What Are Trigger Laws?

Federal, state and local governments can each pass laws in the United States. When a city passes local laws–like noise ordinances–it can do so without involving the federal government. However, it cannot pass laws that contradict federal law or jurisdiction. So, as federal laws change, they shift what states and cities can or cannot do. State or local governments prepare for this by drafting laws that automatically go into effect once federal law changes. These are called Trigger laws.

Trigger law is a general term for a law that is currently unenforceable (sometimes due to federal preemption, the pecking order of legal authority) but becomes enforceable when certain conditions are met. Simply put, trigger laws are anticipatory laws.

In 2013, Illinois and 11 other states passed trigger laws to end their Medicaid expansion should federal funding dip below 90% of the program’s cost. Ten years later, federal funding has held at the 90% threshold, costing $7.5 billion per year in federal funds and $750 million per year in state funds. When Illinois enacted its trigger law in 2013, it anticipated future federal funding cuts. It used a trigger law to protect against suddenly footing a $7.5 billion cost. Reductions in federal Medicaid funding loom again in 2025. If Congress cuts Medicaid funding, many states’ trigger laws would likely activate.

Trigger laws typically include a timeframe and language confirming required conditions. In some cases, trigger laws rely on certification by a state official (e.g., the Governor or State Attorney General). In other instances, there is no certification provision. Trigger laws can also include language about severability. Severability allows each section of the act to remain in effect even if certain parts are deemed invalid. These provisions may be crucial for trigger laws addressing large or complex issues.

Consider the National Labor Relations Act (NLRA), for example. This federal law grants private-sector employees the right to organize into unions, engage in collective bargaining and strike. In the U.S., core employment laws are federal laws. Since the NLRA is federal law, states and cities generally cannot regulate the private-sector labor relations it covers. While the NLRA remains in effect today, judicial interpretations have weakened its rights, and companies have filed lawsuits calling the NLRA and its board unconstitutional. If a state anticipated a federal change to the NLRA, it could enact a trigger law. Following a ‘trigger event’ (such as a Supreme Court decision ending the NLRA’s preemption), the state would automatically enact new private-sector labor laws.

In times of changing administrations and crumbling Supreme Court precedents, we may see an increase in trigger laws enacted from both ends of the political spectrum. Some states may look to cement federal changes at local levels, while others aim to protect against federal decisions.