Overview

US states are forging ahead with artificial intelligence regulations despite a Trump executive order seeking to preempt them, having passed 159 AI laws across 46 states in 2025 alone. Leaders from California to Florida affirm their constitutional rights to protect constituents.[3]

Key Developments

  • In 2025, 46 states enacted 159 AI-related laws as the technology rapidly evolves.[3]
  • Congress rejected a 10-year moratorium on state AI laws in the One Big Beautiful Bill Act and omitted pre-emption from the National Defense Authorization" class="inline-tag-link">Defense Authorization Act (NDAA).[3]
  • White House July AI Action Plan proposed withholding funds from states with 'burdensome' AI rules.[3]
  • Colorado Rep. Brianna Titone stated: “no executive order can legally stop us from doing that, and it will be challenged in court.”[3]
  • California Gov. Gavin Newsom called the order a “con” on X, saying California will continue “building a nation-leading innovation economy while implementing common sense safeguards.”[3]
  • New York Assemblymember Alex Bores said it shows “Big Tech billionaires are the ones who are really in charge,” pushing for state safety plans and incident reporting.[3]
  • Florida Gov. Ron DeSantis: “Even reading it very broadly, I think the stuff we’re doing is going to be very consistent [with the executive order].”[3]

Analysis

Factor Current Status Implications
Economic States like California prioritize innovation with safeguards Balances tech growth against risks, potentially setting national standards
Political National Conference of State Legislatures opposes federal pre-emption; 36 AGs protested NDAA measure Heightens federal-state tensions, likely court battles ahead
Social 280 state lawmakers back state rights Empowers local policies on AI ethics, safety amid federal inaction

Expert Reactions

Rep. Brianna Titone argues the order violates separation of powers: “Only Congress, not the president, has the right to pre-empt state laws.”[3] NCSL "strongly opposes any effort to override state-level artificial intelligence laws whether through executive action or legislation."[3]

What's Next

States plan continued regulation; AI company PAC targets lawmakers like Bores in 2026 midterms. Legal challenges to the executive order expected soon.[3]