Submitted statement to the House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet, at a hearing held September 18, 2025 before Chairman Issa and Ranking Member Johnson.
Frazier is identified as "the inaugural AI Innovation and Law Fellow at The University of Texas School of Law."
The framing
The hearing's title — "AI at a Crossroads: A Nationwide Strategy or Californication?" — states the preemption question as a binary and signals the majority's framing: state-led regulation, California's in particular, as a de facto national standard set without national deliberation.
That framing is the counterpart to the reverse federalism argument advanced by OpenAI, which reads the same state activity as a consensus Congress should adopt rather than as an imposition it should displace. The two positions agree that states have set the operative rules and disagree on whether that is a starting point or a problem.
Relationships
- related: Reverse Federalism — the competing reading of the same state-level activity
- related: State-Level AI Regulation, California SB 53, Frontier AI Governance