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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
Using Appellate Decisions and Algorithms to Advance Judicial Transparency
A new report analyzes New York appellate decisions decreasing sentences in order to identify judges that frequently hand down unduly harsh punishments.
State Courts Can and Should Do More to Protect Voters
State constitutional clauses collectively elevate the status of voters as a group, giving state courts a strong reason to use a separation of powers analogy against efforts to curtail voting rights.
To Prepare for Emergency, States Must Resolve Constitutional Ambiguities
Thirty-five state constitutions contain provisions that allow lawmakers to take extraordinary action in emergencies, but the full extent of these powers hasn’t been tested.
Maine High Court Upholds Centuries-Old Sunday Hunting Ban
The court rejected claims that the ban conflicted with a 2021 constitutional amendment guaranteeing a right to food.
Montana Strikes Down Voting Restrictions
At issue was a series of state laws passed in 2021 that created new hurdles for voting, such as eliminating Election Day voter registration and a ban on paid absentee ballot collection.
State Supreme Court Oral Arguments to Watch for in April
Issues on the dockets include voting rights, abortion rights, and separation of powers.
A Conversation with Justice Anita Earls of the North Carolina Supreme Court
Earls spoke about bias, judicial decision-making in politicized environments, and how voters should assess judicial candidates.
Florida Supreme Court Allows Abortion Ban, but Final Decision Will Go to Voters
The decision means that a 6-week ban will go into effect next month, but a proposed amendment protecting abortion will be on the Florida ballot in November.