Short Circuit 157 | State Constitutionalists Are the Veterinarians of Law

How do you put together a campaign of litigation under various state constitutions across the country? And how to you get state courts to take their own constitutions seriously? On this special Short Circuit we explored these questions through the history of marriage equality litigation in state courts before the issue went to the U.S. Supreme Court. Joining host Anthony Sanders were Professors Lee Carpenter and Ellie Margolis of Temple University’s Beasley School of Law who recently wrote an article on this subject. They recount the history of marriage equality litigation and more broadly examine what to think about when litigating under state constitutions. Whatever the issue is that you’re fighting for—including a few we fight for at the Institute for Justice, such as eminent domain abuse and economic liberty—this is a fun “how to” conversation for public interest lawyers of all kinds.

Transcript: https://ij.org/wp-content/uploads/2021/01/Short-Circuit-157-transcript.pdf

One Sequin at a Time: Lessons on State Constitutions and Incremental Change from the Campaign for Marriage Equality, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3693109

Lee Carpenter, https://www.law.temple.edu/contact/leonore-f-carpenter/

Ellie Margolis, https://www.law.temple.edu/contact/ellie-margolis/

Anthony Sanders, https://ij.org/staff/asanders/

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