Cite as: 522 U. S. 156 (1997)
Ginsburg, J., dissenting
History and policy tug strongly here as well. There surely has been no "expression of congressional dissatisfaction" with the near-unanimous view of the Circuits that federal courts may not engage in cross-system appellate review, and "the elaboration of [state] administrative law" is a "prim[e] responsibilit[y] of the state judiciary." Idaho v. Coeur d'Alene Tribe of Idaho, 521 U. S., at 276.
This Court said in Finley v. United States, 490 U. S. 545, 547-548 (1989):
"It remains rudimentary law that '[a]s regards all courts of the United States inferior to this tribunal, two things are necessary to create jurisdiction, whether original or appellate. The Constitution must have given to the court the capacity to take it, and an act of Congress must have supplied it. . . . To the extent that such action is not taken, the power lies dormant.' " (quoting Mayor v. Cooper, 6 Wall. 247, 252 (1868)).
As I see it, no Act of Congress adverts to and authorizes any cross-system appeal from state or local administrative agency to lower federal court. I would await express legislative direction before proceeding down that road. Accordingly, I would affirm the Seventh Circuit's judgment.
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