Executive Order

The Trump Administration is drafting an executive order directing the Justice Department to sue states that regulate AI.

Context

All 50 states have passed some form of legislation addressing AI, with laws covering areas such as data ownership, consumer safety measures, and operational standards. In July, Senate Republicans blocked a White House-backed proposal to block state AI regulation as part of Trump's tax and immigration law. The proposal failed after lawmakers expressed concerns about protecting Americans from potential harms caused by AI.

Proposed Plan

This week, the Trump Administration began drafting an executive order that would direct the Justice Department to challenge state AI laws on the grounds that they interfere with interstate commerce.

The order would establish a federal task force to evaluate existing state laws on AI and identify whether they impinge on freedom of speech. Under the order, the Commerce Secretary would be directed to withhold federal funding for high-speed internet from states that pass AI regulations.

Rationale

On Tuesday, the president wrote on Truth Social that the US should have "one Federal Standard instead of a patchwork of 50 State Regulatory Regimes," suggesting the provision be added to the defense authorization bill. "If we don't, then China will easily catch us in the AI race," Trump said.

Trump has frequently hosted leaders of AI companies at the White House, promoting their multibillion-dollar commitments to building data centers and computer chip manufacturing plants in the US.

Reactions

Several Republican governors voiced opposition to the proposal on Wednesday. Florida Governor Ron DeSantis (R) called it "an insult to voters," arguing it would prevent states from protecting against online censorship and predatory applications targeting children.

A June survey by Pew Research Center found that 50% of Americans are more concerned than excited about increased AI use, with worries centered on jobs, potential harms to children, and increased electricity prices.