Carolyn Shapiro Reflects on the Purview of State Courts After Moore v. Harper

Carolyn Shapiro (’97), associate dean for Academic Administration and Strategic Initiatives and co-director of the Law Institute on the Supreme Court of the United States at the Chicago-Kent College of Law, contributed a guest post to the “Election Law Blog” reacting to Derek Muller and Ned Foley’s position on the Supreme Court’s ruling in Moore v. Harper (“Moore v. Harper and State Courts,” June 29). “In my view, state courts should be as meticulous and explicit as possible about how whatever they are doing is consistent with their state’s precedent, practice, statutes, and constitution. ... In a state where the legislature itself has instructed the courts to engage in purposive statutory interpretation, for example, or where longstanding precedent has established that approach, the state court should spell all of that out.