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[05-01-02 10:02:37] PAGES PGT: OPIN
Cite as: 531 U. S. 98 (2000)
139
Ginsburg, J., dissenting
court.”). Notwithstanding our authority to decide issues of
state law underlying federal claims, we have used the certification device to afford state high courts an opportunity to
inform us on matters of their own State’s law because such
restraint “helps build a cooperative judicial federalism.”
Lehman Brothers, 416 U. S., at 391.
Just last Term, in Fiore v. White, 528 U. S. 23 (1999), we
took advantage of Pennsylvania’s certification procedure.
In that case, a state prisoner brought a federal habeas action
claiming that the State had failed to prove an essential element of his charged offense in violation of the Due Process
Clause. Id., at 25–26. Instead of resolving the state-law
question on which the federal claim depended, we certified
the question to the Pennsylvania Supreme Court for that
court to “help determine the proper state-law predicate for
our determination of the federal constitutional questions
raised.” Id., at 29; id., at 28 (asking the Pennsylvania Supreme Court whether its recent interpretation of the statute
under which Fiore was convicted “was always the statute’s
meaning, even at the time of Fiore’s trial”). The Chief
Justice’s willingness to reverse the Florida Supreme
Court’s interpretation of Florida law in this case is at least
in tension with our reluctance in Fiore even to interpret
Pennsylvania law before seeking instruction from the Pennsylvania Supreme Court. I would have thought the “cautious approach” we counsel when federal courts address
matters of state law, Arizonans, 520 U. S., at 77, and our
commitment to “build[ing] cooperative judicial federalism,”
Lehman Brothers, 416 U. S., at 391, demanded greater
restraint.
Rarely has this Court rejected outright an interpretation
of state law by a state high court. Fairfax’s Devisee v.
Hunter’s Lessee, 7 Cranch 603 (1813), NAACP v. Alabama
ex rel. Patterson, 357 U. S. 449 (1958), and Bouie v. City of
Columbia, 378 U. S. 347 (1964), cited by The Chief Justice,
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