Sign in

Jordan Ascher

@j-p-a.bsky.social
315 followers 548 following 94 posts

Senior Counsel, Governing for Impact. Thinking and writing about administrative law. 🍂🐈‍⬛🧄

PostsRepliesMedia
Reposted by Jordan Ascher
Stats @redsoxstats.bsky.social · 01/10/2026
Red Sox in the 2000s 14 years with Ortiz as primary DH 45 playoff wins, 3.2 per season 5 years with Martinez as primary DH 17 playoff wins, 3.4 per season 8 years with neither of the two as primary DH 2 playoff wins, 0.25 per season
126912
Jordan Ascher @j-p-a.bsky.social · 16/09/2026
New York City book tour stop?
011
Jordan Ascher @j-p-a.bsky.social · 01/09/2026
The presumption of regularity is all anyone's talking about these days. From me in @justsecurity.org: what it all means for litigants.
010
Reposted by Jordan Ascher
Just Security @justsecurity.org · 01/09/2026
Why the erosion of the presumption of regularity presents significant opportunities to those challenging the Trump administration’s agenda in court, from Governing for Impact's Jordan Ascher. www.justsecurity.org/155321/presu...
justsecurity.org
What the Presumption of Regularity’s Erosion Means for Challenges to Executive Action
The erosion of the presumption of regularity presents opportunities to those challenging the Trump administration’s agenda in court.
12316
Reposted by Jordan Ascher
Just Security @justsecurity.org · 27/08/2026
With news that Ratko Mladić, Bosnian-Serb general dubbed the ‘Butcher of Bosnia,’ has died at 84 while serving life sentence in The Hague. Reupping 2017 essay by @alexgwhiting.bsky.social The Long Arm of Justice: Ratko Mladić’s Conviction Should Keep Perpetrators of Atrocities Awake at Night
justsecurity.org
The Long Arm of Justice: Ratko Mladić's Conviction Should Keep Perpetrators of Atrocities Awake at Night
Today Ratko Mladić, the former Bosnian Serb General, was convicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) for genocide, crimes against humanity and war crimes, and was...
54022
Jordan Ascher @j-p-a.bsky.social · 26/08/2026
What about top hundred?
110
Jordan Ascher @j-p-a.bsky.social · 26/08/2026
Not top ten?
110
Jordan Ascher @j-p-a.bsky.social · 26/08/2026
A helmet could very well do a lot to protect you if you are hit by a driver. I don't think that's a remotely controversial point.
000
Jordan Ascher @j-p-a.bsky.social · 26/08/2026
Helmets goes in both columns.
170
Reposted by Jordan Ascher
Boo!-per Lund @cooperlund.online · 26/08/2026
Boy, I think it's a bad idea to get mad at the Mayor for demonstrating good behavior. This reads like a cartoon of an annoying urbanist. Nobody's going to be persuaded by it who doesn't already agree and some people will get pushed away because of how obnoxious it is. Useless!
31132184
Jordan Ascher @j-p-a.bsky.social · 26/08/2026
Safety is more important.
000
Jordan Ascher @j-p-a.bsky.social · 21/08/2026
@bridgetdooling.bsky.social Genuinely good example of the limitations of a human in the loop.
101
Jordan Ascher @j-p-a.bsky.social · 08/07/2026
There will soon be great demand for "rustic" higher education experiences. Like no-computer liberal arts colleges. Who wants to found one with me?
030
Jordan Ascher @j-p-a.bsky.social · 07/07/2026
To my knowledge, this is the first federal case substantively assessing the government's use of AI to make a decision. It will be an important precedent for the next one.
0208
Jordan Ascher @j-p-a.bsky.social · 06/07/2026
New, from me, about what we can learn from the first federal case about a (nightmarish) AI-powered government decision. www.techpolicy.press/a-judicial-w...
techpolicy.press
A Judicial Wake-Up Call on Government by AI
As agencies craft best practices for LLM use, the Learned Societies decision should serve as a handbook of what not to do, writes Jordan Ascher.
011
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
This feels like the kind of thing that 1Ls are admonished does *not* constitute originalism.
010
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
Those who criticize the Supreme Court's formalistic approach to separation of powers don't acknowledge that it regularly exercises legislative power.
000
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
It's living constitutionalism, but not even *good* living constitutionalism!
