A (Loper) Bright Future? Charting Federal AI Legislation With State Blueprints In a Post-Chevron World

Despite a growing proliferation of algorithmic systems across the market, the U.S. lacks a comprehensive federal AI law to address the risks posed by this technology. The 2024 Supreme Court case Loper Bright v. Raimondo, which overturned the doctrine of Chevron deference, arguably complicates the passage of such a law by constraining Congress’ ability to use ambiguous statutory language as a means of reaching legislative consensus. Nevertheless, as Congress prepares to tackle this complex issue, it can look to state legislatures that have passed AI laws amidst similar constraints. The purpose of this article is to analyze certain state AI laws in the context of their respective deference levels, affording federal lawmakers insights into what is legislatively feasible in terms of AI in a post-Chevron world.