This September 2020 amicus brief in the case ‘City of San Antonio & Marilyn Washington v. Associated Builders & Contractors of South Texas’ deals with preemption of San Antonio’s paid sick leave policy.
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This October 2018 amicus brief (by the Campaign to Defend Local Solutions) in the case ‘Cleveland v. Ohio’ deals with preemption of Clevaland’s local hire law.
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It is essential that state legislatures accurately represent the statewide public’s views when legislating with respect to local power. In too many states, highly gerrymandered state legislatures do not accurately represent the public’s views.
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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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One of the most troubling recent trends is the rise of “blanket” preemption in the states, described by the New York Times as efforts to “…[wall] off whole new realms where local governments aren’t allowed to govern at all.”
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A troubling trend has emerged where state legislators move to punish local legislators for supporting or voting for policies that state legislators oppose.
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This February 2017 amicus brief in the case ‘Pa. Rest. and Lodging Ass’n v. Pittsburgh’ deals with preemption of Pittsburgh’s paid sick leave policy.
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This Issue Brief surveys the landscape of state preemption and offers “possibilities for strengthening home rule to advance progressive local policymaking.”
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This August 2017 amicus brief (by the Campaign to Defend Local Solutions) in the case ‘Cleveland v. Ohio’ deals with preemption of Clevaland’s local hire law.
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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 August 2017 amicus brief in the case ‘Florida Retail Federation v. Miami Beach’ deals with Miami Beach’s minimum wage policy.
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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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