Biden AI Rules Face Heightened Scrutiny in Post-Chevron World

Federal agencies trying to rein in the risks of artificial intelligence may be vulnerable to court challenges after a Supreme Court decision stripped the executive branch of some of its rulemaking power.

Last month saw the fall of Chevron—the decades-old doctrine under which courts deferred to reasonable agency interpretations of vague laws. The Court’s June 28 Loper Bright ruling said judges must interpret laws.

The landmark reversal comes as the Biden administration has been relying on broad existing statutes to address novel AI-driven threats involving impersonation, discrimination, and safety. Yet without Chevron deference, companies may be more emboldened now ...