Why Trump's AI executive order is doomed in court

An analysis in Tech Policy Press argues that the executive order issued this week by the Trump administration attempts to prevent states from regulating AI on their own, and the author believes the order is likely to fail in court. The order directs the Department of Justice to challenge state AI laws on the grounds that they violate the Constitution's Interstate Commerce Clause, and directs the FTC to issue a policy statement warning states not to require modifications to the truthful outputs of AI models. The author notes that the executive order itself is not binding on the public, that enforcement by the DOJ and FTC must still follow congressional legislation, and cites the Supreme Court precedent Gonzalez v. Oregon to show that federal agencies have difficulty intervening in legitimate state regulation without explicit congressional authorization. The article also mentions that a previous attempt to insert a federal preemption clause into a spending bill failed in the Senate.