Cite as: 522 U. S. 156 (1997)
Ginsburg, J., dissenting
jurisdiction]," ante, at 173, but as to that, the Court simply reports: "[T]he District Court decided [judicial economy, convenience, fairness, and comity] would be best served by exercising jurisdiction over ICS' state law claims," ibid.5 The Court also mentions, abstractly, that "district courts may be obligated not to decide state law claims (or to stay their adjudication) where one of the abstention doctrines articulated by this Court applies." Ante, at 174.
Section 1367(c), which concerns supplemental jurisdiction, will have no utility in diversity cases where, if jurisdiction exists, it is generally not within the court's discretion to "decline." And lower courts have found our abstention pronouncements "less than pellucid." See R. Fallon, D. Melt-zer, & D. Shapiro, Hart and Wechsler's The Federal Courts and the Federal System 1247, 1251 (4th ed. 1996). Which of our "various abstention principles," ante, at 174, should the lower federal courts consult when asked to review as an appellate instance, and affirm, modify, or reverse, a local license or permit denial? To dispel confusion and advance comity, should the lower courts endeavor to fashion—and will we eventually declare—a "Chicago" abstention doctrine?
Given the state forum to which ICS resorted, and the questions it raised there, see App. 26-35, 76-77, ICS's primary contention is clear: The Commission should have granted, under state law, demolition permits or an economic hardship exception. I do not comprehend the Court's reasons for suggesting that the District Court may have acted
5 But cf. Pennhurst State School and Hospital v. Halderman, 465 U. S., at 122, n. 32 ("[A]llowing claims against state officials based on state law to be brought in the federal courts does not necessarily foster the policies of 'judicial economy, convenience and fairness to litigants,' Mine Workers v. Gibbs, 383 U. S. 715, 726 (1966), on which pendent jurisdiction is founded. For example, when a federal decision on state law is obtained, the federal court's construction often is uncertain and ephemeral. In cases of ongoing oversight of a state program . . . the federal intrusion is likely to be extensive. Duplication of effort, inconvenience, and uncertainty may well result.").
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