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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Scholarship Roundup: Reimagining Constitutions for the People
Stare Decisis in the Spotlight
The Oldest State Court Makes a Case for Embracing Change
Applying Federal Constitutional Theories to State Constitutions
Getting Comparative Law Right in State Courts
The Supreme Court used flawed legal comparisons in overturning Roe v. Wade. Looking forward, state judges must take context into account when engaging with other countries’ abortion laws.
A Conversation with Washington Supreme Court Chief Justice Steven C. González
Abortion Cases Take Originalism Debate to the States
Get to Know Your State's 'Baby Ninth Amendment'