A Welcome Turning Of The Tide On State Preemption Of Cities

Law360 (August 1, 2019, 3:57 PM EDT) -- With all of the drama ceaselessly unfolding in the nation’s capital, people could hardly be faulted for not noticing that another spate of state legislative sessions has come and gone across the country. But for cities and their advocates, this past spring may have been one of the more significant legislative seasons in years, possibly marking a turning of the tide in state interference with local democracy.

Over at least the past decade, every state legislative season has seen the enactment of provisions curtailing or wholesale removing (“preempting”) the power of cities — with a particularly troubling trend of laws authorizing...

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