Jordan Ascher
@j-p-a.bsky.social
Thinking and writing about administrative law and policy. 🍂🐈⬛🧄
Today in Lawfare: Trump's plan to screen federal job applicants for political allegiance is flagrantly unlawful. We explain why and what litigants might think about.
In May, the Trump administration released its Merit Hiring Plan as a part of its efforts to reshape the civil service.
@j-p-a.bsky.social and Mia Harris explore the illegality of the plan, which may politicize federal hiring, and the hurdles those bringing suit over it would face.
@j-p-a.bsky.social and Mia Harris explore the illegality of the plan, which may politicize federal hiring, and the hurdles those bringing suit over it would face.
Trump’s ‘Merit Hiring Plan’ Has a First Amendment Problem
The administration is adding a political loyalty test to federal job applications. That is unlawful.
www.lawfaremedia.org
September 18, 2025 at 3:07 PM
Today in Lawfare: Trump's plan to screen federal job applicants for political allegiance is flagrantly unlawful. We explain why and what litigants might think about.
Reports of the death of universal preliminary relief are greatly exaggerated—at least as to final agency action. From me, today, in @justsecurity.org:
Post the Supreme Court ruling in CASA, litigants seeking to stop Trump administration actions nationwide still have options, says @j-p-a.bsky.social
APA § 705 is a powerful tool to quickly stop unlawful agency action nationwide.
www.justsecurity.org/119256/apa-u...
APA § 705 is a powerful tool to quickly stop unlawful agency action nationwide.
www.justsecurity.org/119256/apa-u...
The APA Authorizes “Universal” Stays of Agency Action
For litigants seeking to move quickly against unlawful executive action, Section 705 of the APA should be a powerful tool.
www.justsecurity.org
August 21, 2025 at 1:04 PM
Reports of the death of universal preliminary relief are greatly exaggerated—at least as to final agency action. From me, today, in @justsecurity.org:
Reposted by Jordan Ascher
I’m encountering the word “munch” a lot lately and I do not care for that word at all. 🥴
August 1, 2025 at 5:46 PM
I’m encountering the word “munch” a lot lately and I do not care for that word at all. 🥴
Reposted by Jordan Ascher
Great & provocative paper and 🧵 from Jordan on what admin law might have to say about agencies using genAI & machine learning for rulemaking. Includes a superb research agenda for scholars wondering where to dig in. ⬇️
The Trump administration has made clear that it is going to use AI to supercharge deregulation. What do the doctrines of administrative law have to say about AI? A new Issue Brief from me and GFI explores that question.
governingforimpact.org/wp-content/u...
governingforimpact.org/wp-content/u...
governingforimpact.org
August 1, 2025 at 6:21 PM
Great & provocative paper and 🧵 from Jordan on what admin law might have to say about agencies using genAI & machine learning for rulemaking. Includes a superb research agenda for scholars wondering where to dig in. ⬇️
The Trump administration has made clear that it is going to use AI to supercharge deregulation. What do the doctrines of administrative law have to say about AI? A new Issue Brief from me and GFI explores that question.
governingforimpact.org/wp-content/u...
governingforimpact.org/wp-content/u...
governingforimpact.org
July 31, 2025 at 8:29 PM
The Trump administration has made clear that it is going to use AI to supercharge deregulation. What do the doctrines of administrative law have to say about AI? A new Issue Brief from me and GFI explores that question.
governingforimpact.org/wp-content/u...
governingforimpact.org/wp-content/u...
AI is going to have a huge role in federal rulemaking. It probably already does. The public should push agencies to disclose how they are using AI. Me, in Notice & Comment, on one way to do so: www.yalejreg.com/nc/seeking-d...
Seeking Disclosure of AI Usage in Agency Rulemaking, by Jordan Ascher - Yale Journal on Regulation
The Trump Administration has shown great interest in using artificial intelligence tools in governance. It has reportedly used AI to, among other things, evaluate federal workers’ responses to the gov...
www.yalejreg.com
July 21, 2025 at 2:48 PM
AI is going to have a huge role in federal rulemaking. It probably already does. The public should push agencies to disclose how they are using AI. Me, in Notice & Comment, on one way to do so: www.yalejreg.com/nc/seeking-d...
I have a piece in Lawfare today exploring a supporting player in litigation against executive action—nonstatutory review. A quick take on a big topic.
"Despite the Court’s rejection of the application of this doctrine in Nuclear Regulatory Commission, nonstatutory review is likely to remain a valuable tool in pending and future challenges to the administration," writes @j-p-a.bsky.social. www.lawfaremedia.org/article/nrc-...
