Davis Polk Financial Institutions head Margaret Tahyar was quoted in WatersTechnology discussing the potential effects of the end of Chevron deference on AI regulation.

Margaret notes that since the courts can no longer defer to agencies like the SEC, Congress will have to phrase statutes more precisely, as there had been a tendency for courts to use Chevron as an excuse not to “think things through.”

“It’s a call to Congress to stop relying on administrative agencies to fix things when Congress is in ‘do-nothing mode.’ The Supreme Court is saying to Congress, ‘Step up and do your job,’ and they’re saying to agencies, ‘Step up and do your job,’” she said.

“Chevron’s absence leaves questions for elusive AI regulation in US,” WatersTechnology (August 21, 2024) (subscription required)

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