Alice Clapman is a senior counsel at the Brennan Center for Justice.
State courts — and to some degree federal courts — play a significant role in every stage of the direct democracy process.
In striking down an abortion ban in South Carolina and upholding one in Idaho, state high courts are grappling with the use of history in constitutional interpretation.
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How Courts Oversee Ballot Initiatives
State courts — and to some degree federal courts — play a significant role in every stage of the direct democracy process.
Abortion Cases Take Originalism Debate to the States
In striking down an abortion ban in South Carolina and upholding one in Idaho, state high courts are grappling with the use of history in constitutional interpretation.