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[05-01-02 10:02:37] PAGES PGT: OPIN
BUSH v. GORE
Rehnquist, C. J., concurring
State (Secretary), Fla. Stat. Ann. § 97.012(1) (Supp. 2001),
and to state circuit courts, §§ 102.168(1), 102.168(8). Isolated
sections of the code may well admit of more than one interpretation, but the general coherence of the legislative
scheme may not be altered by judicial interpretation so as
to wholly change the statutorily provided apportionment of
responsibility among these various bodies. In any election
but a Presidential election, the Florida Supreme Court can
give as little or as much deference to Florida’s executives as
it chooses, so far as Article II is concerned, and this Court
will have no cause to question the court’s actions. But, with
respect to a Presidential election, the court must be both
mindful of the legislature’s role under Article II in choosing
the manner of appointing electors and deferential to those
bodies expressly empowered by the legislature to carry out
its constitutional mandate.
In order to determine whether a state court has infringed
upon the legislature’s authority, we necessarily must examine the law of the State as it existed prior to the action of
the court. Though we generally defer to state courts on the
interpretation of state law—see, e. g., Mullaney v. Wilbur,
421 U. S. 684 (1975)—there are of course areas in which the
Constitution requires this Court to undertake an independent, if still deferential, analysis of state law.
For example, in NAACP v. Alabama ex rel. Patterson,
357 U. S. 449 (1958), it was argued that we were without
jurisdiction because the petitioner had not pursued the correct appellate remedy in Alabama’s state courts. Petitioner
had sought a state-law writ of certiorari in the Alabama Supreme Court when a writ of mandamus, according to that
court, was proper. We found this state-law ground inadequate to defeat our jurisdiction because we were “unable to
reconcile the procedural holding of the Alabama Supreme
Court” with prior Alabama precedent. Id., at 456. The
purported state-law ground was so novel, in our independent