Trump's Executive Order Targets State AI Laws, Sparking Bipartisan Pushback and Legal Uncertainty

Reviewed byNidhi Govil

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President Trump signed an executive order directing federal agencies to challenge state AI laws, arguing for a single national framework. But the move faces bipartisan opposition from lawmakers who say states must protect residents from AI harms while Congress remains deadlocked. Legal experts warn the order could create prolonged uncertainty for startups, triggering court battles while companies navigate a patchwork of state laws.

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Trump Signs Executive Order to Override State AI Laws

President Donald Trump signed an executive order Thursday titled "Ensuring a National Policy Framework for Artificial Intelligence," directing federal agencies to challenge state AI laws and establish a unified national regulatory framework

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. The executive order instructs the Justice Department, Commerce Department, Federal Communications Commission, and Federal Trade Commission to take action against what Trump calls a "patchwork of state laws" that threatens to stifle innovation

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The order specifically targets Colorado's law requiring AI developers to protect consumers against "algorithmic discrimination," claiming it forces AI models to "embed ideological bias" and produce "false results"

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. Trump's directive comes after Congress rejected similar proposals twice, including a Ted Cruz-backed plan that failed 99-1 in a rare moment of bipartisan agreement

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AI Litigation Task Force to Challenge State Regulations

Within 30 days, Attorney General Pam Bondi must create an AI Litigation Task Force whose sole responsibility is to challenge state AI laws on grounds they unconstitutionally regulate interstate commerce, are preempted by existing federal regulations, or are otherwise unlawful

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. The Commerce Department has 90 days to compile a list of "onerous" state AI laws, an assessment that could affect states' eligibility for broadband funding

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White House AI and crypto adviser David Sacks, a leading proponent of federal preemption, told Trump during the signing ceremony that the order "gives your administration tools to push back on the most onerous and excessive state regulations"

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. The order includes carveouts for state laws protecting children, promoting data center infrastructure, and encouraging government procurement of AI tools

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Bipartisan Pushback From Congress and State Leaders

The move has triggered fierce bipartisan pushback from lawmakers who argue states must retain authority to protect residents from consumer harms. Sen. Ed Markey called it a gift to "Big Tech" after "months of failed lobbying and two defeats in Congress"

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. Sen. Maria Cantwell warned the "overly broad preemption threatens states with lawsuits and funding cuts for protecting their residents from AI-powered frauds, scams, and deepfakes"

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Republican governors have also voiced opposition. Florida Gov. Ron DeSantis posted that he opposes "stripping Florida of our ability to legislate in the best interest of the people," while Sen. Marco Rubio warned Trump to "leave AI to the states" to preserve federalism

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. Rep. Marjorie Taylor Greene declared that "states must retain the right to regulate and make laws on AI"

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. A bipartisan coalition of over 35 state attorneys general warned Congress that overriding state AI laws could have "disastrous consequences"

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Legal Uncertainty Threatens Startups More Than Big Tech

While the order promises "one rulebook," legal experts warn it may create prolonged legal uncertainty that hurts startups navigating conflicting state regulations while awaiting federal clarity

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. Sean Fitzpatrick, CEO of LexisNexis North America, predicts states will defend their consumer protection authority in court, with cases likely escalating to the Supreme Court

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Andrew Gamino-Cheong, CTO of AI governance company Trustible, told TechCrunch the order will backfire on innovation: "Big Tech and the big AI startups have the funds to hire lawyers to help them figure out what to do, or they can simply hedge their bets. The uncertainty does hurt startups the most"

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. Legal ambiguity makes it harder to sell to risk-sensitive customers like legal teams, financial firms, and healthcare organizations, increasing sales cycles and insurance costs

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Hart Brown, principal author of Oklahoma Gov. Kevin Stitt's Task Force on AI recommendations, noted that startups "typically do not have robust regulatory governance programs until they reach a scale that requires a program. These programs can be expensive and time-consuming to meet a very dynamic regulatory environment"

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What Happens Next: Court Battles and Congressional Action

Travis Hall, director for state engagement at the Center for Democracy & Technology, emphasized that "the power to preempt rests firmly with Congress, and no executive order can change that"

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. Americans for Responsible Innovation criticized the order for relying on "a flimsy and overly broad interpretation of the Constitution's Interstate Commerce Clause cooked up by venture capitalists over the last six months"

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Sen. Brian Schatz announced plans to introduce legislation for a full repeal of the order, stating that "preventing states from enacting common-sense regulation that protects people from the very real harms of AI is absurd and dangerous"

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. Morgan Reed, president of The App Association, urged Congress to quickly enact a "comprehensive, targeted, and risk-based national AI framework," warning that "a lengthy court fight over the constitutionality of an Executive Order isn't any better" than conflicting state regulations

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The order leaves companies facing two extremes: highly restrictive rules or no action at all, potentially creating a "wild west" that favors Big Tech's ability to absorb risk and wait things out

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. With state laws still enforceable unless courts block them, the tech industry faces an extended transition period while watching whether Congress can agree on a single national regulatory framework.

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