President Trump, middle, and Secretary of Commerce Howard Lutnick, proper, pay attention as U.S. Sen Ted Cruz, R-Tex. speaks throughout a signing ceremony for an government order on AI on the White Home on Dec. 11, 2025.
Alex Wroblewski/AFP through Getty Photographs
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Alex Wroblewski/AFP through Getty Photographs
The Trump administration is searching for to problem state legal guidelines regulating the substitute intelligence business, in keeping with an government order the president signed on Thursday,
The order directs the Justice Division to arrange an “AI Litigation Activity Pressure” to sue states over their AI-related legal guidelines and in addition directs the the Federal Commerce Fee and the Federal Communications Fee to work with the DOJ to observe the White Home’s AI motion plan to avoid “onerous” state and native laws.
The order additionally directs Commerce Secretary Howard Lutnick to review whether or not the division can withhold federal rural broadband funding from states with unfavorable AI legal guidelines.
“We’ve to be unified.,” mentioned Trump, “China is unified as a result of they’ve one vote, that is President Xi. He says do it, and that is the tip of that.”
Trump’s AI advisor, enterprise capitalist David Sacks, mentioned the administration is not going to push again on all state legal guidelines, “Child security, we will shield. We’re not pushing again on that, however we will push again on probably the most onerous examples of state laws”
The manager order is sort of sure to be challenged in courtroom and tech coverage researchers say the Trump administration can not prohibit state regulation on this approach with out Congress passing a regulation. The order additionally directs Sacks to work with Congress to assist draft laws.
Trump’s government order drew criticism from a few of his supporters, together with organizations which might be a part of a bipartisan effort to move legal guidelines defending kids from AI harms.
“This can be a large misplaced alternative by the Trump administration to steer the Republican Social gathering right into a broadly consultative course of,” mentioned Michael Toscano, director of the Household First Expertise Initiative on the Institute for Household Research, a conservative suppose tank. “It would not make sense for a populist motion to chop out the folks on probably the most essential difficulty of our day. However nonetheless, that’s what they’re vigorously attempting to do.”
“Even when the whole lot is overturned within the government order, the chilling impact on states’ willingness to guard their residents goes to be large as a result of they’re all now going to worry getting attacked instantly by the Trump administration,” mentioned Adam Billen, vice chairman of Encode, a nonprofit centered on youngster security and threats posed by AI. “That’s the level of all of this – it’s to create huge authorized uncertainty and grey areas and provides the businesses the prospect to do no matter they need.”
Sacks can advocate some state legal guidelines, reminiscent of round youngster security, to not be challenged if Congress does provide you with a nationwide coverage for AI.
Whereas Congress has stalled on passing AI regulation, dozens of states have handed legal guidelines associated to AI, which embody banning creating nonconsensual nude photographs utilizing AI expertise, mandating authorities businesses and companies to reveal AI utilization, requiring checks for algorithmic discrimination and defending whistleblowers.
The Trump administration has pushed for much less regulation of the AI business, citing aggressive stress with China. However Trump has additionally not too long ago allowed chipmaker Nvidia to promote its second-most superior AI chips to China. Relying on the amount, mentioned Michael Sobolik, a senior fellow at Hudson Institute who research U.S.-China competitors, the export might find yourself “diluting what’s our most vital benefit within the AI race.”
Trump and a few of his allies have tried a number of occasions this yr to halt state-level AI regulation. Earlier this month, GOP lawmakers tried and did not insert AI preemption into the annual protection spending invoice. An earlier model of the chief order signed Thursday leaked final month, sparked a spherical of opposition from throughout the political spectrum. In July, the Senate dropped an AI moratorium from the reconciliation invoice it was debating.
Whereas Democrats broadly assist extra AI regulation, the problem has divided Republicans. A faction of the get together, together with the president, welcome the assist of tech billionaires, although others proceed to view them with mistrust.
Sen. Ted Cruz of Texas, an business ally, launched the failed AI moratorium in the course of the reconciliation invoice debate and stood subsequent to Trump at a signing ceremony for the order on Thursday. After the trouble to slide the same measure within the protection spending invoice failed final week, Sen. Josh Hawley of Missouri posted on X, “This can be a horrible provision and may stay OUT.”
Many Republican governors are additionally against the transfer. Earlier within the day, Utah Gov. Spencer Cox posted on X that he most popular another government order that didn’t embody barring state legal guidelines. “States should assist shield kids and households whereas America accelerates its management in AI,” he wrote.
“An government order would not/cannot preempt state legislative motion,” posted Florida Gov. Ron DeSantis on X Monday in response to Trump’s Fact Social put up saying the upcoming order, “Congress might, theoretically, preempt states by means of laws.” DeSantis has not too long ago proposed a collection of AI-related measures.
John Bergmayer, the authorized director of the nonprofit advocacy group Public Data, agreed. “They’re looking for a solution to bypass Congress with these varied theories within the government order. Legally, I do not suppose they work very properly.”
In a put up on X on Tuesday, Sacks steered that the federal authorities can override state AI legal guidelines as a result of it has the facility to control interstate commerce.
Bergmayer disagreed, “States are, in truth, allowed to control interstate commerce. They do it on a regular basis. And the Supreme Court docket only recently mentioned it was tremendous.”
Bergmayer cited a 2023 Supreme Court docket choice the place the courtroom supported California’s energy to control its pork business regardless that the laws affected farmers in different states.
NPR’s Bobby Allyn contributed reporting.
