Cite as: 521 U. S. 567 (1997)
Opinion of the Court
Ibid. When it does take the opportunity, the discretion of the federal court is limited except to the extent that the plan itself runs afoul of federal law.
In this case, the State has selected its opportunity by entering into the settlement agreement, which for reasons set out below in Part II-B it had every right to do. And it has availed itself of that opportunity by proposing a plan as embodied in the settlement agreement. There can be no question on the present record that proponents of the plan included counsel authorized to represent the State itself, and there is no reason to suppose that the State's attorney general lacked authority to propose a plan as an incident of his authority to represent the State in this litigation.4 The evidence, indeed, was entirely in his favor. The participation of counsel for each legislative chamber confirmed both the continuing refusal of the legislature to address the issue in
4 The dissent argues that Article III, § 16, of the Florida Constitution provides the exclusive means by which redistricting can take place. See post, at 585-586, and n. 2. But this article in terms provides only that the state legislature is bound to redistrict within a certain time after each decennial census, for which it may be required to convene. See Fla. Const., Art. III, § 16(a). The dissent says that the state legislature is "implicitly authorized to reapportion" after an existing plan is held unconstitutional and, further, that the Supreme Court of Florida has "by implication" the authority to redraw districts in the event a federal court invalidates a redistricting plan on constitutional grounds. See post, at 585-586, n. 2. We disagree on this question of state law only insofar as the dissent views this implicit authority to limit the broad discretion possessed by the attorney general of Florida in representing the State in litigation. See, e. g., Ervin v. Collins, 85 So. 2d 852, 854 (Fla. 1956) (noting that, under Florida law, "the Attorney General as the chief law officer of the state and absent express legislative restriction to the contrary, may exercise his power and authority in the premises [the power to litigate] as the public interest may require"); see also State ex rel. Shevin v. Yarborough, 257 So. 2d 891, 894-896 (Fla. 1972) (Ervin, J., specially concurring). Absent a state-court determination to the contrary, we do not see Article III, § 16, as placing the attorney general's settling authority in doubt, over against his representation to the contrary.
577
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