What does it mean to certify a question of law in the context of federalism?
“Certification” refers to a process whereby a court in one jurisdiction refers a question of law on a particular issue to a court in another jurisdiction that is in a better or more appropriate position to provide interpretation or instruction. In the context of federalism, the certification process is one in which federal courts obtain rulings on unclear or novel points of state law. The U.S. Supreme Court decision in Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938), requires federal courts to apply state substantive law in civil actions where no federal law applies but to follow federal law for procedural matters in such cases. Many states now have statutes, rules, or court orders permitting the certification of state law issues by federal courts to the state court of last resort, and studies have found that these procedures are immensely helpful to state and federal judges. See James G. Apple, Paula L. Hannaford, and G. Thomas Munsterman, Manual for Cooperation Between State and Federa
