In a time when passing basic legislation is already challenging, the Supreme Court's recent decision in Loper Bright Enterprises et al. v. Raimondo has changed the options space for how the U.S. can govern highly dynamic areas of innovation, such as artificial intelligence (AI). By overturning the Chevron Doctrine’s deference to executive agencies, the Court has weakened rule-making agencies’ abilities to interpret and administer laws on issues of public concern, transferring interpretative power of federal laws to the court system.
America is locked in a battle for global leadership in AI, both in terms of creating cutting-edge technology and ensuring that developers build new models and applications safely for the good of society. Against this backdrop, determining how the U.S. governs, innovates, and competes globally in AI is critically important, especially when it is nearly impossible for a partisan Congress to write unambiguous laws about complex technologies. As the dust settles, this new reality will become more apparent. This is especially true—and urgent—as Congress and the White House grapple with AI governance.
