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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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The Massachusetts Constitution: the Oldest in the United States, and Often Ahead of its Time
A Massachusetts state court was the first to uphold the right to same-sex marriage on constitutional grounds.
The Wisconsin Governor's Creative Use of Line-Item Veto Extended School Funding by 400 Years
The governor deleted words, numbers, and punctuation from a bill to change its meaning.
Virginia Courts Are Revisiting How to Interpret the State Constitution
A recent case announcing greater state protection of religious liberties than under federal law marked a turning point in Virginia jurisprudence.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
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.
Choice of Law in an Era of Abortion Conflict
When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply?
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.