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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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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.
Washington Supreme Court Hears Challenge to Ban on Large-Capacity Magazines
The court must navigate confusing U.S. Supreme Court precedent in evaluating the ban.
Texas Suit Against New York Doctor Ushers in New Era of Abortion Litigation
The Texas attorney general alleges a New York physician broke Texas law when she mailed abortion-inducing medication to a woman in Texas.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
Iowa High Court Adds to Confusion Over New Right-to-Bear-Arms Amendment
The court issued a divided decision upholding the state’s gun rights restoration process.
Territorial Courts, Constitutions, and Organic Acts, Explained
There are five inhabited U.S. territories, each with its own court system and governing documents.
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.