Alice Clapman

This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.

Lawmakers asked voters to surrender some of their power to place issues directly on state ballots. Voters refused.

Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process. 

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.