Chicago v. International College of Surgeons, 522 U.S. 156, 29 (1997)

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184

CHICAGO v. INTERNATIONAL COLLEGE OF SURGEONS

Ginsburg, J., dissenting

Chicago's view and that of the Court. See supra, at 175. We would do well, however, to recall in this context a sage and grave warning: "The tendency to assume that a word which appears in two or more legal rules, and so in connection with more than one purpose, has and should have precisely the same scope in all of them, runs all through legal discussions. It has all the tenacity of original sin and must constantly be guarded against." Cook, "Substance" and "Procedure" in the Conflict of Laws, 42 Yale L. J. 333, 337 (1933).

Cases "arising under the Constitution, laws, or treaties of the United States" within the meaning of § 1331 compose a collection smaller than the one fitting within the similarly worded Clause in Article III of the Constitution, "Cases . . . arising under this Constitution, the Laws of the United States, and Treaties made." See, e. g., Louisville & Nashville R. Co. v. Mottley, 211 U. S. 149, 152 (1908); Shoshone Mining Co. v. Rutter, 177 U. S. 505, 513 (1900). Diversity of citizenship must be complete to proceed under § 1332, see Strawbridge v. Curtiss, 3 Cranch 267, 268 (1806), but it may be "minimal" in interpleader cases brought under § 1335, see State Farm Fire & Casualty Co. v. Tashire, 386 U. S. 523, 530-531 (1967).

Significantly, in assuming that § 1331 ordinarily would be available when a person complains about arbitrary federal administrative action, the Court in Sanders never fixed on the words of § 1331, and never even mentioned in relation to that provision the terms "civil action" or "original jurisdiction." The Court simply concluded from the legislative history that Congress meant to fill "an interstitial gap," 430 U. S., at 107, i. e., Congress meant to hold federal agencies accountable by making their actions subject to judicial review.

Statutes like the Illinois Administrative Review Law, Ill. Comp. Stat., ch. 735, §§ 5/3-103, 5/3-104 (Supp. 1997), explicitly provide for state-court judicial review of state and local agency decisions. Unlike the federal picture the Court con-

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