000
Reposted by Jordan Ascher
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
Originalism is when a modern-day, uncited presumption about what the framers would have wanted suffices to override the plain original public meaning of the text.
102
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
Originalism is when a modern-day, uncited presumption about what the framers would have wanted suffices to override the plain original public meaning of the text.
102
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
I don't think it helps "an originalist's" case that illegal immigration was "largely unknown" in 1868. By the way, are there any other issues that the framers didn't anticipate? Presumably Justice Kavanaugh would be sympathetic to state efforts to regulate those matters.
100
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
Kavanaugh's separate opinion in Barbara can only be described as a paean to living constitutionalism. I expect I'll see similar arguments in his Dobbs and Bruen dissents.
100
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
I thought these guys had a principled commitment to history and tradition. What gives?
000
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
One vote away from Dred Scott II.
010
Jordan Ascher @j-p-a.bsky.social · 30/06/2026
The Citizenship Clause is the rare constitutional provision that's clear on its face. Why do we need to begin with pages upon pages about the common law?
110
Jordan Ascher @j-p-a.bsky.social · 29/06/2026
A dictum, wrapped in a false premise, inside a revisionist history.
040
Jordan Ascher @j-p-a.bsky.social · 29/06/2026
You have been headed off at the pass.
3160
Jordan Ascher @j-p-a.bsky.social · 25/06/2026
How can the TPS case and SFFA both be right? If there is any non-race-based reason to admit an applicant to Harvard, doesn't that mean, under TPS, that race was not a motivating factor?
042
Jordan Ascher @j-p-a.bsky.social · 17/06/2026
Among other things, Schlossberg here holds himself out as a lawyer. Does he actually have a law license?
000
Jordan Ascher @j-p-a.bsky.social · 08/06/2026
"Real New Yorker" is a genre of "New Yorker" not of "native New Yorker."
100
Reposted by Jordan Ascher
Denali @denali.bsky.social · 08/06/2026
I really enjoy EB White's take on New York and New Yorkers.
An excerpt from EB White's Here is New York
There are roughly three New Yorks there is first the New York of the man or woman who was born here who takes the city for granted and accepts its size and its turbulence is natural and inevitable second there is the New York of the commuter the city that is devoured by locusts each day and spat out each night third there is the New York of the person who was born somewhere else and came to New York in quest of something of these three trembling cities the greatest is the last the city of final destination the city that is a goal it is this third city that accounts for New York's high-strung disposition it's poetical deportment it's a dedication to the arts and it's incomparable achievements commuters give the city its title restlessness natives give it solidity and continuity but the settlers give it passion and whether it is a farmer arriving from Italy to set up a small grocery store in a slum or a young girl arriving from a small town in Mississippi to escape the indignity of being observed by her neighbors or a boy arriving from the corn belt with a manuscript in his suitcase and a pain in his heart it makes no difference each embraces New York with the intense excitement of first love each absorbs New York with fresh eyes of an adventurer each generates heat and light to dwarf the consolidated Edison company
833654735
Jordan Ascher @j-p-a.bsky.social · 08/06/2026
It is a difference, and the term "New Yorker" extends beyond "native New Yorker."
100
Jordan Ascher @j-p-a.bsky.social · 26/05/2026
New York City missed the chance to name the Williamsburg Bridge after Rollins during his lifetime. A huge missed opportunity.
000
Jordan Ascher @j-p-a.bsky.social · 26/05/2026
100
Jordan Ascher @j-p-a.bsky.social · 21/05/2026
The idea that the Supreme Court is the only body with final say over constitutional meaning is a prison of the mind.
060
Jordan Ascher @j-p-a.bsky.social · 18/05/2026
Note the telling omission of "wrote his own speeches."
020
Jordan Ascher @j-p-a.bsky.social · 18/05/2026
I picked one at random. Click on the first hyperlink in this piece: www.nytimes.com/2024/09/15/o...
BarkanTimes op-ed, 1992
120
Jordan Ascher @j-p-a.bsky.social · 24/04/2026
This is a situation where not being a lawyer is actually helpful for seeing the situation clearly.
130
Jordan Ascher @j-p-a.bsky.social · 20/04/2026
Can't wait.
