Case: xAI v. Weiser

1:26-cv-01515 | U.S. District Court for the District of Colorado

Filed Date: April 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging a Colorado law that regulates the development and deployment of high-risk artificial intelligence systems, requiring reasonable care to prevent so-called "algorithmic discrimination" against protected groups. On April 9, 2026, xAI LLC, Nevada company headquartered in Palo Alto that develops AI models including the Grok large language model, filed suit against Colorado Attorney General Philip J. Weiser in the U.S. District Court for the District of Colorado. xAI brough…

This is a case challenging a Colorado law that regulates the development and deployment of high-risk artificial intelligence systems, requiring reasonable care to prevent so-called "algorithmic discrimination" against protected groups.

On April 9, 2026, xAI LLC, Nevada company headquartered in Palo Alto that develops AI models including the Grok large language model, filed suit against Colorado Attorney General Philip J. Weiser in the U.S. District Court for the District of Colorado. xAI brought six constitutional claims against the state under the First Amendment, Commerce Clause, Due Process Clause, and Equal Protection Clause, alleging that Senate Bill 24-205 (SB 24-205) severely burdens AI development and forces developers to abandon objective truth-seeking in favor of promoting Colorado's ideological views on controversial topics like racial justice. Per the complaint, the law defines algorithmic discrimination as differential treatment disfavoring individuals based on protected characteristics, but it expressly exempts discrimination intended to "increase diversity or redress historical discrimination." xAI alleged that this improperly codified discrimination. Represented by private counsel, xAI sought declaratory relief and an injunction to prevent enforcement of SB 24-205 against the company. The case was assigned to District Judge Daniel D. Domenico.

On April 24, 2026, the United States filed an unopposed motion to intervene on behalf of xAI, which the court granted that same day. The complaint in intervention articulated the Trump Administration's anti-DEI theory, argued that SB 24-205 violated the Constitution, because its effort to prevent discrimination was itself race-conscious and discriminatory. The complaint in intervention said, for example:

Thus, SB24-205 coerces deployers to engage in demographic-conscious use of AI. SB24-205 obligates deployers to monitor real-world outputs, assess the “risk” of unlawful differential treatment, and take corrective action in ongoing use—without any judicial finding of unlawfulness. When outputs inevitably include disparities, deployers facing liability are pressured to adjust their AI systems to eliminate the disparities, and demographic calibration becomes the standard for compliance.

Both parties also filed a joint motion to vacate the upcoming scheduling conference, suspend case deadlines, and temporarily stay enforcement of SB 24-205 pending the plaintiff’s forthcoming motion for preliminary injunction. That motion was granted on April 27, 2026.

This case is ongoing.

 

Summary Authors

Ian Gibson (6/1/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73171074/parties/x-ai-llc-v-weiser/


Judge(s)

Domenico, Daniel Desmond (Colorado)

Attorney for Plaintiff

Gieseke, Greta (Colorado)

Hauptman, William Daniel (Colorado)

Attorney for Defendant

Field, Katherine M. (Colorado)

Kelly, Heather K. (Colorado)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-01515

Complaint for Declaratory and Injunctive Relief

x.AI v. Weiser

April 9, 2026

April 9, 2026

Complaint
17

1:26-cv-01515

United States of America's Complaint in Intervention

United States of America v. Weiser

April 24, 2026

April 24, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73171074/x-ai-llc-v-weiser/

Last updated Aug. 25, 2026, 3:18 a.m.

Docket for: X. AI LLC v. Weiser
ECF Number Date Description Link
1 April 9, 2026

COMPLAINT against PHILIP J. WEISER (Filing fee $ 405,Receipt Number ACODC-10938481)Attorney Frederick Richard Yarger added to party X. AI LLC(pty:pla), filed by X. AI LLC.(Yarger, Frederick) (Entered: 04/09/2026)

Clearinghouse
2 April 9, 2026

NOTICE Civil Cover Sheet by Plaintiff X. AI LLC (Hauptman, William) (Entered: 04/09/2026)

RECAP
3 April 9, 2026

SUMMONS REQUEST as to Attorney General Philip J. Weiser re 1 Complaint, 2 Notice (Other) by Plaintiff X. AI LLC. (Hauptman, William) (Entered: 04/09/2026)

RECAP
4 April 9, 2026

Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (agarc, ) (Entered: 04/10/2026)

