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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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The Curious Case of Oklahoma Search and Seizure
Because Oklahoma has two constitutional masters, it simultaneously has two different doctrines of search and seizure.
Voters in California, Colorado, and Hawaii Signal Support for Marriage Equality
As federal same-sex marriage rights appear increasingly vulnerable, voters are removing discriminatory language from their state constitutions.
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
Is a Life Sentence for 'Felony Murder' Unconstitutional?
The Pennsylvania high court heard oral arguments about whether the sentence violated the state constitution the same week that Colorado’s supreme court rejected similar claims.
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.
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.