states move to block federal preemption of AI laws, setting up court fight

A bipartisan coalition of 36 state attorneys general sent a letter to Congress leaders on Nov. 25 urging rejection of a proposed ban on state-level artificial intelligence laws. Led by Connecticut Attorney General William Tong, the group argued that broad federal preemption would prevent states from addressing AI risks quickly. The letter was sent ahead of an executive order signed by President Donald Trump on Dec. 11. The order, titled Ensuring a National Policy for Artificial Intelligence, establishes a national AI framework and creates an AI Litigation Task Force to review the most onerous state laws that threaten to stymie innovation. In 2025, state lawmakers enacted dozens of AI-related bills into law that now face preemption. The attorneys general from 36 jurisdictions signed the letter, including American Samoa, Arizona, California and others. The coalition agrees that stricter AI laws are needed but maintains they should be left to the states. The letter contained examples of growing AI threats from delusional generative AI outputs impacting users' mental health to young children being exposed to inappropriate content. States must be empowered to apply existing laws and formulate new approaches to meet the range of challenges associated with AI, the letter states. Broad preemption of state protections is particularly ill-advised because constantly evolving emerging technologies like AI require agile regulatory responses that can protect our citizens, the attorneys general wrote. Federal inaction paired with a rushed, broad federal preemption of state regulations risks disastrous consequences for our communities, according to the letter. The coalition has made it clear that it is ready to work alongside Congress to develop regulations that safeguard the public but support technological progress. California has been leading the way on state-level AI regulation. In 2024, California Governor Gavin Newsom signed Senate Bill 896, known as the Generative Artificial Intelligence Accountability Act, which focuses on accountability and transparency within government use. Other states have also enacted AI laws like Texas's Texas Responsible AI Governance Act and Utah's Artificial Intelligence Policy Act.