Image
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.
Filters
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.
Utah Supreme Court to Hear Gerrymandering Challenge
State courts in Utah are the latest to consider whether partisan gerrymandering gives rise to an actionable claim under state law.
When Do State Courts Depart from Federal Precedents?
State courts have varying and sometimes unclear rules for interpreting their constitutions independently.
How Do State Constitutions Evolve?
The Washington Supreme Court’s changing interpretation of its state “Privileges or Immunities” Clause shows how state courts can diverge from federal precedent over time.
Iowa Supreme Court Reverses Itself on Lawsuits for Constitutional Rights Violations
Overturning a recent precedent, the court ruled that Iowans have no right to sue for money damages when government officials violate their rights.
Gender Equality Under State Constitutions
A new Center for Reproductive Rights resource details sex discrimination claims under state constitutions.
Giving Meaning to Georgia’s ‘Social Status’ Clause
A recent case considered a unique and underappreciated state constitutional provision.