An executive order issued in December 2025 directs federal agencies to challenge state AI laws deemed to impede a “minimally burdensome national standard.” The order authorizes challenges under the dormant Commerce Clause, First Amendment, and federal preemption doctrines, creating active federal-versus-state tension across the patchwork of 46+ state deepfake and AI laws.

• Federal challenges to state AI laws that “burden interstate commerce” or “infringe protected speech”
• State election deepfake laws, AI transparency requirements, and broader AI regulation regimes
• Preemption analysis for state laws that overlap with federal proposals

• No new compliance requirements; redirects federal enforcement priorities
• DOJ and FTC directed to litigate against qualifying state AI laws
• May trigger constitutional challenges to existing state laws like California AB 2655 (already partially struck down August 2025)
• Faces likely counter-litigation from state attorneys general defending their statutes