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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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State Courts Have Their Own Shadow Dockets
Expedited judicial rulings may not always be problematic in the state context.
New Mexico Supreme Court Hints at a Big Constitutional Change
A footnote in a recent opinion could signal a new method for analyzing state constitutional claims.
Administrative Deference in Colorado
The Colorado Supreme Court has declined to adopt the federal courts’ approach to deference.
Victims’ Rights Meet State Constitutions
The Maryland Supreme Court is considering appeals in the murder case of Adnan Syed, made famous by the “Serial” podcast.
Scholarship Roundup: Back to School Edition
Recent articles address access to justice, administrative law, the law of democracy, and state constitutional law.
Addressing Bias Among Judges
It’s time to reconceptualize judicial training on cognitive biases and cultural sensitivity.
Indiana Supreme Court Gives Natural Rights a Boost
The high court upheld the state’s abortion ban, but its ruling could be used to protect other liberties in the future.
State Judges Must Guard Their Independence
The legislative assault on state supreme courts is one of the greatest threats to our system of checks and balances.