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Law

How Subnational Governments Use Litigation to Challenge Federal Preemption

Quick fact

In 2020, California filed over 100 lawsuits against the federal government, many challenging federal preemption of state environmental and immigration policies. This aggressive litigation strategy has become a defining feature of modern federalism.

Why this is interesting

Imagine a state passing a strict environmental law, only to have the federal government say 'we've got this covered' — but the state fights back in court. How can a state sue the very government that's supposed to be over it?

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How Subnational Governments Use Litigation to Challenge Federal Preemption

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