Legal Hurdles Await Trump's AI Executive Order

If states file suit, Trump’s attempt to force states to abandon 'onerous' laws regulating AI will likely fall short in court, argues expert.

Legal Hurdles Await Trump's AI Executive Order
Photo of Brian McGrail from Williams University

WASHINGTON, Jan. 27, 2026 — Colorado Attorney General Phil Weiser (D) hasn’t been shy about challenging Trump administration orders on a range of issues, including artificial intelligence.

State Attorneys General to FCC: Don’t Preempt AI Laws
The agency asked whether to consider AI laws as part of a broader preemption effort.

Soon after the news broke on Nov. 19 that the White House was preparing an executive order linking funding remaining under the Broadband Equity, Access and Deployment to states with “onerous” laws on AI – including those of California and Colorado – Weiser threatened to sue.

On Dec. 11, the White House did in fact release such an order. Although the reference to California’s AI law was dropped, Colorado’s law continued to be specifically targeted.

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