Why AI policy thrives in some states and fades in others

Discussions on artificial intelligence (AI) are occurring at all levels of government, including federal, state, and local, as each entity tries to understand, leverage, and protect from AI. In August 2025, Brookings identified the states leading and lagging on AI governance, along with the salience of different issues associated with the technology. In this analysis, Brookings unpacks what factors lead to the introduction of bills at the state level and, more importantly, what factors might constrain these efforts. Some states are racing ahead with detailed frameworks, while others have introduced just a few bills. This patchwork emergence of AI legislation matters because it shapes how citizens are protected from abuse, how information ecosystems respond to AI-generated deepfakes and AI-driven automated decision-making, and whether governments establish institutions capable of governing AI over the long run. It also provides a backdrop for the current efforts by the White House to curb state-led legislation.