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The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely. 

The courts of five inhabited U.S. territories regularly confront constitutional questions in ways that are uniquely territorial while deeply connected to broader American constitutional debates.

The legislation would allow the public to vote on a state constitutional amendment removing limits on the number of judges serving each district. Such a change would alleviate delays and increase access to justice.

Sarah Everhart is an assistant professor of law and director of the Environmental and Natural Resources Law Clinic at Widener University Delaware Law School.

Ironically, Delaware is last in allowing its citizens forms of direct democracy. 

The Pennsylvania Supreme Court case, which was overturned in 2024, unanimously upheld the state’s ban on funding abortion through state Medicaid.