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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 Court Oral Arguments to Watch for in March
Issues on the dockets include controversial ballot counting rules, a minimum wage hike, and “dark money” contributions.
The Utah Constitution Is ‘Distinctively Undistinctive’
The original charter sought to limit the influence of the state’s distinct religious history.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.
Where Abortion Litigation in Georgia Stands
Last year the Georgia Supreme Court rejected one challenge to a six-week abortion ban, but additional state constitutional challenges continue to wind through the lower courts.
No State Actor, No Problem
Unlike the U.S. Constitution, state constitutions can impose obligations on private actors.
Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.