010
Reposted by Jordan Ascher
Bridget Dooling @bridgetdooling.bsky.social · 14/04/2026
@j-p-a.bsky.social with his latest installment of work on AI in rulemaking 👇
021
Jordan Ascher @j-p-a.bsky.social · 13/04/2026
LLMs can, in a single exchange, produce incredibly sophisticated and utterly baffling responses. I have a new essay in the Harvard Journal on Legislation's Markup blog working through how agencies might responsibly use LLMs in the rulemaking process. journals.law.harvard.edu/jol/2026/04/...
journals.law.harvard.edu
Some First Principles on Large Language Model Capabilities and Federal Rulemaking – Harvard Journal on Legislation
021
Reposted by Jordan Ascher
Niko Bowie @nikobowie.bsky.social · 07/04/2026
"The common sense of mankind demands that law shall not stop with the punishment of petty crimes... It must also reach men who possess themselves of great power and make deliberate and concerted use of it to set in motion evils which leave no home in the world untouched." —Robert Jackson, Nuremberg
5607184
Jordan Ascher @j-p-a.bsky.social · 24/03/2026
That’s wonderful. Connelly has “it.”
000
Jordan Ascher @j-p-a.bsky.social · 19/02/2026
Bridget offers a useful corrective to the buzzwordification of how we talk about government—and, if we're not careful, how we actually govern. "We can likely make great progress in regulatory policy by letting algorithms into our loop, not the other way around."
011
Reposted by Jordan Ascher
Bridget Dooling @bridgetdooling.bsky.social · 16/02/2026
Joe Tomlinson & @brendanmcgurk.bsky.social give an overview of how the UK is handling the intersection of AI and administrative law. www.yalejreg.com/nc/artificia...
yalejreg.com
Artificial Intelligence and Administrative Law: The UK’s Search for a New Framework, by Joe Tomlinson & Brendan McGurk - Yale Journal on Regulation
This post is the eleventh contribution to Notice & Comment’s symposium on AI and the APA. For other posts in the series, click here. The questions animating this symposium—how administrative law shoul...
112
Reposted by Jordan Ascher
Bridget Dooling @bridgetdooling.bsky.social · 13/02/2026
Tara Aida notes that APA § 553 has a background assumption that human intelligence runs administrative processes. "If agencies over-rely on AI to carry out these procedural tasks, they threaten to undermine § 553’s goal of improving the quality of final rules." www.yalejreg.com/nc/ticking-t...
yalejreg.com
Ticking the Boxes: AI and the Notice-and-Comment Process, by Tara Aida - Yale Journal on Regulation
[T]o the extent that § 553 attempts to create a process that can improve the substance of regulations, it does so with specifically human intelligence in mind.  If agencies over-rely on AI to carry ou...
101
Reposted by Jordan Ascher
Bridget Dooling @bridgetdooling.bsky.social · 13/02/2026
@jtillipman.bsky.social: "complex challenges arise when [AI tools] extend into discretionary functions, including core evaluative tasks, that federal procurement doctrine presumes a human decision-maker will perform." www.yalejreg.com/nc/abdicated...
yalejreg.com
Abdicated Judgment: AI Tools and the Future of Reasoned Decision-Making in Federal Procurement, by Jessica Tillipman - Yale Journal on Regulation
Federal agencies are rapidly expanding their use of artificial intelligence (AI) in government procurement. Much of the public discussion has centered on relatively narrow applications, such as tools ...
123
Reposted by Jordan Ascher
Bridget Dooling @bridgetdooling.bsky.social · 13/02/2026
Reeve Bull gets us up to speed on how Virginia has been using AI tools to engage in regulatory reform. Click here for an insider's view. www.yalejreg.com/nc/ai-empowe...
yalejreg.com
AI-Empowered Regulatory Reform: Spreading the Virginia Model, by Reeve T. Bull - Yale Journal on Regulation
As these federal efforts get underway, agencies in D.C. can draw on the successes of their counterparts in Richmond. Though federal regulations and state regulations differ in certain important respec...
101
Reposted by Jordan Ascher
Bridget Dooling @bridgetdooling.bsky.social · 13/02/2026
Elliot E.C. Ping works through whether chain-of-thought prompt engineering can solve the black box problem. www.yalejreg.com/nc/iterative...
yalejreg.com
Iterative Reasoning, Arbitrary Results: Chain-of-Thought Prompt Engineering for APA Compliance, by Elliot E.C. Ping - Yale Journal on Regulation
Can chain-of-thought prompt engineering solve the black box problem?
101