NRC v. Texas and Nonstatutory Review of Executive Action
There is a powerful means to challenge executive action apart from the Administrative Procedure Act.
www.lawfaremedia.org
July 21, 2025 at 2:40 PM
I have a piece in Lawfare today exploring a supporting player in litigation against executive action—nonstatutory review. A quick take on a big topic.
Reposted by Jordan Ascher
"Despite the Court’s rejection of the application of this doctrine in Nuclear Regulatory Commission, nonstatutory review is likely to remain a valuable tool in pending and future challenges to the administration," writes @j-p-a.bsky.social. www.lawfaremedia.org/article/nrc-...
NRC v. Texas and Nonstatutory Review of Executive Action
There is a powerful means to challenge executive action apart from the Administrative Procedure Act.
www.lawfaremedia.org
July 21, 2025 at 2:18 PM
"Despite the Court’s rejection of the application of this doctrine in Nuclear Regulatory Commission, nonstatutory review is likely to remain a valuable tool in pending and future challenges to the administration," writes @j-p-a.bsky.social. www.lawfaremedia.org/article/nrc-...
Extremely enjoyable baseball experience.
Come to Meiji Jingu Stadium for a half-price beer and root for the Swallows.
July 8, 2025 at 10:30 AM
Extremely enjoyable baseball experience.
Reposted by Jordan Ascher
What comes next after CASA?
“Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide.
A must-read primer. 👇
www.justsecurity.org/116162/unive...
“Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide.
A must-read primer. 👇
www.justsecurity.org/116162/unive...
“Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions
www.justsecurity.org
July 3, 2025 at 1:27 PM
What comes next after CASA?
“Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide.
A must-read primer. 👇
www.justsecurity.org/116162/unive...
“Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide.
A must-read primer. 👇
www.justsecurity.org/116162/unive...
Cut through the noise on universal injunctions and learn about the current state of play with me and @jtlew3.bsky.social.
What comes next after CASA?
“Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide.
A must-read primer. 👇
www.justsecurity.org/116162/unive...
“Universal” relief remains possible, explain John Lewis and Jordan Ascher. The APA and other equitable remedies can still block unlawful executive actions nationwide.
A must-read primer. 👇
www.justsecurity.org/116162/unive...
“Universal” Relief After Trump v. CASA
CASA’s reasoning left open multiple avenues for litigants seeking to obtain broad relief against unlawful executive actions
www.justsecurity.org
July 3, 2025 at 1:42 PM
Cut through the noise on universal injunctions and learn about the current state of play with me and @jtlew3.bsky.social.
The Administrative Procedure Act is all anyone's talking about these days. My org, Governing for Impact, has just put out a nine-part (!) library of primers on what APA litigators need to know. It's all here:
governingforimpact.org/apa-library/
governingforimpact.org/apa-library/
Administrative Procedure Act Library | Governing for Impact
The press has described the Administrative Procedure Act as the “wonky workhorse of American law,” “mundane but crucial.” It is neither wonky nor ...
governingforimpact.org
May 30, 2025 at 11:58 AM
The Administrative Procedure Act is all anyone's talking about these days. My org, Governing for Impact, has just put out a nine-part (!) library of primers on what APA litigators need to know. It's all here:
governingforimpact.org/apa-library/
governingforimpact.org/apa-library/
Reposted by Jordan Ascher
This illustrates how the Supreme Court facilitates presidential authoritarianism. By declining to enforce federal laws that bind the president—except for laws it likes—it invites presidents to challenge legal boundaries. Our democracy needs a court that enforces federal law, not one that defies it.
The Supreme Court goes out of its way to say that its order today does NOT allow Trump to remove members of the Federal Reserve because it is "uniquely structured" and has a "distinct history tradition." (I do not think those distinctions hold water.) www.supremecourt.gov/opinions/24p...
May 23, 2025 at 1:01 AM
This illustrates how the Supreme Court facilitates presidential authoritarianism. By declining to enforce federal laws that bind the president—except for laws it likes—it invites presidents to challenge legal boundaries. Our democracy needs a court that enforces federal law, not one that defies it.
The Supreme Court’s notorious recent decisions construed federal laws criminalizing certain acts by state and local officials; they should not be treated as authoritative treatments of the word “corruption.”
May 12, 2025 at 5:20 PM
The Supreme Court’s notorious recent decisions construed federal laws criminalizing certain acts by state and local officials; they should not be treated as authoritative treatments of the word “corruption.”
