The federal government has opened a new front in the fight over who regulates artificial intelligence.
On January 9, 2026, the Attorney General formally established an AI Litigation Task Force within the Department of Justice. Its job is to challenge state AI laws the administration views as conflicting with national policy.
Where the Task Force Comes From
The task force was ordered by Executive Order 14365, Ensuring a National Policy Framework for Artificial Intelligence, signed December 11, 2025. The order declares a national policy favoring “minimally burdensome” AI standards and directs federal agencies to push back on state rules that go further. It also:
- Directs the Commerce Department to publish, by March 11, 2026, a review of state AI laws it considers overly burdensome, citing Colorado’s AI Act as an example
- Directs the Federal Trade Commission to issue a policy statement, also by March 11, on how federal consumer protection law applies to state-mandated changes to AI outputs
- Asks the Federal Communications Commission to consider a federal AI reporting and disclosure standard
- Exempts state laws on child safety, AI data center infrastructure, and state governments’ own purchase and use of AI
What the Task Force Can, and Cannot, Do
The task force can file lawsuits arguing that particular state laws violate the Constitution, for example by unduly burdening interstate commerce, or are preempted by existing federal law. It cannot strike down a state law on its own. Under the Constitution, only Congress, by passing a law within its powers, or a court, in a ruling, can override a state statute.
That distinction matters. An executive order directs the executive branch. It does not bind state legislatures, and it is not itself a federal statute that preempts state law.
What to Watch
- Whether the task force files its first lawsuit, and against which state
- The Commerce Department’s list of state laws, due March 11
- Whether Congress takes up a federal AI framework that would preempt state laws by statute
- How state attorneys general respond
Truth Trench has followed state efforts on AI and children closely. The federal-state collision now under way will decide which level of government writes the rules, and how much say citizens have through their own state legislatures.
Keep Digging With Truth Agent
This article is a starting point. Truth Agent puts the public record at your fingertips, including the Constitution, federal law, regulations, court opinions and oversight reports, so you can follow executive orders, federal AI bills and any court challenges as they are filed without relying on anyone’s summary, including ours.
