Page:Alabama v. North Carolina, 560 U.S. (2010) slip opinion.pdf/18

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“[s]pecially suitable; fit; proper,” Webster’s Second 133—could depend upon many factors other than its mere in­dispensability to obtaining a license. It would not be appropriate, for example, to take a step whose cost greatly exceeded whatever benefits the license would confer, or if it was highly uncertain the license would ever issue.

In determining whether, in terminating its efforts to obtain a license, North Carolina failed to take what the parties considered “appropriate” steps, the parties’ course of performance under the Compact is highly significant. See, e.g., New Jersey v. New York, 523 U. S. 767, 830–831 (1998) (SCALIA, J., dissenting); Restatement (Second) of Contracts §§202(4), 203 (1979) (hereinafter Restatement). That firmly establishes that North Carolina was not ex­pected to go it alone—to proceed with the very expensive licensing process without any external financial assis­tance. The history of the Compact consists entirely of shared financial burdens. From the beginning, North Carolina made clear that it required financial assistance to do the extensive work required for obtaining a license. The Commission promptly declared it was “appropriate and necessary” to assist North Carolina with the costs. App. 63. It provided the vast majority of funding for li­censing-related activities—$80 million, compared to North Carolina’s $34 million. The Commission repeatedly noted the necessity (and propriety) of providing financial assis­tance to North Carolina, and reiterated its dedication to sharing the substantial financial burdens of the licensing phase. See, e.g., id., at 63, 71, 145. There is nothing to support the proposition that the other States had an obli­gation under the Compact to share the licensing costs through the Commission; but we doubt that they did so out of love for the Tarheel State. They did it, we think, because that was their understanding of how the Compact was supposed to work. One must take the Commission at its word, that it was “appropriate” to share the cost—