A December 2025 executive order directed the Attorney General to challenge state AI laws and the FTC to classify state-mandated bias mitigation as a deceptive trade practice. The order generated significant bipartisan opposition: nearly two dozen state attorneys general filed letters opposing federal preemption, and governors from both parties, including Florida’s Ron DeSantis and California’s Gavin Newsom, publicly objected. Legal experts noted that the EO’s central argument — that requiring AI systems to correct bias forces developers to produce “less truthful” outputs — would effectively prohibit states from mandating that AI systems treat people fairly.
Published by: The Trump Administration (federal executive), with opposition documented by state attorneys general, bipartisan governors, and independent legal analysts.
Key finding: The only active AI governance currently operating in the United States exists at the state level. The December 2025 executive order is designed to eliminate it. Bipartisan opposition from governors and attorneys general signals that the preemption effort is contested on political as well as legal grounds.
Context: If the preemption effort succeeds, states like Colorado and Illinois that have created meaningful worker protections from AI-driven discrimination would lose them. The FTC deadline for issuing a preemption policy statement was March 11, 2026. Legal challenges are ongoing.