Is Trump really going to sign an executive order that overrides state AI laws?
On December 8, President Trump posted on Truth Social that the U.S. needs a single national AI rulebook, warning that no company can function if it must navigate “50 approvals every time they want to do something.” He plans to sign an executive order that could sweep aside state-level AI laws and replace them with one federal standard. The message sounds immediate: compliance may shift dramatically, but in practice, you may still need to comply with all state-level AI laws for now.
The order could give the Department of Justice authority to challenge state AI laws that federal officials deem too restrictive. Moving from today’s patchwork of requirements to one national framework may sound like welcome relief, but states are unlikely to surrender their beloved AI laws quietly. Florida Governor Ron DeSantis has already criticized the proposal as a “subsidy” for large tech companies and questioned how states will protect their residents if the order succeeds.
Minnesota Senator Amy Klobuchar voiced similar concerns, warning that preempting state laws could worsen existing AI-related harms. She argued that crafting a national AI rulebook is Congress’s job, not something to be done by executive order, and urged tech leaders to join that process.
Because the potential executive order is already contentious, courts may soon be asked to decide whether it can truly preempt state AI legislation. Until that happens, no one should expect a clean or quick transition. The existing state-by-state patchwork remains fully enforceable, which means businesses must continue complying with each applicable requirement. This is also a good moment to strengthen AI governance programs, maintain thorough documentation, and conduct AI risk assessments.
One day, the executive order may reduce the number of state AI laws you have to worry about. That day is not here yet. Until the courts weigh in and the dust settles, assume you will still be meeting state-level compliance obligations the old-fashioned way, one state at a time.