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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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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.
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.