2025-12-20T10:59:01.216Z
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- In December, President Trump signed an executive order aimed at limiting state-level AI regulation.
- The bill directs the Justice Department to sue states over “onerous” AI laws.
- It's an issue that has divided the Republican Party since the summer.
President Donald Trump is at odds with several key figures in his party over the hot-button issue of regulating artificial intelligence.
President Trump's AI policies have been largely industry-friendly. He has sought to help build AI infrastructure, and in December signed an executive order aimed at limiting state regulation of AI, a policy known as “preemption.”
The executive order directs the Justice Department to create a litigation task force to sue states for having “onerous” AI laws, while raising the possibility that some federal funding from those states could be withheld.
This is the latest incarnation of previous efforts in Congress to block state-level AI regulation, including the annual defense bill and the Big Beautiful Act. All of these efforts failed, largely due to opposition within the Republican Party.
Mr. Trump and other supporters of the policy say that in order to win the AI race with China, it is important to ensure that tech companies are not forced to comply with as many as 50 different regulations in each state.
David Sachs, a venture capitalist and President Trump's AI and cryptocurrency czar, said the order does not force communities that don't want data centers to build them.
Here's what key Republican critics are saying about President Trump's AI policies.
Florida Governor Ron DeSantis
Joe Radle/Getty Images
Florida Governor Ron DeSantis, a leading Republican opponent of President Trump in 2024, has consistently criticized federal efforts to curb states' ability to regulate AI.
As lawmakers consider adding a moratorium on AI regulations to the annual defense bill in November, DeSantis wrote to X that doing so would be “subsidizing Big Tech.”
“The rise of AI is the most important economic and cultural shift occurring today,” DeSantis wrote. “Denying people the ability to distribute these technologies in a productive way through self-governance is federal overreach and allows technology companies to run amok.”
Following President Trump's executive order, DeSantis said at an AI roundtable event in Florida that he believes the order does not apply to the legislation the governor is moving forward in the state.
But he said he expects the state to prevail if the administration attempts to challenge Florida's law.
“Even if you read it very broadly, I think what we're doing will be very consistent,” DeSantis said of the executive order. “But regardless of that, clearly we have the right to do this.”
Congresswoman Marjorie Taylor Greene (Georgia)
Anna Moneymaker/Getty Images
When Rep. Marjorie Taylor Greene began cutting ties with the president over the summer, one of the issues the Georgia Republican highlighted was AI.
Notably, Greene admitted that she voted for an earlier version of the Big Beautiful Act without knowing that it contained a provision that would block state regulation of AI.
“I am adamantly opposed to this, it is a violation of states’ rights, and I would have voted against it had I known it was included,” Greene wrote to X in June.
I didn't know about this section on pages 278-279 of OBBB that deprives states of full transparency and the right to make laws and regulate AI for 10 years.
I am adamantly against this, it is a violation of states' rights and I would have voted against it if I had known this was an issue… pic.twitter.com/bip3hztSGq
— Rep. Marjorie Taylor Greene🇺🇸 (@RepMTG) June 3, 2025
The Georgia Republican again stepped up his criticism when the provision was being considered in November's annual defense bill.
“States must retain the right to regulate and legislate AI and anything else in their own interests. Federalism must be preserved,” Greene wrote about X.
Just a few days later, Greene announced that she would resign from Congress on January 5, after President Trump called her a “traitor” largely over her stance on the Epstein file.
Sen. Josh Hawley of Missouri
Tom Williams/CQ Roll Call (via Getty Images)
Sen. Josh Hawley is one of the biggest Republican critics of the AI industry in the Senate and has opposed efforts to limit state regulation of the technology.
“Similar to the issue of federalism, we want to allow states to try different systems that they think work for their state,” Hawley told Business Insider in June. “And in general, when it comes to AI, I think there needs to be smart oversight to protect people's liberties.”
When it was reported in November that AI provisions were not being considered in the defense bill, Hawley celebrated through a post on X.
“Good. This is a terrible clause and should remain out,” he wrote.
Arkansas Governor Sarah Huckabee Sanders
Andrew Harnik/Getty Images
In June, Arkansas Gov. Sarah Huckabee Sanders, who served as White House press secretary during Trump's first term, led a group of 17 Republican governors to oppose the AI moratorium in the Big Beautiful Act.
The bill's provisions are stronger than President Trump's executive order and would ban state-level AI regulation altogether for 10 years.
Sanders also wrote an op-ed in the Washington Post opposing the plan.
“Congress's proposal to strip every state of the right to regulate AI is the antithesis of what the Founders envisioned when they established our federal system,” she wrote in June.
Sanders spoke out again in November as lawmakers considered adding a similar provision to the national defense bill.
“Now is not the time to turn back,” she wrote to X. “Let’s stop pre-emptive planning now and protect our children and communities.”
Governor Spencer Cox of Utah
Kevin Dietch/Getty Images
Utah Gov. Spencer Cox, one of the Republican governors who signed Sanders' letter, also continues to actively oppose efforts to limit state-level AI regulation.
“I'm very concerned about the federal government interfering in any way with states' ability to regulate AI,” Cox told NPR in November.
In December, as President Trump prepared to sign the executive order, Cox said more balance was needed.
“An Alternative AI Executive Order focused on human flourishing will strike the balance we need to protect our children, protect our values, and strengthen America's competitiveness. As the United States accelerates its leadership in AI, the nation must help protect children and families,” Cox wrote of X.
