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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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Territorial Courts, Constitutions, and Organic Acts, Explained
There are five inhabited U.S. territories, each with its own court system and governing documents.
Virginia’s Redistricting Effort and the Laborious Process to Amend its Constitution
The Virginia Supreme Court ruled that the legislature did not follow the proper process in its attempt to amend the state constitution to allow it to redraw the state’s congressional districts.
A Conversation with Professor Robert Williams About the Abortion Case He Lost Four Decades Ago
The Pennsylvania Supreme Court case, which was overturned in 2024, unanimously upheld the state’s ban on funding abortion through state Medicaid.
How Courts Evaluate Election Day Requests to Keep Polls Open Late
Various factors, including the harm to voters and the option for tailored and limited relief, play into whether judges will allow voting to continue past the scheduled closing time.
Fines, Fees, and Bail in State Courts
Recent state supreme court cases, including a major California ruling last week, address the burden of court-imposed financial obligations on criminal defendants.
Anti-Choice States Target Organizations Providing Information About Abortion
Attorneys general in Florida, Missouri, and South Dakota sued pro-choice organizations under state consumer deception and RICO laws.
Missouri High Court Decision Offers Lessons About Advancing Voting Rights
The court blocked restrictions on voter registration efforts as violating free speech rights.
Limiting the Damage of the Juvenile Sentencing Case I Lost
Half a decade after the U.S. Supreme Court signaled it wouldn’t extend protections for children facing life without parole, state constitutions offer hope.