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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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Battle Over Religion in Public Schools Continues
The Oklahoma Supreme Court ruled a Catholic institution could not be a public charter school, but the issue is far from resolved.
No State Actor, No Problem
Unlike the U.S. Constitution, state constitutions can impose obligations on private actors.
Choice of Law in an Era of Abortion Conflict
When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply?
Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
State Constitutions Have a Role to Play in the Housing Crisis
Voters in multiple states approved constitutional amendments last year to address housing affordability and access.