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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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Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
"Liberty" is a Big Word, and That’s OK
A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence.
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
The Landmark Case That Extended Speech Rights on Private Property
In 1980, the New Jersey Supreme Court ruled that Princeton University could not exclude members of the public from distributing political materials on campus.
State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
The West Virginia Constitution: Mountaineers Are Always Free
An early West Virginia constitution emancipated enslaved people in 1863, more than a year before the U.S. Constitution.