Confronting Preemption
Type
Policy Brief or Report
Year
2019
Level
City or Town, County
State(s)
All States
Policy Areas
Democracy & Governance
Preemption is the legal doctrine that allows state law to override local law, thereby limiting the powers of local government. This brief outlines two steps local governments can take to preserve their autonomy and combat preemption: (1) educate state legislators about the downsides of preemption, (2) legally challenge preemption laws in court. It also highlights case studies of municipalities successfully fighting back against preemption.