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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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How State Courts Pushed Back on an Infamous U.S. Supreme Court Case
Dred Scott, widely considered a stain on the U.S. Supreme Court’s history, denied citizenship to Black Americans in 1857. Many state supreme courts refused to follow it.
Michigan Supreme Court Justice Richard Bernstein Discusses Disability Rights
Bernstein, the court’s first blind justice, travels the world promoting access and equality for disabled people.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
Choice of Law in an Era of Abortion Conflict
When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply?
Texas Suit Against New York Doctor Ushers in New Era of Abortion Litigation
The Texas attorney general alleges a New York physician broke Texas law when she mailed abortion-inducing medication to a woman in Texas.
The Alabama Constitution: Despite a Century of Updates, Traces of its Racist Past Linger
The constitution’s extensive amendments and inclusion of local government rules make Alabama’s constitution the country’s longest
As Executions Rise, A Conversation with an Attorney Whose Clients Are Facing the Death Penalty
John Mills, whose client on Oklahoma’s death row was granted a new trial by the U.S. Supreme Court this term, discusses his anti-death-penalty advocacy.
How Courts and Litigators Can Help Redefine “Cruel” and “Unusual” Punishments
A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.