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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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Maryland Supreme Court Affirms Crime Victims’ Rights in Adnan Syed Murder Case
The 2000 conviction in the high-profile case was reinstated but Syed remains free pending a new hearing.
Idaho’s Constitution Promotes Freedom and Common Welfare
The state is still governed by its original constitution, drafted in 1889.
New State Hurdles to Standing Threaten Abortion Ban Challenges
Georgia’s Supreme Court sent a challenge to the state’s abortion ban back to the trial court to consider if the plaintiffs, including medical providers, had standing to bring the suit.
State Court Oral Arguments to Watch for in March
Issues on the dockets include controversial ballot counting rules, a minimum wage hike, and “dark money” contributions.
The Utah Constitution Is ‘Distinctively Undistinctive’
The original charter sought to limit the influence of the state’s distinct religious history.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.
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.
Battle Over Religion in Public Schools Continues
The Oklahoma Supreme Court ruled a Catholic institution could not be a public charter school, but the issue is far from resolved.