ANALYSIS: State Constitutions Drive Recent Pivotal Rulings

Three recent cases in state supreme courts illustrate how state constitutions are driving case outcomes with major impact.

State constitutions frequently differ from their federal counterpart and can provide creative angles for litigation success. They tend to be rooted in a state’s unique history, and can protect rights not addressed under the federal constitution. State constitutions also may contain provisions that match the federal constitution but are interpreted differently by state courts.

Differences Between Federal, State Constitutions

The federal constitution is often the one in the limelight, but state constitutions can contain interesting differences. For example, 24 state constitutions protect ...