5 Legal Lessons from Susan Murray Co-Counsel of Baker v. State of Vermont – Lesson 3

LESSON # 3: DON’T FORGET YOUR STATE CONSTITUTION.

 

In law school you learn that if you’re challenging the constitutionality of a law and you get “heightened scrutiny,” you win — but if you only get “rational basis,” you lose. This may be true under the federal constitution, but the standard and analysis under your state constitution may be different – and might be more promising for your case. Even if your state constitutional provisions haven’t been fleshed out in prior cases, don’t shy away from pushing for an interpretation of the state constitution that is more nuanced than the the analysis under the federal Constitution.

 

You can learn more about Susan Murray’s legal practice here.