4. If the losing party in the state supreme court seeks review of the decision of that court in the United States Supreme Court, the United States Supreme Court should

The federal statute admitting a particular state to the Union granted the state certain public lands, and established some very ambiguous conditions on the subsequent disposition of these lands by the state. This federal statute also required the new state to write those exact same conditions into its state constitution. One hundred years later, a statute of the state dealing with the sale of these public lands was challenged in a state court lawsuit on the ground that it was inconsistent with the conditions contained in the federal statute, and with the provisions of the state constitution that exactly copy the conditions contained in the federal statute. The trial court decision in this case was appealed to the state supreme court. In its opinion, the state supreme court dealt at length with the ambiguous language of the federal statute and with cases interpreting identical language in federal statutes admitting other states to the union. The state supreme court opinion did not discuss the similar provisions of the state constitution, but it did hold that the challenged state statute is invalid because it is «inconsistent with the language of the federal statute and therefore is inconsistent with the identical provisions of our state constitution.»

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