Federal Preemption: A Legal Primer — https://www.congress.gov/crs-product/R45825
It sounds like a good idea to establish a uniform national policy! And the federal government can do that (although only for the very specific purposes spelled out in the Constitution). The right way to do that is to pass a law through both houses of Congress, and the president to sign it into law. Maybe the law even specifies a broad framework and authorizes the executive branch to dial in the specific details (although the court seems to be souring on that kind of thing too).
The god-king proclaiming a brand new framework governing a major new sector of the economy To Be So is.. not the normal way
The Legislative branch (Congress) not the Executive branch (White House) can preempt states.
> The order directs Attorney General Pam Bondi to create an “AI Litigation Task Force” within 30 days whose "sole responsibility shall be to challenge State AI laws" that clash with the Trump administration's vision for light-touch regulation.
The EO isn't about Federal Preemption. Trump's not creating a law to preempt states. So a question about how Federal Preemption is relevant is on point.
"We in the executive branch have an agreement with the Supreme Court allowing us to bypass congress and enact edicts. We will do this by sending the Justice Department any state law that gets in the way of our donors, sending the layup to our Republican Supreme Court, who will dunk on the States for us and nullify their law."
We don't have to go through the motions of pretending we still live in a constitutional republic, it's okay to talk frankly about reality as it exists.
[0] I'd be willing to call them something else if they picked an honest name for themselves - they are most certainly not "conservatives"
The EO mentions congress passing new law a few times in addition to an executive task force to look into challenging state laws based on constitutional violations or federal statues. That's the only way they'd get in front of a judge.
If the plan is for the executive to invent new laws it's not mapped out in this EO
1. No federal preemption currently. (No federal law, therefore no regulation on the matter that should preempt.)
2. State passes and enforces law regarding AI.
3. Trump directs Bondi to challenge the state law on nonsense grounds.
4. In the lawsuit, the state points out that there is no federal preemption; oh yeah, 10th Amendment; and that the administration's argument is nonsense.
5. The judge, say Eileen Cannon, invalidates the state law.
6. Circuit Court reverses.
7. Administration seeks and immediately gets a grant of certiorari — and the preemption matter is in the Supreme Court.
> passing new law … only way they'd get it in front of a judge.
The EO directs Bondi to investigate whether, and argue that, existing executive regulations (presumably on other topics) preempt state legislation.
Regardless, the EO makes it a priority to find and take advantage of some way to challenge and possibly invalidate state laws on the subject. This is a new take on preemption: creation of a state-law vacuum on the subject, through scorched-earth litigation (how Trumpian!), despite an utter absence of federal legislation on the matter.
>2.5 If it's a blue state, maybe the National Guard and ICE suddenly show up in force for the people's own protection.
>3. States choose entirely of their own volition to comply in advance.
That's probably how this is really going to go.
Sounds like leaving it up to Congress! But then the administration vows to thwart state laws despite the vacuum of no extant preemption, so effectively imposing a type of supposed Executive preemption:
> Until such a national standard exists, however, it is imperative that my Administration takes action to check the most onerous and excessive laws emerging from the States that threaten to stymie innovation.
So preemption link is relevant, I think; and at any rate, helpful to give background to those not familiar with the concept, which constitutes the field against which this is happening.
Their goal is to make money and enrich their own lives at the expense of everyone else.
Stephen Miller is just super weird though. Don’t bother trying to figure that guy out.
There's a reasonable argument that nationwide regulation is the more efficient and proper path here but I think it's pretty obvious that the intent is to make toothless "regulation" simply to trigger preemption. You don't have to do much wondering to figure out the level of regulation that David Sacks is looking for.
> Sec. 7. *Preemption of State Laws* Mandating Deceptive Conduct in AI Models.