531US1
Unit: $$U9
[05-01-02 10:02:37] PAGES PGT: OPIN
Cite as: 531 U. S. 98 (2000)
137
Ginsburg, J., dissenting
should make him more competent, or conscientious, or
learned with respect to [federal law] than his neighbor in the
state courthouse.’ ” Stone v. Powell, 428 U. S. 465, 494, n. 35
(1976) (quoting Bator, Finality in Criminal Law and Federal
Habeas Corpus for State Prisoners, 76 Harv. L. Rev. 441, 509
(1963)); see O’Dell v. Netherland, 521 U. S. 151, 156 (1997)
(“[T]he Teague doctrine validates reasonable, good-faith interpretations of existing precedents made by state courts
even though they are shown to be contrary to later decisions.”) (citing Butler v. McKellar, 494 U. S. 407, 414 (1990));
O’Connor, Trends in the Relationship Between the Federal
and State Courts from the Perspective of a State Court
Judge, 22 Wm. & Mary L. Rev. 801, 813 (1981) (“There is no
reason to assume that state court judges cannot and will not
provide a ‘hospitable forum’ in litigating federal constitutional questions.”).
No doubt there are cases in which the proper application
of federal law may hinge on interpretations of state law.
Unavoidably, this Court must sometimes examine state law
in order to protect federal rights. But we have dealt with
such cases ever mindful of the full measure of respect we
owe to interpretations of state law by a State’s highest court.
In the Contract Clause case, General Motors Corp. v.
Romein, 503 U. S. 181 (1992), for example, we said that although “ultimately we are bound to decide for ourselves
whether a contract was made,” the Court “accord[s] respectful consideration and great weight to the views of the State’s
highest court.” Id., at 187 (citing Indiana ex rel. Anderson
v. Brand, 303 U. S. 95, 100 (1938)). And in Central Union
Telephone Co. v. Edwardsville, 269 U. S. 190 (1925), we upheld the Illinois Supreme Court’s interpretation of a state
waiver rule, even though that interpretation resulted in
the forfeiture of federal constitutional rights. Refusing to
supplant Illinois law with a federal definition of waiver,
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