The Dynamist

A Post-Mortem on a Moratorium w/James Wallner and Luke Hogg


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The One Big Beautiful Bill is now President Trump's signature legislative achievement, including sweeping changes to taxes, immigration, and spending priorities. But buried in the budget reconciliation process, an AI regulation fight became one of the most contentious debates in the entire package.

Senator Ted Cruz championed a 10-year moratorium on most state and local AI regulation, arguing that a patchwork of conflicting laws would hamstring American companies in their competition with China. His solution was clever: tie the moratorium to rural broadband funding through budget reconciliation, allowing it to pass with simple Republican majorities.

The Senate parliamentarian approved the measure under the Byrd rule, giving Cruz's proposal the green light. But the coalition that formed against it was unexpected. Instead of typical partisan lines, opponents included not just Democrats and left-leaning groups, but also MAGA influencers like Steve Bannon, conservative senators like Josh Hawley and Marsha Blackburn, child safety advocates, and Republican governors.

The drama peaked when Blackburn—after negotiating a compromise with Cruz to reduce the time frame to five years and add exemptions to allow state laws on child safety and rights of publicity—walked away from the deal at the last moment. When the dust settled, the Senate voted 99-1 to strip the AI moratorium entirely—a decisive defeat for the tech industry.

The fight exposed deeper tensions over federalism, corporate power, and whether conservatives are willing to override state authority to boost American tech competitiveness. The resounding rejection suggests many weren't. So where does the fight for a national AI standard go from here, and what does this defeat mean for the shaky alliance between “tech bros” and the Trump Administration? Evan is joined by James Wallner, Vice President for Policy at FAI, and Luke Hogg, Director of Technology Policy at FAI.

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The DynamistBy Foundation for American Innovation

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