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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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Who Can Challenge State Abortion Bans? It’s Not So Clear Cut.
Since the U.S. Supreme Court prevented abortion providers from challenging restrictions on abortions, several states have indicated they’ll adopt the same stance on standing.
The State Constitutional Rights to Bear Arms After Rahimi
The U.S. Supreme Court’s holding that the disarmament of a domestic abuser was not unconstitutional could incentivize gun-rights advocates to bring their claims in state court.
Why Are State Constitutional Challenges to Inhumane Prison Conditions So Rare?
Weak federal protections present an opportunity for state supreme courts to apply their states’ bans on cruel punishment to prison conditions.
South Carolina High Court Hears Challenge to Firing Squads and Electric Chair
States have increasingly turned to antiquated, painful methods of execution in response to shortages of lethal injection drugs.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
Can Wisconsin’s Governor Use a Line-Item Veto to Extend School Funding by 400 Years?
The state high court is set to address whether the governor’s deletion of words, numbers, and punctuation from a bill to change its meaning violates the state constitution.
Will Courts Continue to Favor State Control Over Home Rule?
Constitutional amendments giving cities greater authority over local policy have repeatedly met resistance by state courts over the last century.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.