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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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Threats to State Constitutional Abortion Protections
Even where voters pass abortion rights amendments, lawmakers and judges can undermine rights.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.
State Court Oral Arguments to Watch for in October
Issues on the dockets include mail-in voting, line-item vetoes, and life-without-parole sentences.
The U.S. Supreme Court's Declining State Case Docket
So far, only 2 out of 28 cases on the high court’s docket arise from state courts, a surprisingly low number given the regularity with which state courts hear cases implicating federal rights.
A Michigan Prosecutor on the Importance of State Judicial Elections
State courts, including lower courts, decide issues critical to the communities they serve, but judicial races are too frequently overlooked.
Where Abortion Litigation in Georgia Stands
Last year the Georgia Supreme Court rejected one challenge to a six-week abortion ban, but additional state constitutional challenges continue to wind through the lower courts.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
‘History and Tradition’ in State Courts
Louisiana offers a potent argument that state courts need not march in lockstep with federal courts’ reliance on originalism.