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GOP Rift and State Pushback Grow After Trump Order to Preempt AI Laws

New federal directives on AI face organized state resistance, foreshadowing court and funding fights.

Overview

  • President Trump’s December 11 executive order directs the Department of Justice to form an AI Litigation Task Force within 30 days to challenge state rules deemed inconsistent with a federal AI policy.
  • The order instructs the Commerce Department to publish a 90‑day evaluation of state AI laws and proposes limiting access to certain BEAD broadband funds for states identified as conflicting with federal policy.
  • Ohio lawmakers from both parties introduced resolutions condemning the order as unconstitutional overreach, joining a broader state-level backlash.
  • Prominent Republicans including Gov. Ron DeSantis, Rep. Marjorie Taylor Greene, Sen. Josh Hawley, Gov. Sarah Huckabee Sanders, and Gov. Spencer Cox have criticized federal preemption of state AI regulation.
  • Legal analysts expect court battles over preemption and spending‑clause authority and note the order’s carve‑outs for child safety, data‑center infrastructure, and state procurement, with additional agency actions expected by March 11, 2026.