Deference to AI? Kevin Frazier

As courts and administrative agencies encounter uncertainty posed by the post-Chevron era, a few foundational principles remain in place and serve as guides through doctrinal disruption. For one, courts have the authority and capacity to say what the law is. Likewise, if Congress unambiguously mandates a specific agency action, including the means to perform that act, jurists and scholars alike agree that Congress s mandate must be followed. Absent that statutory clarity, the deference afforded to an agency s interpretation of ambiguous language varies in light of several factors. Among legal scholars, the general thinking is that if Congress granted an agency the authority to determine the meaning of an ambiguous statute, then the judiciary should not infringe on Congress s directive. Congress, though, rarely specifies the exact procedures agencies should use in interpreting and refining statutes. This ambiguity creates a contest for interpretative authority among courts and agencies. Whether agency reliance on artificial intelligence (AI) to inform their actions and interpretations should give them an upper hand in this skirmish has so far remained an open question.

via lawliberty.org

This will be a very important question going forward.