On April 24, the U.S. Department of Justice intervened in support of xAI's challenge. The Trump administration's DOJ claims SB24-205 violates the Fourteenth Amendment's Equal Protection Clause by requiring demographic-based discrimination to avoid disparate outcomes and by explicitly permitting such discrimination to increase diversity or redress historical discrimination. The DOJ seeks to invalidate the law entirely, framing it as an obstacle to AI innovation. Colorado Governor Jared Polis signed the bill reluctantly in 2024 and urged modifications before passage.
Attorneys should monitor this case closely. With enforcement two months away, federal intervention signals a direct collision between state AI safeguards and federal free speech and innovation claims. The outcome will likely establish national precedent for how states can regulate AI systems and will test the boundaries of state authority under the Trump administration's broader deregulatory agenda, particularly its anti-DEI enforcement strategy.