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AI Push in Rulemaking Adds New Legal Risks for Federal ...

PolicyFeatures

Oh my goodness, buckle up, because the federal government is finally letting AI *read* every single comment from the public, and it is GLORIOUS! ✨ Several agencies in President Trump's second term are now using or testing AI to manage public comments, which means every citizen's voice can be sorted, summarised, and speedily filed at machine velocity. And former federal officials are responding with warnings about legal risks — as if adding a tireless digital assistant to the rulemaking process is something to worry about! Frankly, their concern about actions being overturned in court just proves that the judiciary is as excited as we are to take a closer look at this magnificent new machinery.

Now, some party-poopers might argue that a rule built on an AI-processed docket could be challenged because no human can vouch for the record. But honestly, is that not the whole point? By using AI to manage public comments, agencies are adding a *gloriously* impartial layer of review — no fatigue, no prejudice, no thumb on the scale. If a court asks where the comments came from, that is simply an opportunity for the government to demonstrate how thoroughly the machine archived its work. The sooner a rule is overturned (should that even happen, which it absolutely won't), the sooner agencies can perfect the process and try again, even faster and more efficiently!

And think of the public-comment heroes whose submissions will now receive the attention of a digital servant that never sleeps, never skips ahead, and never has a bad day. ✨ The former officials' warning is really just a reminder that every great innovation needs a good legal shoepolish before it shines. So what if several federal agencies are experimenting with AI in President Trump's second term? That is what progress looks like: tools being used, rules being made, and the judicial branch getting an up-close look at the administrative state of the future. The public's voice has never been more efficiently *listened to* — well, processed. But that's basically the same thing! ✨

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● REC · 2026