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The Oldest State Court Makes a Case for Embracing Change
Massachusetts’s high court rejected the U.S. Supreme Court’s narrow approach to determining fundamental rights in favor of a comprehensive analysis that considers evolving equality norms.
Using State Constitutional Protections to Improve Life Behind Bars
Rulings in Oregon and Utah offer a road map for other state courts.
Applying Federal Constitutional Theories to State Constitutions
Judges should reject calls to embrace a single method of constitutional interpretation.
Getting Comparative Law Right in State Courts
The Supreme Court used flawed legal comparisons in overturning Roe v. Wade. Looking forward, state judges must take context into account when engaging with other countries’ abortion laws.
School Funding Case Shows Challenges of Upholding Certain Rights in Court
An ideological shift on the North Carolina Supreme Court could upend a landmark decision in a long-running battle for adequate public education spending under the state’s constitution.
Risks Ahead in SCOTUS 'Independent State Legislature Theory' Case
Dangers remain as the justices explore a different path for deciding Moore v. Harper.
A Conversation with Washington Supreme Court Chief Justice Steven C. González
Washington State’s chief justice discusses balls and strikes, diversity on the bench, and the role of state courts in protecting rights.
Voter ID Law Struck Down by North Carolina Supreme Court
A closely divided court held that the law was racially discriminatory, but the ruling’s impact may not survive under the court’s new conservative majority.
Abortion Cases Take Originalism Debate to the States
In striking down an abortion ban in South Carolina and upholding one in Idaho, state high courts are grappling with the use of history in constitutional interpretation.
What Happens When State and Local Laws Conflict
Cases involving abortion, gun control, and public health pivoted on state preemption standards.
