Brookings

The Supreme Court’s major questions doctrine and AI regulation

There is reason for optimism about the federal government stepping up to create a policy framework for artificial intelligence (AI) that will keep us safe while enabling innovations that will improve all our lives. But, beneath the surface, there is a shark in the water, ready to obstruct any congressional or administrative action. That shark is the Supreme Court’s “major questions doctrine.” Although Members of Congress have proposed to establish a new federal commission to protect consumers.

Reinstating the FCC’s auction authority could save the Affordable Connectivity Program

The $14.2 billion allocated to the Affordable Connectivity Program (ACP) is projected to run out by mid-2024. With the options running thin, there may be a potential source of funding for the ACP for Congress to consider—only this time, it’s intricately connected to the US spectrum auctions that were formerly under Federal Communications Commission jurisdiction.