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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 Major Questions Doctrine in Michigan
A Michigan appellate court declined to apply the major questions doctrine for now but left open the possibility of its future adoption.
Arizona Highlights Risk of “Zombie” Laws
The U.S. Supreme Court’s Dobbs ruling has breathed new life into long-unenforced abortion laws.
A Conversation with Former Texas Chief Justice Wallace B. Jefferson
Jefferson spoke about judicial independence, the under-funding of courts, and the need for greater access to counsel.
Will Voters Have the Final Say on Abortion Rights in Florida?
Lawmakers could undermine reproductive rights even if voters enshrine abortion protections into the state constitution.
Using Appellate Decisions and Algorithms to Advance Judicial Transparency
A new report analyzes New York appellate decisions decreasing sentences in order to identify judges that frequently hand down unduly harsh punishments.
State Courts Can and Should Do More to Protect Voters
State constitutional clauses collectively elevate the status of voters as a group, giving state courts a strong reason to use a separation of powers analogy against efforts to curtail voting rights.
To Prepare for Emergency, States Must Resolve Constitutional Ambiguities
Thirty-five state constitutions contain provisions that allow lawmakers to take extraordinary action in emergencies, but the full extent of these powers hasn’t been tested.
Maine High Court Upholds Centuries-Old Sunday Hunting Ban
The court rejected claims that the ban conflicted with a 2021 constitutional amendment guaranteeing a right to food.