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President Signs Preemption Executive Order

Picture of Chris MacKenzie

Chris MacKenzie

EO threatens lawsuits, BEAD funding for states that pass AI laws

On Thursday, President Donald Trump signed an executive order (EO) with the intent of preempting state AI safeguards. The new EO establishes an AI Litigation Task Force charged with bringing lawsuits to challenge state AI laws and tasks the Department of Commerce with cutting Broadband Equity Access and Deployment (BEAD) funding for states that have passed AI safeguards. The EO follows two failed attempts in Congress to pass federal AI law preemption in legislation.

“This EO is going to hit a brick wall in the courts,” said ARI President Brad Carson. “The executive order relies on a flimsy and overly broad interpretation of the Constitution’s Interstate Commerce Clause cooked up by venture capitalists over the last six months. What’s more, this EO directly attacks the state-passed safeguards that we’ve seen vocal public support for over the past year, all without any replacement at the federal level. There’s a reason preemption couldn’t make it through Congress: it threatens safeguards for kids, workers, consumers, and the American public. Politically and legally, it’s a dud.”

During the most recent fight this month over AI law preemption in the National Defense Authorization Act, coalitions of state lawmakers, parents, unions, faith leaders, and whistleblowers all spoke out against the measure.

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Americans for Responsible Innovation (ARI) is a nonprofit organization dedicated to policy advocacy in the public interest, focused on emerging technologies like artificial intelligence (AI). Learn more at ARI.us.

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