The Tech Policy Press Podcast A Critical Look at Trump's AI Executive Order
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Dec 14, 2025 In this insightful discussion, Olivier Sylvain, a law professor at Fordham and a senior policy fellow focusing on information law, critiques Trump's recent AI executive order. He explains how the order attempts to centralize AI approval while clashing with state regulations on bias and pricing. Sylvain argues its potential failure in court due to lack of congressional support, highlights challenges in interstate commerce claims, and discusses the implications of political targeting in enforcement. He also teases his upcoming book on tech regulation.
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Trump Frames EO As Single Approval Path
- President Trump framed the signing as ensuring a single federal source of approval to avoid 50 state approvals.
- He said China has a central source of approval and touted U.S. leadership and investment in AI.
Federal Order Directs Agencies, Not States
- The executive order directs multiple federal agencies to challenge state AI laws and design a federal response strategy.
- Olivier Sylvain argues these actions are limited because executive orders bind only federal agencies, not states, without congressional delegation.
Courts Demand Clear Congressional Delegation
- Courts require clear congressional delegation before agencies can preempt or intrude on state law.
- Sylvain warns the administration lacks that clear statutory delegation, making legal success unlikely.
