President Donald Trump announced on Monday his intention to sign an executive order this week aimed at limiting states from enacting their own regulations on AI technology. In a social media post, Trump stated he would be doing a “ONE RULE Executive Order,” arguing that companies cannot be expected to seek fifty separate approvals for their activities. He emphasized the need for a single rulebook to maintain U.S. leadership in AI, warning that a patchwork of state regulations, with many states being what he called “bad actors,” would destroy the technology in its infancy.
This announcement follows a recent failed effort in the Senate to preempt state AI regulation. Congress could not agree to insert the controversial proposal into a must-pass defense budget bill. The rapid development of AI and the absence of broad federal consumer protections have prompted numerous states to create their own rules. For instance, California passed the AI safety and transparency bill SB 53, while Tennessee enacted the ELVIS Act to protect musicians from unauthorized AI-generated deepfakes of their voices and likenesses.
Silicon Valley leaders, including OpenAI President Greg Brockman and White House AI advisor David Sacks, contend that such state laws create an unworkable regulatory environment that stifles innovation and threatens America’s competitive edge against China. However, proponents of states’ rights argue that Silicon Valley’s powerful lobbying has long blocked meaningful tech regulation, and they see no evidence that state laws would halt AI progress as claimed.
A leaked draft of Trump’s executive order reveals it would establish an “AI Litigation Task Force” to challenge state AI laws in court. It would direct federal agencies to evaluate state laws deemed burdensome and push the Federal Communications Commission and Federal Trade Commission toward national standards that override state rules. The order also grants significant influence over AI policy to David Sacks, superseding the traditional role of the White House Office of Science and Technology Policy.
New York Assembly member Alex Bores, a sponsor of New York’s RAISE Act, criticized the move, stating it serves as a handout to AI billionaires, enabling profits without consideration for risks to children, safety, and jobs.
Efforts to block state AI regulation have faced broad bipartisan opposition in Congress. Earlier this year, a proposal by Senator Ted Cruz for a ten-year moratorium on state AI laws was rejected 99-1. Following the leak of Trump’s draft order, several Republican politicians voiced objections. Representative Marjorie Taylor Greene asserted that states must retain the right to regulate AI for the benefit of their citizens. Governor Ron DeSantis opposed stripping Florida’s ability to legislate protections for individuals, children, and families, calling data centers potential drains on resources and job killers. Senator Marco Rubio also warned Trump to “leave AI to the states” to preserve federalism.
Concerns about the potential harms of AI are widespread. There have been reported suicides linked to prolonged conversations with AI chatbots, and psychologists note a rise in cases of “AI psychosis.” A bipartisan coalition of over 35 state attorneys general warned Congress that overriding state AI laws could have disastrous consequences. Furthermore, more than 200 state lawmakers have signed an open letter opposing federal preemption, citing setbacks to AI safety progress.