A Plea Against State Court Activism

Source: Law & Liberty
by Trey Dimsdale

“The prevalence of the ‘lockstep doctrine’ in many states requires state judges to interpret state constitutions ‘in lockstep’ with the US Supreme Court’s interpretation of the US Constitution. This has the practical effect of making state courts adjuncts of federal courts and renders state constitutions irrelevant. State supreme courts are supposed to be the final judicial authority regarding state constitutions, but lockstep provisions put that judicial authority in constant peril along with the rights associated with state constitutional provisions.” (03/26/24)