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ARTICLE · 23 DECEMBER 2025

New AI Executive Order Seeks To Preempt State AI Laws

Davis Wright Tremaine LLP
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On December 11, 2025, the Trump Administration issued a new Executive Order, "Ensuring a National Policy Framework for Artificial Intelligence" (EO)...

United StatesTechnology
Christopher Savage
Christopher Savage
K.C. Halm
K.C. Halm
Stacey Sprenkel
Stacey Sprenkel
John D. Seiver
John D. Seiver
Shannon L. McNeal
Shannon L. McNeal
Sarah Wood
Sarah Wood

On December 11, 2025, the Trump Administration issued a new Executive Order, "Ensuring a National Policy Framework for Artificial Intelligence" (EO), which was intended to encourage AI development and ensure the U.S. "wins the AI race" by preempting or penalizing burdensome state regulation. The EO follows the release earlier this year of the Administration's AI Action Plan ("Winning the Race"), and accompanying Executive Orders purporting to prevent "Woke" AI in the federal government. (DWT's discussion of these earlier actions is here.)

States are certain to challenge any concrete steps the Administration takes to implement this EO.

Concerns about State AI Regulation and Steps to Address Them

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