Abstract
In 2023, Texas passed the Texas Regulatory Consistency Act, which has been not-so-affectionately dubbed the “Texas Death Star Bill” by its opponents because of its looming presence over local governments. This bill, and others like it, are harsh forms of new deregulatory preemption. Unlike traditional preemption where states preempted localities by either creating and enforcing their own regulations on a specific issue or regulating a field so heavily that there is no room for local regulation, this new regulation is deregulating entire fields, often to serve a partisan mission. As a result, small businesses—one of the most widely supported groups in the United States—are being treated as merely collateral damage. While many small business owners see regulation as a hinderance to their businesses’ success, regulations are necessary to the long-term sustainability of their businesses. For example, without regulation, the door is open for larger corporations to introduce monopolies into the market and drive out all of their smaller competitors. With the new trend of deregulatory preemption, states are barring local action to address the needs of small businesses, and they are neglecting to take on those issues themselves.
Suggested Citation
Luke Baldwin, Preempting Prosperity: How an Era of Unprecedented Preemption Poses Risks for Small Businesses, Mich. St. L. Rev. Forum (Oct. 27, 2026).