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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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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.
The State Constitutional Rights to Bear Arms After Rahimi
The U.S. Supreme Court’s holding that the disarmament of a domestic abuser was not unconstitutional could incentivize gun-rights advocates to bring their claims in state court.
Why Are State Constitutional Challenges to Inhumane Prison Conditions So Rare?
Weak federal protections present an opportunity for state supreme courts to apply their states’ bans on cruel punishment to prison conditions.
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.
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.
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.