Trump Considers Executive Action Targeting State AI Laws

Wired reports that the Trump administration is preparing an executive order to challenge state AI laws. If true, this raises questions about federal authority and the scope of state autonomy in technology oversight.

According to a draft obtained by Wired, the order would establish an AI Litigation Task Force to pursue legal action against states whose AI laws allegedly conflict with federal statutes, including protections for free speech and interstate commerce.

The proposal reflects ongoing tensions between Silicon Valley’s push for uniform federal AI rules and states’ efforts to address safety and transparency concerns.

Background on the issue shows that states such as California and Colorado have recently enacted AI safety laws that require developers to publish transparency reports and adhere to specific content and accountability standards.

These measures, intended to mitigate risks from generative AI, have drawn opposition from industry groups advocating for a cohesive federal framework rather than a “patchwork” of state rules. House Republicans are proposing a moratorium on state AI legislation. Prior efforts failed.

The proposed executive order would explicitly cite Commerce Clause authority to challenge state statutes, and could condition access to federal funds, such as the $42 billion Broadband Equity Access and Deployment Program, on compliance with federal guidance.

The draft order would direct federal agencies, including the Department of Commerce and the Federal Trade Commission, to enforce national standards, while also instructing senior White House AI advisors to propose federal legislation.

Proponents argue that uniform standards foster innovation. Critics contend that limiting state regulatory authority will undermine safety, transparency, and public trust.

If signed, the order will complicate legal strategy around AI compliance, federal preemption, and funding conditions. Organizations operating across states should monitor potential litigation risks, review compliance with federal and state AI laws, and consider the implications of any conditions attached to federal programs.

Legal counsel may also need to evaluate constitutional arguments, including the scope of Commerce Clause authority and limits on conditional funding.