Non-binding out-of-state precedent still shapes state constitutional arguments across states.

Evidence

The precedents of other state supreme courts, however, are not binding, as each state supreme court is the authoritative interpreter of its own state constitution. Nevertheless, the positive orientation toward precedent in the United States has promoted interstate borrowing. This orientation toward precedent created an expectation that judges would consult and give weight to earlier rulings even when they were not strictly controlling. It also encouraged attorneys to rely on out-ofstate precedents to bolster their legal arguments. — G. Alan Tarr, Judicial Process and Judicial…, 3394

Categorization

• DEFINE: Clarifies that state supreme courts are the authoritative interpreters of their own state constitutions, so sister-state rulings persuade rather than bind.
• XREF: Connect to the course’s treatment of precedent and stare decisis in earlier chapters on judicial decision making. — connects to: Most cases stay within their initiating state or federal judicial system — G. Alan Tarr, Judicial Process and Judicial…, 218