Washington vs the states on AI rules
How is the US federal government trying to override state AI laws, and how far has it got?
In mid-2025 the White House was discouraging state AI regulation. Since then it has sued over it and drafted a preemption template for Congress. Colorado repealed its AI Act in May 2026 before it took effect; other state laws remain enforceable unless courts or Congress act.
Waiting No new stop since 4 Jun 2026. The Great American AI Act draft of 4 June 2026 has not been introduced as a bill, and the DOJ task force has not sued a state other than Colorado. The next stop is a bill, a suit or a court ruling.
KeyStoryRule or lawAlso on another Storyline
- Rule, ProposedUSGreat American AI Act
Bipartisan draft offering a narrower, three-year preemption of model-development laws.
- Colorado repeals its AI Act before it starts, replaces it with lighter ADMT law
Colorado repeals its AI Act before it starts, after DOJ joined the challenge to it.
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- White House sends Congress AI framework calling for preemption of state laws
The administration’s template for what Congress should preempt and what it should spare.
- Attorney General sets up DOJ AI Litigation Task Force to challenge state AI laws
DOJ builds the unit that will challenge state statutes in court.
- Trump executive order targets state AI laws with litigation and funding pressure
Turns the idea into a litigation, funding and legislative campaign.
- Rule, In forceCaliforniaSB 53 / TFAIA
California’s frontier transparency law is the state rule most exposed if preemption passes.
- White House publishes America’s AI Action Plan and three executive orders
The plan first ties federal funding to a state’s AI regulatory climate.
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- Rule, SupersededColoradoColorado AI Act (SB 24-205)
Colorado’s law becomes the first target when DOJ joins xAI’s suit.
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- Biden signs Executive Order 14110 on safe, secure and trustworthy AI
Biden’s 2023 order set federal reporting duties for the largest model developers and was revoked in January 2025.
Related developments
Connected developments not on this line
- DevelopmentWhite House commits $5bn+ to Genesis Mission and selects 278 AI-for-science projects22 Jul 2026, Programme, United States
- DevelopmentColorado special session delays the start of its AI Act by five months28 Aug 2025, Rule change, Colorado
- DevelopmentOpenAI, Anthropic and Google offer frontier AI to US agencies for about $1 via GSA6 Aug 2025, Procurement, United States
- DevelopmentBiden’s AI national security memo makes the AI Safety Institute labs’ main contact24 Oct 2024, Policy, United States
- DevelopmentColorado enacts a broad state law on high-risk AI, covering hiring and schools17 May 2024, Rule change, Colorado
- DevelopmentNIST publishes AI Risk Management Framework 1.0 for voluntary use26 Jan 2023, Policy, United States