Judge Jeffrey S. Sutton of the U.S. Sixth Circuit Court of Appeals champions the cause of making greater use of state constitutions. Judge Sutton advances his position as a practical approach. "Lawyers are problem solvers, and when a state or local law stands in the way of a client's objective, it generally will matter little to the client whether the lawyer manages to strike the law on federal or state grounds." He has addressed state constitutional law in speeches, a law review article and a textbook he co-authored. "Many of the most groundbreaking constitutional disputes of the day are being waged in state courts under state constitutions. Whether it is school funding, property rights, the definition of marriage or other modern rights disputes, the state courts in recent years have gone from being civil rights followers to leaders."
April 4, 2012