The Washington Supreme Court's changing interpretation of its state "Privileges or Immunities" Clause shows how state courts can diverge from federal precedent over time.
Massachusetts’s high court rejected the U.S. Supreme Court’s narrow approach to determining fundamental rights in favor of a comprehensive analysis that considers evolving equality norms.
The Supreme Court used flawed legal comparisons in overturning Roe v. Wade. Looking forward, state judges must take context into account when engaging with other countries’ abortion laws.
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In Maine, a 'Second Amendment for Food'?
A case challenging a Sunday hunting ban will help define the scope of a new constitutional amendment.
How Do State Constitutions Evolve?
The Washington Supreme Court's changing interpretation of its state "Privileges or Immunities" Clause shows how state courts can diverge from federal precedent over time.
The Greening of State Constitutions
Courts play an increasingly important role in enforcing states’ environmental rights amendments.
Hawaii Supreme Court Takes on the Climate Crisis
The court decision gives teeth to the state constitution’s promise of a “clean and healthful environment.”
The Oldest State Court Makes a Case for Embracing Change
Massachusetts’s high court rejected the U.S. Supreme Court’s narrow approach to determining fundamental rights in favor of a comprehensive analysis that considers evolving equality norms.
Getting Comparative Law Right in State Courts
The Supreme Court used flawed legal comparisons in overturning Roe v. Wade. Looking forward, state judges must take context into account when engaging with other countries’ abortion laws.