The higher order approach to consciousness attempts to build a theory of consciousness from the insight that a conscious state is one that the subject is conscious of. There is a well-known objection1 to the higher order approach, a version of which is fatal. Proponents of the higher order approach have realized that the objection is significant. They have dealt with it via what David Rosenthal calls a “retreat” (2005b, p. 179) but that retreat fails to solve the problem.