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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The Major Questions Doctrine in Texas
Where Abortion Litigation in Georgia Stands
The Writ of Mandamus in State Courts
The centuries-old remedy is increasingly used to force hotly contested political issues before state courts.
Knife Laws on the Chopping Block
Scholarship Roundup: That’s a Wrap on 2023
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
Virginia Supreme Court Announces Expansive Interpretation of Religious Liberties Protection
Judicial Ethics and Discipline in the States
Before the U.S. Supreme Court adopted of a code of conduct last month, it was the only court in the country without one.