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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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Oklahoma Supreme Court Rejects Reparations for Tulsa Race Massacre
The decision is the latest — and perhaps final — blow to the massacre’s two remaining survivors in their decades-long quest for justice.
Kansas Supreme Court Declares Voting Is Not a Fundamental Right
The decision makes it more likely that laws restricting voting rights in Kansas will be upheld, though protections for voting remain.
How Closely Should State Courts Scrutinize Laws that Restrict Voting?
The level of judicial review can be the decisive factor in whether a law burdening the right to vote is upheld.
A Conversation with Chief Justice Loretta H. Rush of the Indiana Supreme Court
The chief justice talked about the Indiana’s lawyer shortage and the importance of judges getting out into their communities.
Ballot Initiatives that Protect Abortion Rights Depend on Fair State Courts
From interpreting language to determining legality, state courts play a large role in efforts to protect abortion through ballot initiatives.
Center For Reproductive Rights Litigation Director Discusses the High Stakes of Abortion Litigation
State Court Report spoke with counsel for the plaintiffs challenging Texas’s strict abortion ban — which the state supreme court just ruled was constitutional.
Wisconsin Supreme Court Debates Approaches to Constitutional Interpretation
A recent opinion reminds advocates to make independent state constitutional arguments.
Fourth Amendment Lags Behind State Search and Seizure Provisions
State courts have long provided more search and seizure protections than the U.S. Supreme Court — and they sometimes influence federal law.