State constitutions are something of a pet issue for federal Sixth Circuit Chief Judge Jeffrey Sutton, one that he’s written two books about. He believes lawyers, judges and law schools all put too much emphasis on federal constitutional law, while ignoring the fact that state constitutions often enshrine more rights, account for regional idiosyncrasies, and are far easier to amend. And he says that local constitutions are growing even more relevant, as the U.S. Supreme Court keeps kicking issues — from abortion rights to redistricting — down to the states.
On this month’s episode of Approach The Bench, we ask Chief Judge Sutton about why lawyers ignore state constitutions at their own peril, how he became a Supreme Court feeder judge, and the difficulties of deciding high-stakes appeals on a tight deadline.
