Nowhere in the US is anything brighter than 55watts legal. That said, properly aimed
headlights like the 90w/130w are run on our highways all the time without problem. Properly aimed
, they are not a problem and it's highly doubtful you would ever get pulled over because of them.
The only problem is if your state has mandatory inspections like are so common in many of the Eastern states where they might actually look to see if your headlights "look funny". If they do notice them, they'd start looking for the DOT certification which of course be missing. But unless your TJ actually gets a thorough inspection, odds are slim to none of having a problem running 90w/130w headlights, as I did myself for years.
The bigger issue is those lights draw double the amperes of the OE lights so you should install an upgraded headlight wiring harness kit. Don't start sweating at that recommendation since such harness kits are plug and play, they are a very easy installation with no special electrical skills needed other than common sense and the ability to read simple instructions. The upgraded wiring harness also eliminates the additional amperes from passing through your headlight switch which would otherwise kill it. In fact, it reduces the load on your headlight switch which will make it last longer... especially since the TJ's headlight switch has a slight history of failing even with the factory headlights.
I don't have a link here at work but a quick Yahoo or Google search for upgraded headlight wiring harnesses will produce quick results.