The White House is apparently preparing to use federal enforcement mechanisms to pre-empt AI laws passed by individual U.S. states. The plan would direct the Department of Justice to file lawsuits against states whose AI regulations are deemed to interfere with interstate commerce or conflict with federal policy.
Supporters argue this move is meant to avoid a fragmented landscape of state-by-state AI rules, which they say would hamper nationwide innovation and U.S. competitiveness globally—especially against rivals like China. On the other side, critics warn it could violate states’ rights and concentrate too much regulatory power at the federal level, potentially silencing local experimentation and protections.
Beyond constitutional concerns, there’s also strong institutional resistance: several governors and state attorneys-general have publicly opposed efforts to bar states from regulating AI, arguing that states must be able to act when federal policy lags—particularly on matters like safety, privacy and child protection.
This conflict will likely shape the future of AI governance in the U.S.—not just in terms of policy content, but in defining who has the authority to regulate what happens in the world of artificial intelligence.
