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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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States Can Protect Unhoused People When the U.S. Supreme Court Won’t
The U.S. high court’s ruling allowing anti-camping laws underscores the importance and potential of state constitutional protections.
What’s at Stake in the 2024 Ohio Supreme Court Elections
The outcome of the races for three seats on the high court could impact Ohio law on abortion, voting rights, gun regulations, and more.
Former Ohio Chief Justice on Democracy, Gerrymandering, and Ukraine
In an interview, retired Ohio Chief Justice Maureen O’Connor spoke about her push for citizen-led redistricting in Ohio and recent trips to Ukraine advising on fair courts.
Pennsylvania Faces a Moment of Truth for Life Without Parole
The Pennsylvania Supreme Court is considering whether requiring life in prison without the possibility of parole for so-called felony murder is unconstitutional.
How Years of Legislative Maneuvering Shaped this Year’s Judicial Elections
The outcomes in races in Ohio and North Carolina will be determined in part by legislatures that altered election rules to benefit their allies.
Threats to State Constitutional Abortion Protections
Even where voters pass abortion rights amendments, lawmakers and judges can undermine rights.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.
State Court Oral Arguments to Watch for in October
Issues on the dockets include mail-in voting, line-item vetoes, and life-without-parole sentences.