Dissent, First Amendment

Edenfield v. Fane

JUSTICE O’CONNOR, dissenting.

I continue to believe that this Court took a wrong turn with Bates v. State Bar of Arizona, 433 U. S. 350 (1977), and that it has compounded this error by finding increasingly unprofessional forms of attorney advertising to be protected speech. See Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio, 471 U. S. 626 (1985); Shapero v. Kentucky Bar Assn., 486 U. S. 466 (1988); Peel v. Attorney Registration and Disciplinary Comm’n of Ill., 496 U. S. 91 (1990) (plurality opinion). These cases consistently focus on whether the challenged advertisement directly harms the listener: whether it is false or misleading, or amounts to “overreaching, invasion of privacy, [or] the exercise of undue influence,” Shapero, supra, at 475. This focus is too narrow. In my view, the States have the broader authority to prohibit commercial speech that, albeit not directly harmful to the listener, is inconsistent with the speaker’s membership in a learned profession and therefore damaging to the profession and society at large. See Zauderer, supra, at 676-677 (O’CONNOR, J., concurring in part, concurring in judgment in part, and dissenting in part); Shapero, supra, at 488-491 (O’CONNOR, J., dissenting); Peel, supra, at 119 (O’CONNOR, J., dissenting). In particular, the States may prohibit certain “forms of competition usual in the business world,” Goldfarb v. Virginia State Bar, 421 U. S. 773, 792 (1975) (internal quotation marks omitted), on the grounds

Antonin Scalia, Civil Rights, Concurrence

Edelman v. Lynchburg College

JUSTICE O’CONNOR, with whom JUSTICE SCALIA joins, concurring in the judgment.

The Court today holds that there is no need in this case to defer to the Equal Employment Opportunity Commission’s regulation because the agency’s position is the one it “would adopt even if there were no formal rule and [the Court] were interpreting the statute from scratch.” Ante, at 114. I do not agree that the EEOC has adopted the most natural interpretation of Title VII’s provisions regarding the filing with the EEOC of charges of discrimination. See 42 U. S. C. § 2000e-5 (1994 ed.). But, because the statute is at least somewhat ambiguous, I would defer to the agency’s interpretation. See Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 843-844 (1984); EEOC v. Commercial Office Products Co., 486 U. S. 107, 125 (1988) (O’CONNOR, J., concurring in part and concurring in judgment) (“[D]eference [to the EEOC] is particularly appropriate on this type of technical issue of agency procedure”). I think the regulation, 29 CFR § 1601.12(b) (1997), should be sustained on this alternative basis.

Title VII requires “charges” of discrimination to “be in writing under oath or affirmation.” 42 U. S. C. § 2000e-5(b). It also requires “charge[s]” to “be filed within one hundred and eighty [or in some circumstances three hundred] days after the alleged unlawful employment practice occurred.” § 2000e-5(e)(1). The most natural reading of these provisions is that the first is intended

Concurrence, Criminal Procedure

Eddings v. Oklahoma

JUSTICE O’CONNOR, concurring.

I write separately to address more fully the reasons why this case must be remanded in light of Lockett v. Ohio, 438 U. S. 586 (1978), which requires the trial court to consider and weigh all of the mitigating evidence concerning the petitioner’s family background and personal history. *

Because sentences of death are “qualitatively different” from prison sentences, Woodson v. North Carolina, 428 U. S. 280, 428 U. S. 305 (1976) (opinion of Stewart, POWELL, and STEVENS, JJ.), this Court has gone to extraordinary measures to ensure that the prisoner sentenced to be executed is afforded process that will guarantee, as much as is humanly possible, that the sentence was not imposed out of whim, passion, prejudice, or mistake. Surely, no less can be required when the defendant is a minor. One example of the measures taken is in Lockett v. Ohio, supra, where a plurality of this Court wrote:

There is no perfect procedure for deciding in which cases governmental authority should be used to impose death. But a statute that prevents the sentencer in all capital cases from giving independent mitigating weight to aspects of the defendant’s character and record and to circumstances of the offense proffered in mitigation creates the risk that the death penalty will be imposed in spite of factors which may call for a less severe penalty. When the choice is between life and death, that risk is unacceptable and incompatible with the commands of the Eighth and Fourteenth

Antonin Scalia, Concurrence, Criminal Procedure

Duckworth v. Eagan

JUSTICE O’CONNOR, with whom JUSTICE SCALIA joins, concurring.

