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Will There Be a State Constitutional Response to the New Supreme Court’s Reshaping of Federal Constitutional Law? If So, How?

Wednesday, September 29, 2021 | 4:00 pm - 5:30 pm

The new 6-3 super majority on the Supreme Court will certainly reshape federal constitutional law in its own image. The question addressed in this program is how that reshaping of federal constitutional law will impact state constitutional law, particularly the interpretation of analogous provisions under state constitutions, such as article XIV, which provide a double protection of constitutional rights.  The program discusses areas in which the US Supreme Court is likely to make significant changes in federal constitutional law. It also attempts to explain how state supreme courts, including the SJC, and other state constitutional actors are likely to respond to the U.S. Supreme Court’s new direction, how their interpretation of analogous provisions  is likely to be different from in the past, and in what areas of state constitutional law they can provide more expansive protections under state constitutions without violating the federal constitution as interpreted by the new Supreme Court majority.  The program is also designed to enable trial court judges to better anticipate these changes to ensure the issues are fully developed and litigated.

Moderator:
Hon. Douglas H. Wilkins, Superior Court

Introduction: 
Robert Brink, Esq.

Principle Speaker: 
Hon. Scott L. Kafker, Supreme Judicial Court, President & Dean of the Flaschner Judicial Institute and author of the forthcoming article “State Constitutional Law Declares Its Independence: A Dynamic Reaction to the Reshaping of Federal Constitutional Law by a New Supreme Court”

Panelists:
Hon. Margot Botsford (Ret.), Supreme Judicial Court
Hon. Mark Coven (Ret.), District Court and author of “The Common Law as a Guide to State Constitutional Law,” 54 Suffolk U. L. Rev. 279 (2021)

Details

Date:
Wednesday, September 29, 2021
Time:
4:00 pm - 5:30 pm
Program Categories:
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