Anthony Sanders
Anthony Sanders is the director of the Center for Judicial Engagement at the Institute for Justice and the author of the book Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters.
A project of the Brennan Center for Justice at NYU Law
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Contributions
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
What the Framers Really Thought About Life, Liberty, and the Pursuit of Happiness
Debates from state constitutional conventions show delegates expected protections for inalienable rights to have teeth.
Wisconsin Supreme Court Debates Approaches to Constitutional Interpretation
A recent opinion reminds advocates to make independent state constitutional arguments.
Minnesota Provides Stronger Search and Seizure Protections Than Fourth Amendment
A recent decision demonstrates the importance of state constitutions providing their own bases for remedies, not just protecting rights.
Virginia Supreme Court Announces Expansive Interpretation of Religious Liberties Protection
The justices rejected the federal First Amendment standard but differed about what the standard should be and how to discern the original meaning of the state constitutional provision.
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
State Courts Should Reject Federal Precedent When Interpreting State Contract Clauses
Only one state has interpreted its contract clause differently than the federal counterpart — representing a failure on the part of advocates and judges who believe in state constitutional independence.
Indiana Supreme Court Gives Natural Rights a Boost
The high court upheld the state’s abortion ban, but its ruling could be used to protect other liberties in the future.
Giving Meaning to Georgia’s ‘Social Status’ Clause
A recent case considered a unique and underappreciated state constitutional provision.
Get to Know Your State's 'Baby Ninth Amendment'
State constitutions offer protections for unenumerated rights, but courts rarely act on those provisions.