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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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2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
State Courts Can Provide Much-Needed Protection From Voter Deception
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
SCOTUS’s Declining State Criminal Appeals
The disappearance of state criminal appeals from the high court’s docket is profoundly problematic for the rights of criminal defendants and civil rights plaintiffs.
We Need to Know More About State Supreme Court Cases
State high courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket.
The Curious Case of Oklahoma Search and Seizure
Because Oklahoma has two constitutional masters, it simultaneously has two different doctrines of search and seizure.
Voters in California, Colorado, and Hawaii Signal Support for Marriage Equality
As federal same-sex marriage rights appear increasingly vulnerable, voters are removing discriminatory language from their state constitutions.
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
Is a Life Sentence for 'Felony Murder' Unconstitutional?
The Pennsylvania high court heard oral arguments about whether the sentence violated the state constitution the same week that Colorado’s supreme court rejected similar claims.