Research & Policy Briefs

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

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.

Lori Riverstone-Newell
Publius: The Journal of Federalism, Volume 47, Issue 3, 1 July 2017, Pages 403–425,
Published: 25 May 2021