State Preemption: A Significant and Quiet Threat to Public Health in the United States

• Published in: American journal of public health (1971) 2017-06, Vol.107 (6), p.900-902
• Main Authors: Pomeranz, Jennifer L, Pertschuk, Mark
• Format: Article
• Language: English
• Subjects: Advocacy; AJPH Policy; Alcohol; Attitude to Health; Attorneys general; Civil rights; Education; Emergency medical care; Employee benefits; Federal Government; Firearm accidents & safety; Firearm laws & regulations; Food; Gays & lesbians; Government; Health care policy; Health Law; Health Policy; Historical account; Humans; Interest groups; Leaves of absence; Legislation; Legislative process; Legislators; Legislatures; LGBTQ people; Local Government; Minimum wage; Municipalities; Negotiation; Nutrition; Policy Making; Preempting; Preemption; Public health; Public Health - legislation & jurisprudence; Public health education; Public Health Practice; Public Policy - legislation & jurisprudence; Safety; School lunches; Sick leave; Sick Leave - legislation & jurisprudence; State Government; State laws; United States
• ISSN: 0090-0036; 1541-0048
• DOI: 10.2105/AJPH.2017.303756

State and local governments traditionally protect the health and safety of their populations more strenuously than does the federal government. Preemption, when a higher level of government restricts or withdraws the authority of a lower level of government to act on a particular issue, was historically used as a point of negotiation in the legislative process. More recently, however, 3 new preemption-related issues have emerged that have direct implications for public health. First, multiple industries are working on a 50-state strategy to enact state laws preempting local regulation. Second, legislators supporting preemptive state legislation often do not support adopting meaningful state health protections and enact preemptive legislation to weaken protections or halt progress. Third, states have begun adopting enhanced punishments for localities and individual local officials for acting outside the confines of preemption. These actions have direct implications for health and cover such topics as increased minimum wages, paid family and sick leave, firearm safety, and nutrition policies. Stakeholders across public health fields and disciplines should join together in advocacy, action, research, and education to support and maintain local public health infrastructures and protections.