STATE COURT PROTECTION OF INDIVIDUAL CONSTITUTIONAL RIGHTS 2018 FORUM FOR STATE APPELLATE COURT JUDGES STATE COURT PROTECTION OF INDIVIDUAL CONSTITUTIONAL RIGHTS 2018 FORUM FOR STATE APPELLATE COURT JUDGES When quoting or reprinting any part of this report, credit should be given to the Pound Civil Justice Institute. Permission to reprint a paper should be requested from: Pound Civil Justice Institute 777 Sixth Street, NW, Suite 200 Washington, D.C. 20001 www.poundinstitute.org
[email protected] The Forum endower, Habush Habush & Rottier S.C., and the Forum underwriters have no control over the content of the Forum, the makeup of faculty or attendees, the placement of information in Forum materials, or the editorial content of the 2018 Forum Report. Library of Congress Control Number: 2018968007 ISBN: 978-0-933067-28-8 ©2019 Pound Civil Justice Institute “The one-size-fits-all approach may make sense on the federal level, but there are other issues where it could be very different state-by-state, let alone within a state. I think we need to protect our sovereignty as state courts.” —A judge attending the 2018 Forum “Daubert was a federal case, right? And yet, almost every state in this room adopted it. I think this is illustrating what the state judiciary does not do, and that is we don’t stay true to ourselves sometimes. I think it’s important, based on the papers we’ve had at the Forum today, that we stay true to our own constitution.” —A judge attending the 2018 Forum “If the judiciary doesn’t do what the state constitution asks it to do, then somebody else will take that power.