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ARTICLE · 27 JANUARY 2026

White House Executive Order Moves To Restrict State AI Legislation

McDermott Will & Schulte
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On December 11, 2025, the White House issued an executive order (EO) attempting to restrict state-level artificial intelligence (AI) laws.

United StatesTechnology
Jiayan Chen
Jiayan Chen
Shawn C. Helms
Shawn C. Helms
Kathryn Linsky
Kathryn Linsky
Michael G. Morgan
Michael G. Morgan
Kristen O'Brien
Kristen O'Brien
Marjorie C. Soto Garcia
Marjorie C. Soto Garcia
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On December 11, 2025, the White House issued an executive order (EO) attempting to restrict state-level artificial intelligence (AI) laws. This EO follows bipartisan legislative decisions to exclude preemption of state-level AI law provisions from two separate bills in 2025.

In the past several years, the number of state AI-related laws has significantly increased. In 2025 alone, 38 states adopted more than 100 laws relating to AI. Existing laws span consumer protection, employment, healthcare, election interference, and AI governance, to name a few. The administration's stated goal is to maintain "global AI dominance" through a "minimally burdensome" framework. The EO sets out several measures and efforts, in furtherance of the administration's desire to avoid a patchwork of state laws and regulations, to reduce barriers to innovation, and to ensure consistent oversight of interstate commerce.

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