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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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Florida Supreme Court Allows Abortion Ban, but Final Decision Will Go to Voters
The decision means that a 6-week ban will go into effect next month, but a proposed amendment protecting abortion will be on the Florida ballot in November.
The Constitutional Right to Food
Maine’s protections could be used as a stealth vehicle to thwart gun restrictions.
In Maine, a 'Second Amendment for Food'?
A case challenging a Sunday hunting ban will help define the scope of a new constitutional amendment.
The Sorry State of Disclosure for State Supreme Court Justices
A new study reveals that disclosures by state supreme court justices are frequently hard to access and lack relevant financial information.
What Does Pennsylvania’s Amendment Barring Race Discrimination Actually Do?
Federal constraints leave a narrow — but important — role for a 2021 state constitutional amendment addressing racial equality.
Massachusetts’s High Court Upholds Novel Local Restriction on Tobacco Purchases
The ruling could provide a model for cities and towns to enact rules that differ from state law — in tobacco and alcohol purchasing, and even gun sales — without running afoul of preemption principles.
Minnesota Provides Stronger Search and Seizure Protections Than Fourth Amendment
A recent decision demonstrates the importance of state constitutions providing their own bases for remedies, not just protecting rights.
The Contentious History Behind New York City’s Right to Shelter
New York State’s high court has yet to define the scope of the right to shelter, which comes from a Depression-era amendment to the state constitution.