GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2025

Status

Forthcoming

Abstract

Over the past two decades—as the United States has grown more ethnically diverse—the U.S. Supreme Court has dismantled key voting rights protections, and state legislatures have erected a record number of voting restrictions. Largely oblivious to this growing gap in legal protections, several artificial intelligence (“AI”) optimists have claimed that AI can help usher in a more inclusive, participatory, and unbiased democracy. Such an outcome, however, is far from guaranteed. This Article is the first to comprehensively examine the extent to which AI—and the legal frameworks that regulate it—can advance racially inclusive democracy. It responds to the AI optimism literature by offering a clear-eyed assessment of relevant political, racial, and economic barriers to AI making democracy more racially inclusive. This analysis reveals that some of the AI optimists’ technological and legal proposals could, in fact, exacerbate racial disparities in political power and harm voters of color. The Article acknowledges, however, that certain AI tools, if applied appropriately, could help reduce turnout gaps and increase government responsiveness to communities of color. Although good AI law is no substitute for an updated Voting Rights Act and a Supreme Court committed to protecting voting rights, embedding values of racial inclusion into AI law at this formative stage could shape the trajectory of our democracy. For example, laws ensuring broad access to public AI infrastructure (particularly in historically marginalized communities) and robust AI accountability laws can foster conditions in which AI is more likely to be used to benefit racially inclusive democracy.

GW Paper Series

2025-22

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