Week in Review

IN THE NEWS

• President Donald J. Trump signed an executive order establishing a national policy framework for artificial intelligence (AI) and directing the federal government to curtail state laws that the Trump Administration views as barriers to U.S. AI leadership. The order instructed the Attorney General to create a task force to challenge state AI laws deemed inconsistent with federal policy and directed federal agencies to evaluate whether certain state regulations should be preempted or tied to eligibility for federal funding. AI company bosses reportedly stated that state-by-state regulation creates a fragmented and burdensome compliance landscape that threatens innovation and U.S. competitiveness, particularly in relation to China. Child safety advocates argued that preempting state laws would remove one of the few effective mechanisms currently protecting families and children from AI-related harms.
• President Trump signed an executive order limiting the entry of foreign nationals into the United States, expanding a prior set of country-based entry restrictions. The order imposed full entry limitations on nationals of Burkina Faso, Mali, Niger, South Sudan, and Syria, as well as on individuals traveling with Palestinian Authority–issued documents, and applied partial restrictions to nationals from an additional group of countries. The Trump Administration stated that the restrictions are necessary to address national security concerns, citing gaps in identity-document systems, information sharing, and screening and vetting capabilities in certain countries. The order directed executive branch agencies to implement the restrictions to prevent the entry of individuals about whom the United States lacks sufficient information to assess potential security risks.
• The European Union indefinitely froze all Russian assets—totaling $247 billion—held by member states. The move followed a promise by EU Council President António Costa to immobilize the funds “until Russia ends its war of aggression against Ukraine.” Russian assets were previously frozen using EU sanctions which required unanimous reapproval by all 27 EU member states every six months. The indefinite freeze allows the EU to maintain economic pressure without needing approval from governments in Hungary and Slovakia, which have previously opposed greater aid to Ukraine. The indefinite freeze also makes it harder for the United States to unilaterally negotiate an end to the war without EU coordination.
• The Centers for Disease Control and Prevention (CDC) ended its recommendation that all U.S. newborns receive a hepatitis B vaccine at birth, adopting an individual-based decision-making approach for infants born to mothers who test negative for the virus. The CDC recommended that unvaccinated infants wait at least two months before receiving a first dose if vaccination is later pursued. The change follows a recommendation from the Advisory Committee on Immunization Practices and alters a policy that has been in place since 1991, with implications for insurance coverage and clinical guidance nationwide. Critics warned that the shift departs from established scientific consensus and could increase the risk of hepatitis B transmission by weakening clear federal vaccination guidance.
• The National Trust for Historic Preservation sued the Trump Administration in the U.S. District Court for the District of Columbia, alleging that President Trump’s White House ballroom construction project violates the National Capital Planning Act, National Environmental Policy Act, and the Property Clause of the U.S. Constitution. The National Trust claimed that the Trump Administration did not submit legally required plans to the National Capital Planning Commission, did not prepare an environmental assessment or environmental impact statement, and did not obtain the congressional approval necessary for construction projects in federal parks in the District of Columbia. The suit follows a letter sent by the organization in October requesting a project review by the National Park Service prior to the demolition of the East Wing of the White House.
• U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance limiting photos used for secure immigration documents to images taken within three years of a form’s filing and ending acceptance of self-submitted photos. Effective December 12, 2025, only photos captured by USCIS or other authorized providers will be used, a change the agency said strengthens identity verification after COVID-19 flexibilities had allowed photo reuse for up to ten years. The guidance also requires new photos for certain filings—including applications for a green card and applications for citizenship—regardless of when an applicant last provided an image.
• The Federal Trade Commission, joined by 21 states and the District of Columbia, filed an amended complaint against Uber. Regulators accuse the company of charging for its monthly subscription plan without consent, failing to deliver promised $0 delivery fees and $25 in monthly savings, and making cancellation too difficult. The suit seeks civil penalties under the Restore Online Shoppers’ Confidence Act and state consumer-protection laws, and was filed in the United States District Court for the Northern District of California.
• The U.S. Food and Drug Administration (FDA) approved two new oral therapies for gonorrhea: Nuzolvence (zoliflodacin), a powder that dissolves in water, and Blujepa (gepotidacin) tablets, a drug previously approved for urinary tract infections. The approvals cover uncomplicated urogenital infection—gonorrhea only of the urethra or cervix—and are for people aged 12 and older who weigh at least a certain weight. In pivotal trials, single-dose Nuzolvence cured 91 percent of participants and two-dose Blujepa cured 93 percent of participants, rates that were similar to the standard antibiotic treatment. FDA expedited review of both drugs amid rising rates of drug-resistant gonorrhea.

WHAT WE’RE READING THIS WEEK

• In a recent article, Michelle Bryan of the University of Montana argued that historic ownership patterns, changing congressional policies, and conflicting U.S. Supreme Court decisions have created an anomaly in land use law where federally recognized Indigenous tribes cannot meaningfully regulate land use within their own reservations. She argued that the federal policy of allotment—which converted communal ownership of tribal lands into individual private property interests—opened the door to non-tribal member ownership. She claimed that the Supreme Court decision in Montana v. United States eroded tribal authority to regulate land use. Bryan proposed ways to correct this regulatory injustice, arguing that the Supreme Court should fundamentally reevaluate its decision in Montana.
• In a recent report, the U.S. Government Accountability Office (GAO) examined the Federal Aviation Administration’s (FAA) efforts to recruit, hire, and train air traffic controllers amid persistent staffing shortages. GAO found that although FAA increased hiring after years of attrition caused by funding lapses and the COVID-19 pandemic, the controller workforce remained smaller than in 2015, even as flight volumes rose. GAO attributed shortfalls to lengthy hiring and training processes that produce substantial attrition, including medical clearance procedures that can take years to complete. GAO concluded that FAA has taken steps to streamline parts of the process but has not consistently evaluated whether those efforts improve outcomes. GAO recommended that FAA establish measurable goals, better analyze data across hiring stages, and improve communication with applicants to ensure qualified candidates remain in the pipeline.
• A recent report by the U.S. Government Accountability Office (GAO) surveyed federal artificial intelligence (AI) policy and compiled a government-wide checklist of AI requirements and the entities that oversee them. The report cataloged more than 90 AI-related mandates drawn from laws, executive orders, and Office of Management and Budget guidance, and it outlined 10 executive-branch oversight and advisory groups involved in implementation. GAO also identified near-term tasks for agencies and clarified which offices were responsible and on what timelines. The report provided a roadmap for federal AI governance by linking policy direction, oversight structures, and agency implementation.

EDITOR’S CHOICE

• In an essay in The Regulatory Review, Ann E. Tweedy, an associate professor at the University of South Dakota School of Law, discussed the disconnect between Congress and the U.S. Supreme Court on issues of tribal sovereignty. Tweedy argued that the Supreme Court narrowed indigenous tribes’ civil regulatory authority through its decision in Montana v. United States. In Montana, the Court held that, for tribes to regulate nontribal members on reservations, those individuals must have entered into a commercial relationship with the tribe or must have directly threatened the tribe’s wellbeing. Tweedy claimed that the Court rarely finds either of the Montana requirements to be satisfied, creating a “chronic uncertainty” around tribal regulatory authority. Tweedy concluded that to solve this issue, Congress should pass a “federal statute recognizing and affirming tribes’ inherent right to exercise civil regulatory authority” within reservations.