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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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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
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.
Case Trends: State Courts Grapple with Gun Rights
Multiple courts last year upheld state laws that restricted the right to bear arms. Courts also struggled to interpret related U.S. Supreme Court decisions.
A Conversation with Wisconsin Supreme Court Justice Rebecca Frank Dallet
Dallet discussed equal access to justice, challenges to the rule of law, and her commitment to getting the law right.
The Path Not Taken in Federal Takings Law
Debates from 19th century state conventions explain why some constitutions allow takings for “private use.”