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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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SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
Oklahoma Supreme Court Rejects Reparations for Tulsa Race Massacre
The decision is the latest — and perhaps final — blow to the massacre’s two remaining survivors in their decades-long quest for justice.
Kansas Supreme Court Declares Voting Is Not a Fundamental Right
The decision makes it more likely that laws restricting voting rights in Kansas will be upheld, though protections for voting remain.
How Closely Should State Courts Scrutinize Laws that Restrict Voting?
The level of judicial review can be the decisive factor in whether a law burdening the right to vote is upheld.
A Conversation with Chief Justice Loretta H. Rush of the Indiana Supreme Court
The chief justice talked about the Indiana’s lawyer shortage and the importance of judges getting out into their communities.
Ballot Initiatives that Protect Abortion Rights Depend on Fair State Courts
From interpreting language to determining legality, state courts play a large role in efforts to protect abortion through ballot initiatives.