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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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Advice for Law Students From State Supreme Court Justices
As the school year kicks off, eight justices reflect on what they wish someone had told them when they were in law school.
State Accountability for Abuse in Foster Care
Children who suffer sexual, physical, and other abuses while in the state’s custody face significant hurdles when they seek justice.
A Conversation with Former Florida Chief Justice Barbara Pariente
Pariente spoke about abortion rights and the importance of respecting precedent.
Knife Laws on the Chopping Block
Massachusetts’s highest court confronts the nuances of federalism in a Second Amendment challenge to the state’s switchblade ban.
A Primer on Standing in State Courts
The Minnesota Supreme Court recently clarified the limits of “taxpayer standing” in a case challenging the restoration of voting rights to 60,000 people with felony convictions.
An Eventful Summer for State Constitutional Abortion Rights Litigation
State supreme courts addressed abortion rights head on, even as the U.S. Supreme Court punted on similar questions.
What the Framers Really Thought About Life, Liberty, and the Pursuit of Happiness
Debates from state constitutional conventions show delegates expected protections for inalienable rights to have teeth.
Who Can Challenge State Abortion Bans? It’s Not So Clear Cut.
Since the U.S. Supreme Court prevented abortion providers from challenging restrictions on abortions, several states have indicated they’ll adopt the same stance on standing.