Federal push to preempt state AI laws
The White House and House Republicans are preparing to block state-level AI rules as states move faster — a federal preemption drive comes while Michigan lawmakers press proposals including bans on AI companion chatbots for minors and new platform security rules reported reported. Industry voices are also pushing for nationally consistent, enforceable standards to avoid a patchwork of state rules and regulatory friction argued.
An executive order signed Dec. 11, 2025 lays out)) a goal of a “minimally burdensome national standard” and signals federal intent to displace conflicting state AI rules. The same order created an AI Litigation Task Force and directed federal agencies to review state laws and funding eligibility, with the Justice Department empowered to sue states deemed to have “onerous” AI restrictions according to)) administration guidance. House GOP efforts to insert a preemption clause into the 2026 NDAA stalled in early December, with House Majority Leader Steve Scalise saying leaders were “looking at other places” to place preemption language after that bid was dropped reported)). Michigan’s legislative package includes Senate Bill 760, a bill explicitly titled to regulate operators of companion chatbots and to restrict offering such chatbots to minors, alongside separate proposals requiring platform security plans for AI systems filed)). Trade groups and tech firms have publicly urged a single federal standard and tasked the Commerce Department’s NIST with a central role in developing technical AI evaluation and safety standards under the White House plan argued)). Legal advisers warn the administration’s preemption rationale faces likely court tests under the Supremacy Clause and could provoke state resistance, while the White House has also discussed using federal funding levers to influence state policy noted)); many state AI laws already on the books took effect Jan. 1, 2026 highlighted)).