RECAP
5 April 10, 2026

SUMMONS issued by Clerk. (Attachments: # 1 Magistrate Judge Consent Form) (agarc, ) (Entered: 04/10/2026)

RECAP
6 April 13, 2026

WAIVER OF SERVICE Returned Executed by X. AI LLC. Philip J. Weiser waiver sent on 4/13/2026, answer due 6/12/2026. (Hauptman, William) (Entered: 04/13/2026)

RECAP
7 April 13, 2026

MINUTE ORDER: The Parties shall complete and file the Magistrate Judge Consent Form, ECF No. 5-1, on or before June 2, 2026. It is further ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference will be held before this Court on June 16, 2026 at 10:30 a.m. in Courtroom C-201, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. It is further ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. The Parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than seven days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at Chung_Chambers@cod.uscourts.gov. Entered by Magistrate Judge Cyrus Y. Chung on 04/13/2026. (agryan) (Entered: 04/13/2026)

RECAP
8 April 14, 2026

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff X. AI LLC All parties do not consent.. (Hauptman, William) (Entered: 04/14/2026)

RECAP
9 April 14, 2026

CASE REASSIGNED Pursuant to 8 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 26-cv-01515-DDD. (Text Only Entry) (echa, ) (Entered: 04/14/2026)

RECAP
10 April 14, 2026

ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Chief Judge Daniel D. Domenico on 4/14/2026. Text Only Entry. (rkeec) (Entered: 04/14/2026)

RECAP
April 14, 2026

Order Referring Case to Magistrate Judge

11 April 16, 2026

Minute Order: This matter is before the Court sua sponte. The Scheduling Conference set for 6/16/2026 at 10:30 a.m is hereby RESET to 6/16/2026 at 10:45 a.m. This is a change in time only. Entered by Magistrate Judge Cyrus Y. Chung on 4/16/2026. Text Only Entry (spric) (Entered: 04/16/2026)

RECAP
April 16, 2026

Minute Order

12 April 24, 2026

Unopposed MOTION to Intervene as Plaintiff by Intervenor Plaintiff United States. (Attachments: # 1 Exhibit A - Certificate of Acting Attorney General, # 2 Exhibit B - Complaint in Intervention)(Gieseke, Greta) (Entered: 04/24/2026)

1 Exhibit A - Certificate of Acting Attorney General

View on PACER

2 Exhibit B - Complaint in Intervention

View on PACER

RECAP
13 April 24, 2026

NOTICE of Entry of Appearance by Heather K. Kelly on behalf of Philip J. WeiserAttorney Heather K. Kelly added to party Philip J. Weiser(pty:dft) (Kelly, Heather) (Entered: 04/24/2026)

RECAP
14 April 24, 2026

AFFIDAVIT/RETURN of Service of United States' Unopposed Motion to Intervene as Plaintiff (Dkt. 12) upon Defendant Philip J. Weiser, Colorado Attorney General on April 24, 2026, filed by Intervenor Plaintiff United States (Gieseke, Greta) (Entered: 04/24/2026)

RECAP
15 April 24, 2026

NOTICE of Entry of Appearance by Eric Arthur Sell on behalf of United StatesAttorney Eric Arthur Sell added to party United States(pty:intvp) (Sell, Eric) (Entered: 04/24/2026)

RECAP
16 April 24, 2026

ORDER granting 12 United States of Americas Unopposed Motion to Intervene. "On timely motion, the court must permit anyone to intervene whois given an unconditional right to intervene by a federal statute." Fed. R. Civ. P. 24(a)(1). The Civil Rights Act of 1964 gives the United States an unconditional right to intervene in Equal Protection cases if the Attorney General certifies that it is a case of general public importance. See 42 U.S.C. § 2000h-2. X.AI LLC brings an Equal Protection claim and the Acting Attorney General has certified that this case is of general public importance. Doc. 1 187-201; Doc. 12-1. The unopposed motion is also timely, filed fifteen days after X.AI LLC initiated this suit. Compare Doc. 12, with Doc. 1 . The Defendant, the Colorado Attorney General, entered an appearance today and the scheduling conference is set for nearly two months from now. Docs. 11, 13 . The motion is GRANTED. The Clerk is directed to AMEND the caption to include the United States of America and DOCKET the United States of Americas Complaint in Intervention, Doc. 12-2, as a separate docket entry.SO ORDERED by Chief Judge Daniel D. Domenico on 04/24/2026. Text Only Entry.(agryan) (Entered: 04/24/2026)

