Executive Order 14365 directs agencies to challenge state AI laws

Executive Order 14365 — signed December 11, 2025 — establishes a 'minimally burdensome' national AI policy framework and directs federal agencies to evaluate and, in some cases, legally challenge state-level AI laws.

The EO is the operational backbone of the Trump administration's AI policy. It explicitly authorizes the Department of Justice and other federal agencies to investigate state AI laws (notably California's SB 1047 successor) for federal preemption violations.

Combined with the May 14 signal that Trump may now also support some federal safety regulations, the policy posture is shifting toward "federal regulation may exist; state regulation will not." This is the opposite of the EU approach.

White House — EO eliminating state obstruction → · Paul Hastings — analysis →