We have seen this pattern before. Washington debates, states move, and Congress eventually responds, often borrowing from what states have already built. Privacy may be heading back down that track, but the federal endpoint remains uncertain. Artificial intelligence (AI) is not waiting. Governance expectations are already hardening through agencies, procurement, standards, and state law, largely outside of Congress.
Federal Preemption Was the Strategy, but Execution Is Still Incomplete
In December 2025, the Trump Administration issued Executive Order 14365 to halt state-by-state AI regulation and lay the groundwork for federal preemption. The order directed Department of Commerce, within 90 days, to identify and effectively triage “onerous” state AI laws, flagging those that distort “truthful outputs,” burden interstate commerce, or raise constitutional concerns for referral to a newly created AI Litigation Task Force (Task Force). The Department of Justice (DOJ) stood up that Task