RECAP
17 April 24, 2026

UNITED STATES OF AMERICA'S COMPLAINT in Intervention, filed by United States. [Docketed pursuant to 16 Order](agryan) (Entered: 04/24/2026)

Clearinghouse
18 April 24, 2026

Joint MOTION to Vacate Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay Enforcement by Plaintiff X. AI LLC. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Joint Motion to Vacate Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay Enforcement)(Hauptman, William) (Entered: 04/24/2026)

1 Proposed Order (PDF Only) Order Granting Joint Motion to Vacate Scheduling Confe

View on RECAP

RECAP
19 April 24, 2026

NOTICE of Entry of Appearance by Katherine M. Field on behalf of Philip J. WeiserAttorney Katherine M. Field added to party Philip J. Weiser(pty:dft) (Field, Katherine) (Entered: 04/24/2026)

RECAP
20 April 24, 2026

ORDER REFERRING MOTION(S): 18 Joint MOTION to Vacate Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay Enforcement filed by X. AI LLC.Motions referred to Magistrate Judge Cyrus Y. Chung. SO ORDERED by Chief Judge Daniel D. Domenico on 04/24/2026. Text Only Entry. (agryan) (Entered: 04/24/2026)

RECAP
21 April 24, 2026

NOTICE of Entry of Appearance by Joshua R. Zuckerman on behalf of United StatesAttorney Joshua R. Zuckerman added to party United States(pty:intvp) (Zuckerman, Joshua) (Entered: 04/24/2026)

RECAP
22 April 24, 2026

Joint MOTION to Vacate Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay Enforcement by Intervenor Plaintiff United States. (Attachments: # 1 Proposed Order (PDF Only))(Gieseke, Greta) (Entered: 04/24/2026)

1 Proposed Order (PDF Only)

View on PACER

RECAP
April 24, 2026

Order on Motion to Intervene

April 24, 2026

Order Referring Motion

23 April 27, 2026

ORDER REFERRING MOTION(S): 22 Joint MOTION to Vacate Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay Enforcement filed by United States.Motions referred to Magistrate Judge Cyrus Y. Chung. SO ORDERED by Chief Judge Daniel D. Domenico on 04/27/2026. Text Only Entry. (agryan) (Entered: 04/27/2026)

RECAP
24 April 27, 2026

MINUTE ORDER: The parties' Motion, ECF No. 22, is GRANTED. A stay will not prejudice the plaintiff, who does not oppose the motion, ECF No. 22, will avoid burdening the parties with the costs of litigating, promotes judicial economy and efficiency, does not negatively impact nonparties, and is in the public interest. Accordingly, it is ORDERED: 1. The defendant shall not initiate enforcement, including but not limited to the initiation of an investigation, for alleged violations of SB24-205 (or any legislation replacing or amending SB24-205 enacted during this legislative session) that occurred or may occur on or before 14 days after the date the Court issues a ruling on xAI's forthcoming motion for a preliminary injunction in this case.2. xAI shall submit a motion for preliminary injunction and, if necessary, file an amended complaint, within 28 days after final adoption of rulemaking implementing SB24-205 or any legislation that may replace or amend SB24-205. 3. The Scheduling Conference scheduled for June 16, 2026, is VACATED, and all case management and other deadlines are STAYED, pending the Courts resolution of xAIs forthcoming motion for preliminary injunction.4. xAI and the Colorado Attorney General's original Joint Motion to Vacate Scheduling Conference and Suspend Case Deadlines and Stipulation to Temporarily Stay Enforcement, ECF No. 18, is DENIED AS MOOT. Entered by Magistrate Judge Cyrus Y. Chung on 4/27/2026.(echa, ) (Entered: 04/27/2026)

RECAP
April 27, 2026

Order Referring Motion

Case Details

State / Territory:

Colorado

Case Type(s):

Public Accommodations/ Contracting/ Organizational Discrimination

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: April 9, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

xAI LLC is a Nevada company headquartered in Palo Alto that develops AI models including the Grok large language model.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Colorado

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

District of Colorado 1:26-cv-01515

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Content/viewpoint discrimination

Recommended Citation