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The Rise of State Preemption Laws in Response to Local Policy Innovation

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  • Lori Riverstone-Newell

Abstract

This article analyzes the increasing use of state preemption law by conservative state leaders as a tool to rein in progressive local governments. The scope and special qualities of recent state preemption laws are explored by examining legislation preempting local fracking bans, preventing minimum wage ordinances, targeting sanctuary city policies, overturning LGBT rights ordinances, and enacting blanket preemption measures. Reasons for the recent surge of state preemption laws are suggested, and the overall effectiveness of these laws is discussed. I conclude that rising conservative dominance of state legislatures has provided the opportunity to thwart progressive local policies, and these efforts have been aided by various industry and conservative organized groups. State preemption laws are not always successful in their aims. In some cases, state supreme courts have sided with local officials’ claims of state overreach. In others, local officials have simply refused to comply. In any case, the threat of preemption may have a chilling effect on local policy innovation.

Suggested Citation

  • Lori Riverstone-Newell, 2017. "The Rise of State Preemption Laws in Response to Local Policy Innovation," Publius: The Journal of Federalism, CSF Associates Inc., vol. 47(3), pages 403-425.
    • Handle: RePEc:oup:publus:v:47:y:2017:i:3:p:403-425.
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    File URL: http://hdl.handle.net/10.1093/publius/pjx037
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    References listed on IDEAS

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    1. Sean Nicholson-Crotty & Nick Theobald, 2011. "Claiming Credit in the U.S. Federal System: Testing a Model of Competitive Federalism," Publius: The Journal of Federalism, CSF Associates Inc., vol. 41(2), pages 232-256, Spring.
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    Cited by:

    1. David M Konisky & Paul Nolette, 2022. "The State of American Federalism 2021–2022: Federal Courts, State Legislatures, and the Conservative Turn in the Law," Publius: The Journal of Federalism, CSF Associates Inc., vol. 52(3), pages 353-381.
    2. Fix Michael P. & Mitchell Joshua L., 2017. "Examining the Policy Learning Dynamics of Atypical Policies with an Application to State Preemption of Local Dog Laws," Statistics, Politics and Policy, De Gruyter, vol. 8(2), pages 223-247, December.
    3. Stefano Barbieri & Kai A. Konrad, 2021. "Overzealous Rule Makers," Journal of Law and Economics, University of Chicago Press, vol. 64(2), pages 341-365.
    4. Olatunde C. A. Johnson, 2021. "The Future of Labor Localism in an Age of Preemption," ILR Review, Cornell University, ILR School, vol. 74(5), pages 1179-1201, October.
    5. Zack Taylor & Alec Dobson, 2020. "Power and Purpose:Canadian Municipal Law in Transition," IMFG Papers 47, University of Toronto, Institute on Municipal Finance and Governance.
    6. Christopher B Goodman & Megan E Hatch, 2023. "State preemption and affordable housing policy," Urban Studies, Urban Studies Journal Limited, vol. 60(6), pages 1048-1065, May.
    7. Yunji Kim & Austin M Aldag & Mildred E Warner, 2021. "Blocking the progressive city: How state pre-emptions undermine labour rights in the USA," Urban Studies, Urban Studies Journal Limited, vol. 58(6), pages 1158-1175, May.
    8. McDonald, Bruce D. III & Goodman, Christopher B & Hatch, Megan E., 2020. "Tensions in State-Local Intergovernmental Response to Emergencies: The Case of COVID-19," OSF Preprints cnzt6, Center for Open Science.
    9. Joshua A. Basseches & Rebecca Bromley-Trujillo & Maxwell T. Boykoff & Trevor Culhane & Galen Hall & Noel Healy & David J. Hess & David Hsu & Rachel M. Krause & Harland Prechel & J. Timmons Roberts & J, 2022. "Climate policy conflict in the U.S. states: a critical review and way forward," Climatic Change, Springer, vol. 170(3), pages 1-24, February.
    10. Goodman, Christopher B, 2019. "State Legislative Ideology & the Preemption of City Ordinances: The Case of Worker Rights Laws," SocArXiv 2mnws, Center for Open Science.
    11. Austin M Aldag & Mildred E Warner & Yunji Kim, 2019. "Leviathan or Public Steward? Evidence on Local Government Taxing Behavior from New York State," Publius: The Journal of Federalism, CSF Associates Inc., vol. 49(4), pages 671-693.
    12. Rebecca Bromley-Trujillo & Paul Nolette, 2023. "The State of American Federalism 2022–2023: Escalating Culture Wars in the States," Publius: The Journal of Federalism, CSF Associates Inc., vol. 53(3), pages 325-348.

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