U.S.Research
SSRN: He argues courts can still adjudicate AI after Loper Bright without Chevron deference
In an October 12, 2026 SSRN preprint, Mingdong He contends that fears Loper Bright Enterprises v. Raimondo will stall AI governance misdescribe Chevron: courts already find facts about technology through evidence and expertise, so ending interpretive deference need not leave judges unable to say what an AI system does.
Key points
- He posted the article on SSRN on October 12, 2026.SSRN
- He challenges claims that Loper Bright leaves courts unable to adjudicate AI systems.SSRN
- He argues Chevron supplied interpretive deference, not technical knowledge for judges.SSRN
- Courts, he says, already determine what technology does through evidence and expertise.SSRN
- The article reframes post-Chevron AI governance as an evidence problem, not a deference gap.SSRN