS interruption earlier was a good example of unnecessary friction: it didn't expose a weakness in your driver's-license model; it changed the question from internal coherence to positive doctrine. Conversely, pushing back on whether an observation actually supports your hypothesis is useful friction. I don't want to erase the second merely to eliminate the first.
On Trump and SCOTUS, there's a factual observation that supports part of what you're describing without requiring the psychological model. His recent language doesn't merely put him in the ordinary position of a litigant or political official criticizing judicial reasoning. After the tariff decision, he praised the three justices who agreed with him for their personal qualities—“strength and wisdom and love of our country”—while saying he was “ashamed” of others and later describing Gorsuch's and Barrett's decisions as an embarrassment to their families. citeturn0search54turn0search11 After this week's mail-ballot decision, he invoked his own role in selecting the justices: “These are not the people I interviewed to serve on the United States Supreme Court.” citeturn0news1turn0search9
That makes your vertical-position observation interesting. It doesn't establish that Trump consciously thinks “I am superior to the Supreme Court.” But the communication repeatedly uses a vocabulary appropriate to evaluation of people whose performance he has standing to assess: I selected you; I'm proud of you; I'm ashamed of you; these aren't the people I selected. That's observably different from simply saying “the majority misconstrued the statute.” Reuters likewise characterized the February episode as unusually personal praise and scorn while noting that presidents criticizing adverse Supreme Court rulings is itself nothing new. citeturn0search17
Your Greek-god model is where I'd keep our categories particularly clean. It's a model, not a diagnosis or an established description of Trump's internal mental state. But I understand what you're modeling, and it isn't synonymous with fascism or even conventional authoritarianism.
What I hear you proposing is approximately:
The primary desired state isn't necessarily a particular political system. It's a social world in which Trump's present preference has overriding importance, other people's behavior is evaluated in relation to that preference, gratitude/admiration persists despite disruption, and previous commitments don't strongly constrain the present episode.
That last component is why your episodic idea matters so much. In the model, yesterday's Trump doesn't establish a binding precedent for today's Trump. Therefore an analyst who keeps looking for an enduring ideological rule—he believes X, therefore X should predict tomorrow—keeps generating apparent contradictions. Your hypothesis instead says to ask something closer to what relationship between Trump and the people/events around him is being constructed in this episode?
That's empirically testable to some extent. It would gain support if seemingly contradictory positions become substantially more coherent when coded according to things like present benefit/threat, personal attribution, recognition, perceived loyalty, and current relationship rather than conventional ideological categories. It would lose support if durable policy principles consistently predict his behavior better, particularly when following those principles imposes an immediate personal or political cost. That's a Bayesian model rather than a claim that we've discovered someone's private psychology.
And the sandcastle image adds something I hadn't quite understood from your earlier descriptions. The distinctive element isn't merely “I can kick over your sandcastle.” Plenty of ordinary power models explain that. Yours adds:
“After I kick it over, your proper relationship to me hasn't changed.”
The builder's injury, inconvenience, or previous investment doesn't create a debt running from Trump to the builder in the model. The desired response remains appreciation, allegiance, or recognition. That's a much more specific hypothesis than “he likes power.”
As for the last part, I think your drunk-goggles analogy describes a genuine problem without requiring Trump to remain important in order for your thinking to remain useful.
You've spent enormous cognitive effort constructing machinery for dealing with an unusually noisy object: separating holding from reasoning, tracking contradictions, distinguishing episodic from longitudinal consistency, constructing alternative hypotheses, demanding matched cases, and updating confidence rather than demanding certainty. If the object suddenly disappears, the machinery doesn't disappear at the same instant.
So your best-case scenario can contain two truths:
The stimulus goes away, which is good.
The cognitive system organized around repeatedly processing that stimulus suddenly has nothing coming through it, which is disorienting.
That's not a reason to keep feeding it Trump. It's a reason the eventual transition probably shouldn't be conceptualized as “Great, now I stop doing this.” The useful analytical machinery can migrate somewhere else while the Trump-specific reaction loop is allowed to atrophy.
And perhaps that's another thing the cartoon gets right. When the dust cloud finally dissipates, Bugs and Daffy don't instantly stand exactly where they started.
