Summary
On November 25, 2025, the National Association of Attorneys General, led by Connecticut Attorney General William Tong, sent a letter on behalf of a bipartisan coalition of 36 state attorneys general to Congress. The letter urged Congress leaders to reject the proposed ban on state-level artificial intelligence (AI) laws. The attorneys general argue that a broad federal law would prevent individual states from addressing and responding to AI risks quickly.
ANALYSIS
The letter was sent ahead of the executive order, “Ensuring a National Policy for Artificial Intelligence,” signed by President Donald Trump on 11 December 2025. The order will see a national AI framework developed as a national standard with the help of a newly formed AI Litigation Task Force. According to the order, the task force will “check the most onerous and excessive laws emerging from the States that threaten to stymie innovation.”
The federal preemption seeks to do away with state AI laws altogether. In 2025, state lawmakers enacted dozens of AI-related bills into law, and those bills are now at risk.
Attorneys general from 36 jurisdictions signed the letter including: American Samoa, Arizona, California, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, U.S. Virgin Islands, Washington, and Wisconsin.
The coalition agrees that stricter AI laws are needed, but maintains that they should be left to the states. The letter contained examples of growing AI threats from “delusional generative AI outputs” impacting users’ mental health to young children being exposed to inappropriate content. The group believes these challenges can be addressed at the state level because many states are at the forefront of tech policy, while federal policy is playing catch-up.
“States must be empowered to apply existing laws and formulate new approaches to meet the range of challenges associated with AI,” the letter states.
States like California have been leading the way on state-level AI regulation for some time. In 2024, California Governor Gavin Newsom signed Senate Bill 896 (SB 896), known as the Generative Artificial Intelligence Accountability Act. The act focuses on accountability and transparency within government use. Since 2024, California’s AI framework has evolved from broad legislation towards a framework of sector-specific regulations, highlighting the need for laws that adapt.
Other states have also enacted AI laws like Texas’s Texas Responsible AI Governance Act (TRAIGA) and Utah’s Artificial Intelligence Policy Act. Under the executive order, these laws could be replaced with a national framework. In the letter, attorneys general wrote:
“Broad preemption of state protections is particularly ill-advised because constantly evolving emerging technologies, like AI, require agile regulatory responses that can protect our citizens.”
“Federal inaction paired with a rushed, broad federal preemption of state regulations risks disastrous consequences for our communities.”
Opposing attorneys general suggest federal-state collaboration over a blanket ban on state laws. The coalition has also made it clear that it is ready to work alongside Congress to develop regulations that safeguard the public but support technological progress.
Engagement Resources
- 2026 AI Policy
- National Association of Attorneys General press release
- The Preemption Fight
- Ensuring a National Policy Framework for Artificial Intelligence
- AI state law tracker
- Different State AI laws