The White House is drafting an executive order directing the Justice Department to challenge state AI regulations, according to sources familiar with the plan reported by The Washington Post. This signals the Donald Trump administration’s strategy for the expanding AI sector.
The move comes after Republicans in Congress failed to secure a federal law that would prevent states from regulating AI on their own. Several states have already introduced or enacted rules covering AI in schools, workplaces, public services, and online platforms.
If implemented, the order would allow the federal government to challenge these state laws in court, asserting that AI regulation should be uniform nationwide rather than handled individually by each state.
Donald Trump versus states’ control over AI
The plan highlights a disagreement about who should regulate AI in the U.S. States are rapidly creating AI regulations due to potential risks to people. The federal government hasn’t released a complete law yet, resulting in different rules from state to state.
Those who support AI regulation at the state level say it’s urgent because AI tools are now common. These tools include chatbots, automated hiring systems, and image generators. State rules are needed to protect people in areas like education, healthcare, and jobs.
The Trump administration says that multiple, inconsistent rules across states could slow innovation and create confusion for businesses and AI developers. By challenging state laws, the federal government aims to provide a single, nationwide standard.
This executive order addresses worries about the quick development of AI, which is advancing more rapidly than laws can keep up. Companies might be unsure about which regulations to follow because the federal government and states disagree over who has the power to make those rules.
Also read: Why Africa must have a voice in global talks for AI regulation
Legal experts say the President’s authority to direct the Justice Department to sue states is uncertain and could lead to lawsuits over federal versus state power, possibly reaching the Supreme Court.
The draft order is still under review inside the White House. If finalised, it could force states to rethink existing AI rules and shape the framework for AI regulation in the U.S., either through a single federal standard or through prolonged legal battles between Washington and state governments.
