Judge blocks new Texas law that would erode cities' power to enact local rules

[NowsTheTime]

Source: Texas Tribune

A sweeping new Texas law aimed at undermining the ability of the state’s bluer urban areas to enact progressive policies is unconstitutional, a Travis County judge ruled Wednesday.

State District Judge Maya Guerra Gamble halted the law — House Bill 2127, which opponents nicknamed the “Death Star” bill — just days before it was slated to take effect on Friday.

The Republican-backed law aims to stop local governments from enacting a wide range of progressive-leaning policies by barring cities and counties from passing local ordinances that go further than what’s allowed under broad areas of state law.

Read more: https://www.texastribune.org/2023/08/30/texas-death-star-bill-unconstitutional/

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I guess the Repubs don't believe in small government if it is below the State level!

[PortTack]

1. Some good news!

[Novara]

2. GOOD

[BumRushDaShow]

3. I hope that can withstand all the court levels there

because I know we have something like that here in PA called a "preemption statute".

Government & Politics

Preemption, explained: How Pennsylvania’s biggest city and the Legislature grapple over power
By: Sarah Anne Hughes - July 26, 2019 7:10 am


Pennsylvania last raised its minimum wage on July 9, 2006, when Gov. Ed Rendell signed a bill that gradually increased the state’s base pay from $5.15 to $7.15 an hour. But the Legislature didn’t just give workers a $2 raise. Lawmakers also voted to preempt local municipalities from raising the minimum wage on their own.

That language was added in the Senate Labor & Industry Committee, which at the time was chaired by Sen. Joe Scarnati, R-Jefferson, who’s now president pro tempore of the chamber. That change really didn’t matter for most municipalities, which are blocked from regulating the “duties, responsibilities or requirements” of private businesses by state law.

But it did affect preemption’s most popular target: Philadelphia. Preemption is something that comes up during a number of hot-button debates in Pennsylvania, from gun control to paid sick leave. Below, we dive into what it is, how it’s used, and more.

What is preemption?

For the purposes of this explainer, preemption is when the General Assembly restricts or forbids a lower-level of government from doing something. Pennsylvania is a home rule state, meaning municipalities can adopt a charter and have an established, elected local government. But under the state Constitution, the Legislature is still given the power to restrict a home rule locality’s actions:

(snip)

https://www.penncapital-star.com/government-politics/preemption-explained-how-pennsylvanias-biggest-city-and-the-legislature-grapple-over-power/

[MadameButterfly]

4. They never really believed in states rights either

Everything is code

[Lonestarblue]

5. Republicans don't believe in any governing done by Democrats, and most major Texas cities are

governed by Democrats. Travis County judges tend to be progressives, and this decision will be appealed to the Republican state Supreme Court where it will likely be overturned, and if not there the totally right-wing 5th Circuit will overturn. Sorry to rain on the parade, but Republicans have all the power in Texas. They have been undermining the Democratic cities for decades.

[NowsTheTime]

7. I long for the days of Ann Richards...Texas used to be somewhat Democratic

[keithbvadu2]

6. Repubs prattle on about state's rights, parental rights, local control... until it interferes with t

Repubs prattle on about state's rights, parental rights, local control... until it interferes with their own big gov't.

[LeftInTX]

8. I'm sure the AG already appealed it to the Supreme Court.

[Marcuse]

9. States' rights, federalism, unitary executive, mob rule. It's all ok if republicans want to do it.

[LetMyPeopleVote]

10. This is an important legal win

Link to tweet

[riversedge]

11. It is horrible that local governaments have to spend money on their rights-when

the money could be used to care for its people.

[sakabatou]

12. Again and again, Repukes want to strip rights away from individuals, minorities, and now cities