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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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Texas Supreme Court Rejects Call to Clarify Exception to Abortion Ban
Plaintiffs who suffered severe physical and emotional harm after being denied abortions claimed the medical exceptions to the ban are unclear and unconstitutional.
Legislative Efforts to Abolish Qualified Immunity Yield Mixed Results
Colorado and New Mexico have enacted laws to hold police and other officials accountable for state constitutional violations, while other states have broadened immunities.
New Findings Highlight Lack of Diversity on State Supreme Courts
More data and further scholarship is needed to devise policies for promoting a state bench that adequately represents the varied background of the public.
The Search and Seizure Law of State Constitutions
Massachusetts is on the front lines of a movement toward independent state constitutional rights.
States May Close the ‘Open Fields’ Exception to the Fourth Amendment
An appellate court in Tennessee became the latest to reject a significant exception to the federal protection against unreasonable search and seizure.
State Court Oral Arguments to Watch for in May
Issues on the dockets include voting restrictions, gun regulations, and free speech rights.
A Conversation with Former New York High Court Judge Albert Rosenblatt
Rosenblatt spoke about the importance of closing the access-to-justice gap and the friendships he developed with his fellow judges.
State Supreme Court ‘Shadow Dockets’: More Power with Less Transparency
State supreme courts are shaping the law and resolving some of the most consequential issues facing society in ways that are almost impossible for us to see.