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Judicial Interpretation
In considering state constitutional questions, judges may apply an array of methodologies, including originalism and other uses of history, textualism, purposivism, comparativism (including studying other state courts), and common law or precedent.
State constitutions also raise unique interpretation questions. For example, one common issue is whether a state constitutional provision should be interpreted in “lockstep” with the federal constitution.
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Texas Two-Steps Away from Government Lawyer Accountability, Montana Does not Follow
The Texas high court cited separation-of-powers concerns when stripping a state disciplinary commission of the authority to pursue certain grievances against executive branch lawyers.
U.S. Supreme Court Asserts New Shadow Docket Powers Over State Courts
A stay granted in a New York redistricting case expands the Supreme Court’s emergency docket to encompass countless state court rulings.
State Courts Interpret the Meaning of Public Education
The Kentucky Supreme Court’s decision striking down the state’s charter school law comes amid a broader wave of cases examining how state constitutions define the boundaries of school choice.
Arrest of Black Pastor for Refusing to Show ID Reaches Alabama Supreme Court
A federal trial court asked the state high court to weigh in on whether police violated the law when they arrested a man who was watering his neighbors’ garden.
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.
Ohio Supreme Court Reaffirms Text-First Approach in Decision Confirming Marsy’s Law Includes Police Officers
The court held that police officers can be considered “victims” under laws that give crime victims special protections.
A Conversation with Rhode Island Supreme Court Justice Melissa Long
Justice Melissa Long was appointed to the Rhode Island Supreme Court in 2021, becoming the state’s first Black high court justice. She was previously an associate justice on the Rhode Island Superior Court. In her interview, Long discusses how state courts can engage with the public, shore up trust in democratic institutions, and search for innovative solutions.
The Next Wave of Legislative Assaults on State Courts
Utah’s rush to add seats to its supreme court signals a major escalation in legislative tactics to curb judicial independence.