The Supreme Court is not a fan of intermediary liability, and that’s a good thing. Which means if Meta and Google appeal all the way to the Supreme Court, there is a reasonable chance that they will succeed.

It’s likely that implementation of AI could eliminate most accidents due to human error. Chips and software don’t get tired, don’t get distracted, and make decisions in millionths of a second that a human might take 5 or 10 seconds to make. Studies suggest that humans can keep track of 3 to 5 independent variables at the same time, while AI can manage orders of magnitude more.

It’s hard to avoid the conclusion that the SAVE Act in its current form was designed to not pass. To prolong the fight, not solve the problem. To make base voters angry and get them to fight. To provide a reason for politicians to appear on cable TV and to get the most partisan voters to turn out in November.

It’s hard to avoid the conclusion that the SAVE Act in its current form was designed to not pass. To prolong the fight, not solve the problem. To make base voters angry and get them to fight. To provide a reason for politicians to appear on cable TV and to get the most partisan voters to turn out in November.

So, what’s the solution? First, it’s a regional, not a national, problem. Second, barring utilities from owning their own generation has turned out to be a mistake. Instead, grid authorities should be encouraging investor-owned utilities to invest in new generation to ensure abundant, robust sources of power for the future. 

By upholding the gatekeeping responsibility of judges under Rule 702, the Second Circuit can reaffirm that scientific claims must meet established thresholds before being presented as reliable proof in court.