State AI Preemption Fight

Updated: 2026.01.13 16D ago 1 sources
States are already passing or proposing AI safety and governance laws under their police powers, and the federal government (via an executive task force) is preparing litigation to challenge those laws as preempted. The resulting wave of suits will force courts to define the constitutional boundary between state police powers (health, safety, welfare) and federal authority over interstate commerce and national innovation policy. — Who wins these preemption fights will determine whether the United States develops a patchwork of state AI regimes or a coherent national framework, with direct consequences for innovation, liability, and civil liberties.

Sources

Artificial Intelligence in the States
Kevin Frazier 2026.01.13 100% relevant
Trump’s EO created an AI Litigation Task Force expressly charged with identifying and challenging state AI laws; the article explains this and situates it within police‑power jurisprudence and public‑health analogies.
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