Skip Navigation
Hawaii Supreme Court
Education Images/Getty
Analysis

One Hawaii Justice Is Using State Constitutionalism to Challenge Federal Constitutional Orthodoxy 

Justice Todd Eddins has consistently reminded us that state courts need not agree with the U.S. Supreme Court’s reasoning or conclusions — and neither do we.

August 4, 2026
Hawaii Supreme Court
Education Images/Getty
August 4, 2026

The Hawaii Supreme Court last month opened a path for criminal defendants to challenge convictions based on discredited evidence, while sharply criticizing the U.S. Supreme Court’s recent constitutional jurisprudence.

Writing for a three-justice majority, Justice Todd Eddins stressed that the court would “interpret the Hawaii Constitution on its own terms” rather than follow what he described as the U.S. Supreme Court’s “results-driven” approach. “This court” he wrote, “does not anchor Hawaii’s due process rights to the federal floor. Especially one that keeps sinking.”

Eddins’ rebuke reflects a broader effort to remind the public that state courts can chart their own course and play a critical role in American democracy.

Read the full article at State Court Report >>