E.O. Ignores that U.S. Constitution Preserves States’ Role as First Responder
WASHINGTON – The executive order President Trump issued yesterday aimed at blocking states from addressing artificial intelligence (AI) risks flies in the face of the critical and constitutional role states have in protecting the public, according to advocates at the National Consumer Law Center. It seeks to undo important legislation states have already passed and future efforts to rein in far-reaching dangers of AI algorithms used by powerful, unaccountable corporations that control so many aspects of our lives.
“States have a vital role in protecting the public from the myriad of known and unknown risks of AI, which can be used to improperly reject people for credit, jobs, and housing; freeze or steal bank accounts; abuse and share private data; and raise the cost of living through surveillance pricing,” said Lauren Saunders, associate director and director of federal advocacy at the National Consumer Law Center.
“Opaque AI systems need guardrails and oversight to make sure they do not discriminate against people based on race, age, gender, religion, and many other factors. With Congress unwilling to pass legislation protecting people from AI and this Administration gutting our consumer protection agencies, states are essential to stop AI from unleashing digital redlining,” said Odette Williamson, director of the racial justice project at the National Consumer Law Center.
The wide-ranging executive order directs several agencies to take actions aimed at blocking states from adopting or enforcing laws that protect the public from the risks of AI. Legislators across party lines have expressed concern about limiting state action on AI, both because of the risks of the technology and because of the importance of states’ role in our federalist system. The order singled out two state laws as problematic: California’s “disclosure and reporting law” and Colorado’s “algorithmic discrimination” law.
While the mega-billionaires who control AI systems complain about the challenges post by differing state laws, Senator Amy Klobuchar (D-MN) commented: “how can you expect us to believe you’re on the precipice of creating groundbreaking superintelligence if you can’t manage to comply with a handful of state laws?”
“States on a bipartisan basis have been addressing the risks of AI, exercising their role as our first responders and laboratories of democracy, which is critical given Congress’s inability to address the dangers of AI. Our Constitution limits the powers of the federal government and preserves the power of the states. The actions that President Trump is directing federal agencies to take to block states from protecting people from current and future AI dangers are reckless, unlawful, and will not stand up to challenge,” Saunders added.
For more information:
- Press Release, 60+ Civil Rights, Consumer, Labor, Technology Organizations Oppose Legislation Allowing Financial Firms Using AI to Ignore the Law (Dec. 10, 2025)
- Comments to the Department of Treasury on Use of Artificial Intelligence in Financial Services (Aug. 12, 2024)
- Restore the States’ Traditional Role as “First Responder” (Sept. 1, 2009)
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