Cite as: 514 U. S. 1 (1995)
Ginsburg, J., dissenting
jurisdiction' unless 'the contrary appears affirmatively from the record.' " Delaware v. Van Arsdall, 475 U. S. 673, 692 (1986) (Stevens, J., dissenting) (quoting King Bridge Co. v. Otoe County, 120 U. S. 225, 226 (1887)). And it is out of sync with the principle that this Court will avoid constitutional questions when an alternative basis of decision fairly presents itself. Ashwander v. TVA, 297 U. S. 288, 346-347 (1936) (Brandeis, J., concurring). Most critically, as this case shows, the Long presumption interferes prematurely with state-court endeavors to explore different solutions to new problems facing modern society.
I recognize that "[s]ince Long, we repeatedly have followed [its] 'plain statement' requirement," Harris v. Reed, 489 U. S. 255, 261, n. 7 (1989), and that precedent ought not be overruled absent strong cause. But the Long ruling itself did
"a virtual about-face regarding the guidelines for determining the reviewability of state court decisions in situations where the state court opinion is not absolutely clear about the bases on which it rests. The traditional presumption was that the Court lacked jurisdiction unless its authority to review was clear on the face of the state court opinion. When faced with uncertainty, the Court in the past occasionally remanded such cases to the state court for clarification. But more commonly, the Court would deny jurisdiction where there was uncertainty." G. Gunther, Constitutional Law 56 (12th ed. 1991).
Restoring a main rule "deny[ing] jurisdiction where there [is] uncertainty," ibid., would stop this Court from asserting authority in matters belonging, or at least appropriately left, to the States' domain. Cf. Erie R. Co. v. Tompkins, 304 U. S. 64, 77-80 (1938). Recognizing that "adequate state grounds are independent unless it clearly appears other-
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