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[05-01-02 10:02:37] PAGES PGT: OPIN
BUSH v. GORE
Ginsburg, J., dissenting
properly be called judging. My colleagues have offered a
reasonable construction of Florida’s law. Their construction
coincides with the view of one of Florida’s seven Supreme
Court justices. Gore v. Harris, 772 So. 2d 1243, 1264–1270
(Fla. 2000) (Wells, C. J., dissenting); Palm Beach County
Canvassing Bd. v. Harris, 772 So. 2d 1273, 1291–1292 (Fla.
2000) (on remand) (confirming, 6 to 1, the construction of
Florida law advanced in Gore). I might join The Chief
Justice were it my commission to interpret Florida law.
But disagreement with the Florida court’s interpretation of
its own State’s law does not warrant the conclusion that the
justices of that court have legislated. There is no cause here
to believe that the members of Florida’s high court have
done less than “their mortal best to discharge their oath
of office,” Sumner v. Mata, 449 U. S. 539, 549 (1981), and
no cause to upset their reasoned interpretation of Florida
law.
This Court more than occasionally affirms statutory, and
even constitutional, interpretations with which it disagrees.
For example, when reviewing challenges to administrative
agencies’ interpretations of laws they implement, we defer
to the agencies unless their interpretation violates “the
unambiguously expressed intent of Congress.” Chevron
U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467
U. S. 837, 843 (1984). We do so in the face of the declaration
in Article I of the United States Constitution that “All legislative Powers herein granted shall be vested in a Congress
of the United States.” Surely the Constitution does not call
upon us to pay more respect to a federal administrative
agency’s construction of federal law than to a state high
court’s interpretation of its own State’s law. And not uncommonly, we let stand state-court interpretations of federal
law with which we might disagree. Notably, in the habeas
context, the Court adheres to the view that “there is ‘no
intrinsic reason why the fact that a man is a federal judge
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