Great bit from the MTA’s preliminary injunction motion in the congestion pricing case.
May 6, 2025 at 11:24 AM
Great bit from the MTA’s preliminary injunction motion in the congestion pricing case.
In its accidentally disclosed memo, DOJ argues that the agreement authorizing congestion pricing can lawfully be terminated under OMB grant rescission regulations. Maybe; there's a lot of pending litigation regarding those regs. But, as a first cut, the argument sounds weak to me.
April 24, 2025 at 4:09 PM
In its accidentally disclosed memo, DOJ argues that the agreement authorizing congestion pricing can lawfully be terminated under OMB grant rescission regulations. Maybe; there's a lot of pending litigation regarding those regs. But, as a first cut, the argument sounds weak to me.
Reposted by Jordan Ascher
“Disorder in the Court: U.S. DOT Lawyers Upload Memo Admitting Their Congestion Pricing Case is Weak” — nyc.streetsblog.org/2025/04/24/d...
Disorder in the Court: U.S. DOT Lawyers Upload Memo Admitting Their Congestion Pricing Case is Weak - Streetsblog New York City
Lawyers advising U.S. DOT Secretary Sean Duffy make it clear: His case to end congestion pricing is weak.
nyc.streetsblog.org
April 24, 2025 at 12:36 PM
“Disorder in the Court: U.S. DOT Lawyers Upload Memo Admitting Their Congestion Pricing Case is Weak” — nyc.streetsblog.org/2025/04/24/d...
But not scrubbed from our hearts or my Google Drive.
Scrubbed from pacer!!!
April 24, 2025 at 2:06 AM
But not scrubbed from our hearts or my Google Drive.
Reposted by Jordan Ascher
So, uh, it certainly looks like DOJ intended to file a letter to Judge Liman in MTA v. Duffy, but….it accidentally filed a letter containing its legal advice to the Department of Transportation instead
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
April 24, 2025 at 1:55 AM
So, uh, it certainly looks like DOJ intended to file a letter to Judge Liman in MTA v. Duffy, but….it accidentally filed a letter containing its legal advice to the Department of Transportation instead
storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com/recap/gov.us...
Reposted by Jordan Ascher
It appears so.
Did the Federal DOT just accidentally file a letter containing legal advice from the DOJ, instead of a letter addressed to the Judge, in the MTA v Duffy case?
April 24, 2025 at 1:27 AM
It appears so.
Reposted by Jordan Ascher
“[T]here is considerable litigation risk in defending the Secretary’s [congestion pricing directive] under the Administrative Procedure Act, that
the decision was contrary to law, pretextual, procedurally arbitrary and capricious, and violated
due process.” storage.courtlistener.com/recap/gov.us...
the decision was contrary to law, pretextual, procedurally arbitrary and capricious, and violated
due process.” storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
April 24, 2025 at 1:27 AM
“[T]here is considerable litigation risk in defending the Secretary’s [congestion pricing directive] under the Administrative Procedure Act, that
the decision was contrary to law, pretextual, procedurally arbitrary and capricious, and violated
due process.” storage.courtlistener.com/recap/gov.us...
the decision was contrary to law, pretextual, procedurally arbitrary and capricious, and violated
due process.” storage.courtlistener.com/recap/gov.us...
Reposted by Jordan Ascher
Did the Federal DOT just accidentally file a letter containing legal advice from the DOJ, instead of a letter addressed to the Judge, in the MTA v Duffy case?
April 24, 2025 at 1:22 AM
Did the Federal DOT just accidentally file a letter containing legal advice from the DOJ, instead of a letter addressed to the Judge, in the MTA v Duffy case?
The Department of Transportation appears to have filed an internal DOJ memorandum that is extremely damaging to its litigating position in the congestion pricing lawsuit. @ndhapple.bsky.social storage.courtlistener.com/recap/gov.us...
storage.courtlistener.com
April 24, 2025 at 1:15 AM
The Department of Transportation appears to have filed an internal DOJ memorandum that is extremely damaging to its litigating position in the congestion pricing lawsuit. @ndhapple.bsky.social storage.courtlistener.com/recap/gov.us...
Reposted by Jordan Ascher
The sunset in new york is unmatched. Here's a watercolor i did from the RFK bridge.
April 23, 2025 at 2:05 PM
The sunset in new york is unmatched. Here's a watercolor i did from the RFK bridge.
Even the small coal serving as my heart cannot help but be cheered by the Harvard news.
April 14, 2025 at 6:46 PM
Even the small coal serving as my heart cannot help but be cheered by the Harvard news.