Image
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.
Filters
South Carolina High Court Hears Challenge to Firing Squads and Electric Chair
States have increasingly turned to antiquated, painful methods of execution in response to shortages of lethal injection drugs.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
Can Wisconsin’s Governor Use a Line-Item Veto to Extend School Funding by 400 Years?
The state high court is set to address whether the governor’s deletion of words, numbers, and punctuation from a bill to change its meaning violates the state constitution.
Will Courts Continue to Favor State Control Over Home Rule?
Constitutional amendments giving cities greater authority over local policy have repeatedly met resistance by state courts over the last century.
A Conversation with Justice Clint Bolick of the Arizona Supreme Court
The justice talked about the challenges facing state courts and what makes the state constitution unique.
Battle Over Religion in Public Schools Continues
The Oklahoma Supreme Court ruled a Catholic institution could not be a public charter school, but the issue is far from resolved.
Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect
The court’s stance on reproductive health has shifted dramatically since 2018, when it held that abortion was a fundamental right under the state constitution.
Judicial Deference to Agency Expertise in the States
Almost all state courts recognize the importance of agencies’ expertise in policymaking.