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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 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.
Welcome to State Court Report
The new commentary, news, and resource hub covers state constitutional developments nationwide.
State Constitutional Law After Dobbs and Bruen
Supreme Court rulings can expand or contract the space for state constitutional law.
Abortion and Original Jurisdiction
State supreme courts’ authority to bypass lower courts makes them key players in the fight over reproductive rights.
Modernizing State Constitutions Helps Judges Do Their Jobs
A recent Montana state court decision reveals the interpretative clarity afforded by state constitutions that undergo regular and transparent revision.
Protecting Against Extreme Punishments
The Supreme Court’s Eighth Amendment jurisprudence has come to obscure what started as robust state constitutional protections.
The Neglected State Constitutional Protections Against Extreme Punishments
Two new law review articles explore the origins of antipunishment clauses in Pennsylvania and North Carolina.
Challenging Anti-Trans Legislation Under State Constitutions
Though advocates have found early success in federal courts, they may find even more effective ways to protect LGBTQ+ rights through state courts.