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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.
Filters
Wyoming Supreme Court Strikes Down Laws Banning Abortion
The court ruled that laws criminalizing abortion violated the state’s “health care freedom” amendment, passed in 2012 to limit the reach of the Affordable Care Act.
Pennsylvania Rejects Federal “Administrative Warrants” and Restores Renters’ Privacy
A state appellate court’s decision underscores the continuing vitality of independent state constitutional law to reject federal doctrine — and to protect personal privacy.
LGBTQ Rights & State Constitutions
Transcript of panel from Symposium: The Power of State Constitutional Rights
Welcome
Transcript of panel from Symposium: The Power of State Constitutional Rights
State Court Oral Arguments to Watch for in January
Issues on the dockets include legislative responses to Missouri’s voter-approved reproductive rights amendment, Utah’s execution methods, and Idaho’s school-choice program.
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.