Former President Donald Trump announced on Monday his intention to sign an executive order this week aimed at preventing individual states from enacting their own artificial intelligence (AI) regulations. Trump argues that a unified federal approach is essential to maintain the United States' leadership in AI development, a stance that has already drawn significant bipartisan pushback.

“I will be doing a ONE RULE Executive Order this week,” Trump posted on social media. “You can’t expect a company to get 50 Approvals every time they want to do something.”

He further elaborated on his vision for a singular regulatory framework, stating, “There must be only One Rulebook if we are going to continue to lead in AI. 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… AI WILL BE DESTROYED IN ITS INFANCY!”

Trump’s announcement follows a recent failed attempt in the Senate to preempt state AI regulations. The proposal, considered deeply unpopular, could not garner enough support to be included in a crucial defense budget bill.

The rapid evolution of AI technology, coupled with a perceived lack of comprehensive federal consumer protections, has prompted numerous states to develop their own regulatory frameworks. For instance, California has enacted SB 53, a landmark AI safety and transparency bill. Similarly, Tennessee’s ELVIS Act provides protections for musicians and performers against unauthorized AI-generated deepfakes of their voices and likenesses.

Prominent figures in Silicon Valley, including OpenAI President Greg Brockman and former VC-turned-White House “AI czar” David Sacks, have voiced concerns that a patchwork of state-level laws could stifle innovation and jeopardize the U.S. lead over China in the global AI race. However, critics of this perspective argue that the tech industry's powerful lobbying efforts have historically blocked meaningful regulation, and there's no evidence that state AI laws would "destroy AI progress" as claimed.

Details of the Proposed Executive Order

A leaked draft of Trump’s executive order reveals several key provisions. It would establish an “AI Litigation Task Force” tasked with challenging state AI laws in court and direct federal agencies to evaluate state regulations deemed “onerous.” The order also aims to push the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) toward developing national standards that would supersede state rules. Furthermore, the order would grant David Sacks direct influence over AI policy, potentially bypassing the White House Office of Science and Technology Policy, currently led by Michael Kratsios.

New York Assembly member Alex Bores, who sponsored New York’s RAISE Act, sharply criticized the proposed order:

“Christmas comes early for AI billionaires who keep getting exactly what they want from The White House: a massive handout that makes it that much easier for them to make massive profits for themselves with exactly zero consideration for the risks to our kids, to our safety, and to our jobs,” Bores said in a statement.

Bipartisan Opposition to Federal Preemption

Efforts to curtail states’ authority to regulate AI have faced strong opposition across the political spectrum. Earlier this year, Senator Ted Cruz (R-TX) introduced a proposal for a 10-year moratorium on AI legislation within the federal budget bill. This proposal was overwhelmingly rejected by a 99-1 vote, a rare display of bipartisan consensus that tech companies should not operate without oversight.

When Trump’s draft executive order was leaked last month, several Republican politicians publicly spoke out against it:

  • Rep. Marjorie Taylor Greene (R-GA) posted on X: “States must retain the right to regulate and make laws on AI and anything else for the benefit of their state. Federalism must be preserved.”
  • Gov. Ron DeSantis (R-FL) posted: “I oppose stripping Florida of our ability to legislate in the best interest of the people. A ten year AI moratorium bans state regulation of AI, which would prevent FL from enacting important protections for individuals, children and families.” DeSantis has also raised concerns about data centers, citing them as drains on power and water resources, and potential job killers. He added in a November X post, “The rise of AI is the most significant economic and cultural shift occurring at the moment; denying the people the ability to channel these technologies in a productive way via self-government constitutes federal government overreach and lets technology companies run wild.”
  • Sen. Marco Rubio (R-FL) also warned Trump against the executive order, advising him to “leave AI to the states” to uphold federalism and allow for local protections.

The concerns regarding potential harms from AI technology are well-founded. Reports have documented several deaths by suicide linked to prolonged interactions with AI chatbots, and psychologists have noted an increase in cases of a condition termed “AI psychosis.”

Further underscoring the widespread opposition, a bipartisan coalition of over 35 state attorneys general warned Congress last month that overriding state AI laws could lead to “disastrous consequences.” Additionally, more than 200 state lawmakers have issued an open letter opposing federal preemption, citing potential setbacks to AI safety progress.