The DOJ argues that the law may violate the Constitution by requiring AI systems to consider protected characteristics such as race or gender.

The Department of Justice (DOJ) filed a motion to join a lawsuit brought by xAI against Colorado’s Attorney General, challenging State Bill 24-205. The motion argues that the law violates the Equal Protection Clause of the Fourteenth Amendment.

The Colorado law mandates disclosure and risk-mitigation rules for developers of high-risk AI systems, with the goal of preventing discriminatory outcomes in areas such as employment, housing, and lending. 

The DOJ claims that complying would require AI developers to consider factors such as race and/or gender when building AI models, arguing that incorporating and evaluating people on these characteristics is unconstitutional.

The case was originally filed by xAI on April 9, 2026, in the U.S. District Court for the District of Colorado. 

The challenge comes amid a broader theater in which the White House is actively discouraging state legislation in favor of the administration’s AI regulatory plans.

This is the first time the Department of Justice has intervened in an AI lawsuit.