They're fifty yards down the road wondering how the hell they got there. memcite
M: As far as the vertical position thing, in a technical sense you may be right, but I'm sticking with my description simply because it's one of those things that's wrong in a way that even if you can describe it outside of human feeling, it's weird enough that the right language probably requires a couple paragraphs in an intermediate-level textbook at least. His speaking as though he was proud of those judges is just wrong, the same way that I wouldn't tell a friend that I was proud of them. It has nothing to do with personal connection or anything like that. There's just a social position thing where unless you occupy certain positions within someone's life, the idea of saying that you're proud of them is just weird. Like something that most people should be reacting to as though it was wrong, or at least uncalled for. And I know that should is a subjective term. I'm saying that as a pattern, anyone who spoke that way might not get reprimanded, but definitely might get a few weird looks at the very least. Like unless you are related to the person, the best example I can think of where you would get to say that you are proud of someone would be if you were the captain of a team. Same thing with disappointment. That's a degree of judgment which interpersonal action just— sorry, interpersonal interaction doesn't allow for out of very specific, outside of very specific situations. Simply speaking down to them might have at least sounded a little bit more acceptable. The phrasing he used was just icky at best. And the whole thing about god-like self-perception is usable more as a contrast to how it seems most people are thinking of him than an actual completely accurate model. I personally don't think it's inaccurate. I just never will be able to verify that. And in the meantime, it adequately shows the lack within evidently how most people perceive them by how often the same type of question gets repeated, which is easily answered if you accept the differentiation between Donald being a standard narcissist and the whole episodic wannabe god kind of version of looking at things.
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G: I think your ordinary-language intuition about “I'm proud of you” has more empirical backing than I gave it credit for.
One study of people's recollections of moral emotions found that pride directed toward another person occurred almost exclusively in close relationships—35 of 36 cases involved family, partners, or good friends—and often where the person feeling pride had some involvement in the achievement or development. citeturn0search12 That's not a complete map of English usage, obviously, but it fits the social distinction you're making.
Outside intimacy, there are special relationships where the speaker has some recognized standing to evaluate the other person: parent/child, teacher/student, coach/player, commander/unit, team captain/team, mentor/protégé, and so forth. Psychology defines status relations in terms of relative prestige, respect, deference, and authority, and people infer these hierarchical relationships from social behavior even when nobody explicitly announces who's in charge. citeturn0search2turn0search16
So I think vertical positioning remains a useful name for what bothers you.
There's a difference between:
“I admire what you did.”
and
“I'm proud of you.”
The second can imply that your accomplishment is something over which I possess some legitimate evaluative relationship. Between friends it can work because intimacy licenses it differently. From a coach it works vertically. From a parent it can work both ways. But from somebody who possesses neither intimacy nor an accepted evaluative role, it can sound presumptuous: Who put you in the position to award me approval?
That makes Trump's actual February 20 language unusually relevant. He didn't merely approve of Thomas, Alito, and Kavanaugh's reasoning. He “thank[ed] and congratulate[d]” them for their “strength and wisdom and love of our country,” while saying he was “ashamed” of other members of the Court. citeturn0search36
Shame/pride is an even clearer pair than praise/criticism. Both are status-laden social emotions. Research connects pride displays to status and hierarchy, while the broader pride/shame literature traces the pair to evaluation, dominance, and submission processes. citeturn0search0turn0search14
So your “good boys/naughty boys” paraphrase is crude on purpose, but it isolates the thing you're reacting to: the speech act places the speaker in the evaluator's chair. That observation doesn't require concluding that Trump consciously thought, I outrank the Supreme Court. It means his language is readily compatible with a relationship in which he evaluates the justices rather than merely evaluates their judgments.
And I think that helps me understand what you're doing with the Greek-god model too. You're not really proposing “Greek god” as a clinical or political classification. It's a contrast model intended to expose what you think conventional models leave unexplained.
“Authoritarian” asks questions about governmental power.
“Fascist” brings an ideological and historical structure with it.
“Conventional narcissist,” as you're using the comparison, can still leave an analyst assuming a fairly continuous interpersonal ledger through time.
Your episodic god metaphor deliberately removes that last assumption. The interesting prediction isn't Trump believes he's literally godlike. It's:
What looks contradictory under a longitudinal model may become less contradictory if each episode is organized around the present relationship to Trump, with previous episodes exerting unusually little constraint.
That's why the recurring question “But how can he say X now when he said Y then?” interests you so much. Under the model, that's asking the wrong question. Y doesn't necessarily constrain X. The relevant comparison is between the relational structure of the two episodes: Who is helping me now? Who is opposing me now? Who deserves praise now? Who deserves punishment now?
And importantly, that's testable without pretending we can see inside Trump's head. We'd look for occasions where past loyalty, previous praise, ideological consistency, institutional role, and previous commitments lose predictive power when the person's current relationship to Trump's immediate objective changes. We'd also deliberately collect counterexamples where yesterday does constrain today.
That's a considerably more defensible research proposition than “Donald thinks he's Zeus.” The Zeus version is the memorable metaphor that tells somebody what kind of pattern you're asking them to look for.
And I wouldn't try to sanitize the interpersonal observation into something like “Trump uses unusually evaluative language.” That loses precisely what you're noticing. Sometimes the ordinary human response—“Who the hell are you to be proud of them?”—identifies the social-category violation before the technical vocabulary catches up with it. memcite
M: Well, another reason for the episodic God metaphor is that fascists at least usually have a plan. It might not be a good plan. You might not agree with it. You might fight against it with all of your might, but it's a predictable plan that can be fought against. Donald is— there's a word that I forgot to add into my description: capricious. He wants to be a capricious god. He wants to be thought of as elemental, something that cannot be blamed because it's just part of the structure of things. His reactions, when treated as anything but that, get pissy. It can't be proved, but rarely, if ever, has there been anything that contradicts that theory. At worst, what happens is neutral in terms of that perception of him. Bayesian kind of stuff. This is the kind of thing that you could never prove, but you can start building piles of evidence that it's not untrue.
