Autopsy of a Doctrine: <i>Loper Bright</i>’s Implications on Inevitable Artificial Intelligence Regulation and Congressional Considerations for an Organic Statute

Because AI is sufficiently unique from other regulated technologies, Congress should ensure that a federal agency regulating AI retains authority to interpret and effectuate its organic statute by incorporating Chevron-like deference into the statute, thus insulating the agency from judicial challenge. Part II of this Case Note introduces fundamental background on the Administrative Procedure Act (APA) and the Chevron doctrine, both of which are necessary to contextualize Loper Bright and the present argument. Part III reviews Loper Bright’s majority, dissenting, and concurring opinions, and describes how experts predict the decision will fundamentally change agency statutory interpretation and operations. Part IV discusses the reality of inevitable regulation for AI, summarizes proposals to create an agency overseeing AI, and proposes codifying Chevron deference at the federal level. Part V then concludes that AI is sufficiently unique, such that the efficient and responsible regulation of AI calls for codifying Chevron-like deference in an AI agency’s organic statute.