In the last few years, Republican-controlled state legislatures have intensified the use of what are known as pre-emption laws, to block towns and cities from adopting measures favored by the left. The states aren’t merely overruling local laws; they’ve walled off whole new realms where local governments aren’t allowed to govern at all.
The pattern has worsened a different kind of partisan war beyond Washington, where the political divide cuts not just across the aisle, but across different levels of government. As standoffs between red states and blue cities grow more rancorous, the tactics of pre-emption laws have become personal and punitive: Several states are now threatening to withhold resources from communities that defy them and to hold their elected officials legally and financially liable.
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States have banned local ordinances on minimum wage increases, paid sick days and lesbian, gay, bisexual and transgender rights. They’ve banned “sanctuary cities.” They’ve even banned a number of bans (it’s now illegal for Michigan cities to ban plastic bags, for Texas towns to ban fracking).
A law passed in Arizona last year threatens to withhold shared state revenue from local governments that adopt ordinances in conflict with state policy. Texas’ new sanctuary city law imposes civil fines as high as $25,500 a day on local governments and officials who block cooperation with federal immigration requests. And it threatens officials who flout the law with removal from office and misdemeanor charges.
Texas’ four largest cities are now suing the state in response. Gov. Greg Abbott of Texas, a Republican, has been a vocal advocate for state laws that he says are necessary to protect individual liberty from local government overreach. When cities overstep their bounds, he said this year, they “should have to pay a price for it.”
