State preemption of paid-sick leave requirements may contribute to external causes of death. One study found statistically significant associations between paid-sick leave requirements and reductions in homicides (in men and women), suicides (in men), and alcohol poisoning (in women). 9 If state laws preempting paid-sick leave protections were repealed, mortality by these causes may decline by more than 5% in some places.
A 2024 paper examined state takeovers across four main policy areas traditionally reserved to localities, including education (e.g. local school districts); finances (e.g. economically distressed municipalities); the criminal legal system (e.g. policing, prosecutors, and judges), and voting (e.g. local election administration) and showed that such state interference increasingly is being used in majority-Black cities. Evidence to date suggests that these state takeovers are not only anti-democratic but also result in suppressing local Black political power and undermining the political will of Black voters. Read more in Sandhya Kajeepeta, When the State Takes Over: How State Officials Usurping Local Control Threatens Local Black Political Power, 52 Fordham Urb. L.J.
Research suggests that growing disparities in life expectancy are attributable to the combined effects of deregulation, devolution, and state preemption. For example, between 1980 and 2014, the difference between life expectancy at birth in Mississippi and New York more than tripled from 1.6 years to 5.5 years. Whereas New York allows local governments to raise the minimum wage, mandate paid sick leave, regulate firearms, and require calorie counts on restaurant menus, Mississippi preempts all four of these policies. Read more in Montez JK. Deregulation, Devolution, and State Preemption Laws' Impact on US Mortality Trends. Am J Public Health. 2017;107(11):1749-1750. doi: 10.2105/AJPH.2017.304080.
Research shows that the misuse of state preemption often blocks policies that promote health and equity, with severe – and preventable – consequences such as lower life expectancy, increased infant mortality, and worse overall health outcomes. Read more at Montez, JK, Beckfield, J, Cooney, JK, Grumbach, JM, Hayward, MD, Koytak, HZ, WoolfH, S, Zajacova, A. US State Policies, Politics, and Life Expectancy. The Milbank Quarterly. 2020. doi:10.1111/1468-0009.12469.
Austin, Texas, sought to address racial and socioeconomic discrimination in rental housing by prohibiting landlords from rejecting otherwise qualified tenants based solely on their source of income (e.g., federal housing assistance). Across the country, only one in three voucher households is protected by nondiscrimination laws like those Austin adopted. The Texas state legislature responded by invalidating Austin’s ordinance and preempting localities from adopting similar antidiscrimination laws, despite the absence of any statewide protections for recipients of housing assistance and despite clear evidence that source-of-income discrimination disproportionately harms people of color. Read more at Tighe JR, Hatch ME, Mead J. Source of income discrimination and fair housing policy. J Plan Lit. 2016;32(1):3-15.
A study suggests a relationship between state preemption of local mandatory inclusionary zoning (IZ) policies and both increased rates of self-reported poor or fair health status and a greater likelihood that Black adults report delaying medical care because of cost. Read more at Melton-Fant, C. Relationship Between State Preemption of Inclusionary Zoning Policies and Health Outcomes: Is There Disparate Impact Among People of Color?. Housing Policy Debate. 2020. doi: 10.1080/10511482.2020.1798488.
A study assessing how preemption affects birth outcomes – a key indicator of population health – found that state preemption of local minimum wage laws accounted for as much as 3.5% of infant deaths, resulting in more than 600 infant deaths in 2018 alone. The same study also found that the largest metro counties could reduce the infant mortality rate by 1.5 to 1.8% by increasing the minimum wage by one dollar. Read more in Wolf D, Monnat S, Montez JK. Profits protected, lives lost: The preemption tradeoff. 2020 American Public Health Association Annual Meeting. October 2020.
State preemption of local minimum wage laws prevent communities from improving health outcomes such as decreased adult body weight, increased infant birth weight, declined rates of preterm birth, declined child maltreatment reports, 3 and lower rates of suicide. Read more in Marotta, J, Greene, S. Minimum Wages: What Does the Research Tell Us about the Effectiveness of Local Action?. Urban Institute. January 2019.
State preemption of minimum wage laws prevents local governments from redressing health, social, and economic inequities. Increased minimum wages reduce wage inequality, disproportionately benefit women and individuals with lower education levels, and do not result in business closures or employment losses. Read more in Marotta, J, Greene, S. Minimum Wages: What Does the Research Tell Us about the Effectiveness of Local Action?. Urban Institute. January 2019.
Research shows that women, particularly women of color, and working people are disproportionately harmed by state preemption of local worker protection laws. Read more in Partnership for Working Families. For all of Us, By All of Us: Challenging State Interference to Advance Gender and Racial Justice. May 2019.