Independent Oversight Marketplace for AI
Research
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Jun 1, 2025
The Solution to the Preemption vs Patchwork Debate
Over the weekend, the AI policy debate was thrown into uncharted waters when Republicans’ revised 10-year federal freeze on state AI regulation cleared the procedural “Byrd Bath” hurdle, allowing it to remain in the budget reconciliation bill. Substantial confusion about the new provision, now called a “Temporary Pause,” as well as opposition from both sides of the political aisle, persists.
But regardless of its fate, the provision raises a central question that will endure beyond this legislative debate: Inseparable from the challenge of how to regulate AI is the question of who should be regulating it.