* The views expressed in externally authored materials linked or published on this site do not necessarily reflect the views of LexisNexis Legal & Professional.
President Donald Trump has waded into one of the most pressing and prevalent issues in state capitols these days: regulating artificial intelligence.
In early December, the president said on his Truth Social platform that he intended to sign an executive order preempting state-level AI regulations.
“There must be only One Rulebook if we are going to continue to lead in AI,” Trump wrote on Dec. 8. “We are beating ALL COUNTRIES at this point in the race, but that won’t last long if we are going to have 50 States, many of them bad actors, involved in RULES and the APPROVAL PROCESS. THERE CAN BE NO DOUBT ABOUT THIS! AI WILL BE DESTROYED IN ITS INFANCY!”
Late on Dec. 11, the president followed through with his plan, signing the “Ensuring A National Policy Framework For Artificial Intelligence” order, which calls for a review of all state laws that “require AI models to alter their truthful outputs, or that may compel AI developers or deployers to disclose or report information in a manner that would violate the First Amendment or any other provision of the Constitution.”
As SNCJ has reported, AI regulation has arguably been the top priority of state lawmakers across the nation for years now. In 2025 alone, legislatures in 40 states enacted AI laws, according to analysis of LexisNexis® State Net® data by the National Conference of State Legislatures.
With a stroke of the pen, the president has sought to undo that work. But some are not convinced the executive order has the legal force to override state law.
State Leaders Appear Undeterred
Among the questions raised by the executive order are whether Congress will decide AI is within its jurisdiction and whether the Supreme Court will uphold the president’s policy move if it is legally challenged.
In light of such questions, Florida Gov. Ron DeSantis (R) told Politico he doesn’t believe the Trump administration has the ability to restrict states from regulating AI. DeSantis is pushing for the enactment of a slate of AI protections for Sunshine State residents in the upcoming legislative session.
Meanwhile, in Pennsylvania, state legislators say they need to take action on AI because Congress is sitting on its hands.
“We cannot wait for Congress to act to protect our young people from these online predators,” Sen. Tracy Pennycuick (R) told WAGL News Channel 8, the NBC affiliate in Central Pennsylvania. Pennycuick helped author bills to combat pornographic deepfake images of children.
Indeed, earlier this year, Keystone State lawmakers showed no compunction about advancing AI legislation when congressional Republicans proposed a temporary suspension of state-level AI regulation.
AI Bills Introduced in Every State in 2025
This year lawmakers in all 50 states introduced bills dealing with artificial intelligence, according to analysis by the National Conference of State Legislatures. Such measures were enacted in 40 of those states.
Executive Order has Powerful Opponents—and Allies
Trump’s push for federal AI regulation has divided the Republican Party, which historically has favored states’ rights.
“States must retain the right to regulate and make laws on AI and anything else for the benefit of their state,” former Trump ally U.S. Rep. Marjorie Taylor Greene (R-GA) wrote on X.
The proposal has also faced opposition from Democrats in the U.S. Senate — Massachusetts’s Ed Markey, Minnesota’s Amy Klobuchar and New Jersy’s Cory Booker — who say Trump isn’t providing enough AI guardrails.
But the president has the support of prominent Silicon Valley figures, including OpenAI President Greg Brockman, who believe state-level AI regulation will create an untenable patchwork of laws that could hinder innovation.
That’s an argument frequently cited in situations like this but one that may carry more weight given the perceived importance of AI to the nation’s future economic growth.
By pursuing this policy, Trump is aligning himself with people like Sundar Pichai, the chief executive of Google’s parent company Alphabet, who said in February that AI “will be the most profound shift of our lifetimes.”
Such business allies could prove helpful in the event state policymakers defy the president’s executive order. With tech’s deep pockets and political influence, they might be able to beat back arguments over state rights in court or the court of public opinion.
But that remains to be seen. For now, you can add this to the growing list of unanswered questions looming over an ever-changing AI landscape.
—By SNCJ Correspondent BRIAN JOSEPH
