Washington Legal Foundation

Even with all three branches of the federal government involved, preempting state AI laws will require bipartisan compromise.

Last week, Representatives Jay Obernolte (R-CA) and Lori Trahan (D-MA)

“Fiat justitia ruat caelum”—let justice be done, though the heavens fall. The words are carved behind the bench of the Supreme Court of Georgia. This month, in Clark v. Leigh, the court let something fall. It declined to enforce a s...

“The Fifth Circuit has licensed unprecedented governmental gatekeeping of online speech through private app stores.”
—Cory L. Andrews, WLF General Counsel & Vice President of Litigation

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The U.S. Court of Appeals for the Fourth Circuit recently reversed a district court’s denial of a preliminary injunction, holding that Maryland’s law against so-called “greenwashing” by electricity suppliers likely offends the First Amendment.

Background

Maryland’s 1999 law allowing customers to choose their electricity supplier introduced...

It has been a bad run for the National Labor Relations Board. For most of 2025, the Board was basically inoperative after the president fired one of its members. At the same time, it lost