All preemption laws are in tension with local democracy, but punitive preemption is especially threatening. Many state preemption laws are vague around the edges; some may violate the state’s constitution or legal doctrines.
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This Article describes this politics by way of assessing the nature of—and reasons for—the hostility to city lawmaking. It also provides a current accounting of state preemptive legislation and assesses the cities’ potential legal and political defenses.
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This Essay examines the spread of the new preemption and explores the legal doctrines available to local governments for challenging it.
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This fact sheet details two straightforward approaches that can be pursued through ballot initiatives or statewide legislation to do so.
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As more localities step up to lead on LGBTQ rights, there is a growing threat to this local progress.
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Federal preemption is the concept that ‘federal law preempts contrary state law.’
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This memorandum provides an overview of some substantive and procedural constraints on the latitude of state legislatures to limit local authority and autonomy.
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