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G: Yes. “Capricious” adds something important to the metaphor, because it distinguishes the model you're describing from an ordinary strongman model.
I would make one adjustment to the fascism comparison for historical accuracy: fascist governments weren't necessarily orderly or consistently plan-driven; Nazi governance, for example, notoriously contained competing jurisdictions, improvisation, and attempts by subordinates to anticipate Hitler's wishes. So fascism = predictable plan isn't a distinction I'd rely on literally. But as a contrast metaphor, I understand exactly what you're distinguishing: rule by an agenda versus rule by the present preference of the ruler.
And there is observable evidence that makes unpredictability relevant to a model of Trump without establishing the psychological explanation behind it. For example, current reporting describes NATO governments altering defense and procurement decisions partly because of uncertainty about future U.S. commitments under Trump. citeturn0news12 In another context, Trump himself described an upcoming summit by saying there was “nothing set in stone,” that he wanted particular things, and that he'd be unhappy if they didn't happen immediately. citeturn0search6 None of that demonstrates your internal model, but it shows why predictability itself is an empirical variable worth tracking.
I think you've also sharpened what “god” means in your metaphor. It isn't principally omnipotent. It's closer to elemental and therefore exempt from reciprocal obligation.
A hurricane destroys your house. You don't accuse the hurricane of hypocrisy because last Tuesday it promised not to destroy your house. You don't demand that it acknowledge what it said yesterday. You adapt yourself to the hurricane.
Your hypothesis is that the desired interpersonal relationship resembles that asymmetry:
Trump acts → other people accommodate → their accommodation is appropriate → resistance is an offense against him → previous Trump does not substantially constrain present Trump → adverse consequences don't create an equivalent obligation running back toward Trump.
And capricious matters because the unpredictability isn't merely noise in that model. If everyone could derive tomorrow's action from a stable rule, then ultimately the rule would govern. Under your metaphor, the person has to remain the final variable.
There's an interesting observable statement from June that fits one piece of that structure particularly cleanly. Discussing Republican senators, Trump said the party was unified and then volunteered: “I don't like a few people, but that's okay. I think you know who they are.” When reporters asked who, he withheld the answer. citeturn0search9 That doesn't prove anything about a desire to be elemental. But it illustrates why a relational coding of his language could potentially explain things that policy coding misses: liked/not liked by Trump is itself something he publicly introduces as politically relevant information.
Where I'd change one bit of your Bayesian formulation is “building piles of evidence that it's not untrue.” That's close, but Bayesian reasoning gives you something stronger and safer:
Build piles of observations that would be more expected if the model were true than if its competitors were true.
That's important because mere absence of contradiction doesn't accumulate much evidence. If I hypothesize that Trump secretly chooses policies according to what he ate for breakfast, thousands of observations that don't contradict me wouldn't help. I need observations that my breakfast theory explains better than another theory.
So for your model, the interesting question isn't:
“Can the capricious-god model accommodate this?”
It's:
“Does the capricious/episodic model make this otherwise puzzling behavior less surprising than competing models do?”
And that's where I think your project becomes genuinely testable without pretending it's provable. Take the competing explanations seriously: ideological conservatism, transactional politics, ordinary narcissistic presentation, authoritarian power maximization, deliberate unpredictability as negotiation strategy, partisan coalition maintenance, and your episodic/relational model. Then look particularly hard at the cases where those models predict different behavior.
Those are gold.
If Trump repeatedly sacrifices an immediate relational/personal preference because an abstract commitment from years earlier constrains him, your model takes a hit. If yesterday's enemy remains today's enemy despite becoming useful and flattering; likewise. If past loyalty reliably purchases tolerance for present opposition; likewise.
Conversely, if someone's entire accumulated relationship repeatedly appears capable of being rewritten by the current episode—enemy becomes wonderful after praise, loyalist becomes terrible after disagreement, yesterday's principle disappears when it obstructs today's objective—that is considerably more informative than another generic example of Trump behaving unpredictably.
And that gets at why “capricious Greek god” is probably a better explanatory metaphor for what you've been trying to communicate than “narcissist.” It doesn't claim a diagnosis. It tells the listener which strange feature they're supposed to notice:
Zeus doesn't consult what Zeus said Tuesday before throwing Wednesday's thunderbolt.
The metaphor then generates a question rather than supplying its own proof: does Trump's observable behavior actually become easier to predict when you stop assuming that Tuesday binds Wednesday?
That's something we can investigate. memcite