The White House’s Newest Executive Order on AI: Challenging State AI Regulation
Description
In this episode, Katherine Forrest and Scott Caravello unpack the White House’s December 11 Executive Order on AI regulation—and how it might impact today’s patchwork of state-level rules. They cover three major levers in the Executive Order: a new DOJ Litigation Task Force to challenge state laws; eligibility for broadband funding tied to a state’s AI regulatory landscape; and potential preemption through new FCC disclosure standards and under the FTC’s Section 5 authority. Along the way, they demystify preemption and the Dormant Commerce Clause. Amid lighthearted debates over proper pronunciation—and what may or may not have been covered in their 1L Constitutional Law courses—our hosts let listeners know what to watch for as courts, agencies, and Congress gear up for potential challenges to state AI laws.
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