I concur in THE CHIEF JUSTICE’s opinion for the Court. I write separately to address an alternative ground for decision in this case which was raised, but not relied upon, by the District Court. In my view, the rationale of our decision in Stone v. Powell, 428 U. S. 465 (1976), dictates that the suppression remedy be unavailable to respondent on federal habeas.

Over seven years ago, respondent stabbed a woman nine times after she refused to have sexual relations with him. Claiming that he had innocently discovered the body, respondent led Chicago police to the woman, who, upon seeing respondent, immediately identified him as her assailant. Respondent was twice informed of his rights and questioned by detectives. The first time, he gave an exculpatory statement indicating that he had been attacked by the same persons who had assaulted the victim. In the second interview, respondent confessed to the stabbing. He then led police to the knife he had used and to several items of his clothing which were found near the scene of the assault. Respondent sought suppression of both his statements and the knife and clothing on the ground that the warnings he was given were inadequate under Miranda v. Arizona, 384 U. S. 436 (1966). After an evidentiary hearing, the trial court denied the motion to suppress. The evidence was admitted at trial, and respondent was convicted of attempted murder and sentenced to 35 years’ imprisonment.

Antonin Scalia, Clarence Thomas, Criminal Procedure, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Dretke v. Haley

Justice O’Connor delivered the opinion of the Court.
Out of respect for finality, comity, and the orderly administration of justice, a federal court will not entertain a procedurally defaulted constitutional claim in a petition for habeas corpus absent a showing of cause and prejudice to excuse the default. We have recognized a narrow exception to the general rule when the habeas applicant can demonstrate that the alleged constitutional error has resulted in the conviction of one who is actually innocent of the underlying offense or, in the capital sentencing context, of the aggravating circumstances rendering the inmate eligible for the death penalty. Murray v. Carrier, 477 U. S. 478 (1986); Sawyer v. Whitley, 505 U. S. 333 (1992). The question before us is whether this exception applies where an applicant asserts “actual innocence” of a noncapital sentence. Because the District Court failed first to consider alternative grounds for relief urged by respondent, grounds that might obviate any need to reach the actual innocence question, we vacate the judgment and remand.
I
In 1997, respondent Michael Wayne Haley was arrested after stealing a calculator from a local Wal-Mart and attempting to exchange it for other merchandise. Respondent was charged with, and found guilty at trial of, theft of property valued at less than $1,500, which, because respondent already had two prior theft convictions, was a “state jail felony” punishable by a maximum of two years in prison. App. 8; Tex. Penal Code Ann. §31.03(e)(4)(D) (Supp. 2004). The State also charged respondent as a habitual felony offender. The indictment alleged that respondent had two prior felony convictions and that the first—a 1991 conviction for delivery of amphetamine— “became final prior to the commission” of the second—a 1992 robbery. App. 9. The timing of the first conviction and the second offense is significant: Under Texas’ habitual offender statute, only a defendant convicted of a felony who “has previously been finally convicted of two felonies, and the second previous felony conviction is for an offense that occurred subsequent to the first previous conviction having become final, … shall be punished for a second-degree felony.” §12.42(a)(2) (emphasis added). A second degree felony carries a minimum sentence of 2 and a maximum sentence of 20 years in prison. §12.33(a).
Texas provides for bifurcated trials in habitual offender cases. Tex. Code Crim. Proc. Ann., Art. 37.07, §3 (Vernon Supp. 2004). If a defendant is found guilty of the substantive offense, the State, at a separate penalty hearing, must prove the habitual offender allegations beyond a reasonable doubt. Ibid. During the penalty phase of respondent’s trial, the State introduced records showing that respondent had been convicted of delivery of amphetamine on October 18, 1991, and attempted robbery on September 9, 1992. The record of the second conviction, however, showed that respondent had committed the robbery on October 15, 1991—three days before his first conviction became final. Neither the prosecutor, nor the defense attorney, nor the witness tendered by the State to authenticate the records, nor the trial judge, nor the jury, noticed the 3-day discrepancy. Indeed, the defense attorney chose not to cross-examine the State’s witness or to put on any evidence.
The jury returned a verdict of guilty on the habitual offender charge and recommended a sentence of 16½ years; the court followed the recommendation. Respondent appealed. Appellate counsel did not mention the 3-day discrepancy nor challenge the sufficiency of the penalty-phase evidence to support the habitual offender enhancement. The State Court of Appeals affirmed respondent’s conviction and sentence; the Texas Court of Criminal Appeals refused respondent’s petition for discretionary review.
Respondent thereafter sought state postconviction relief, arguing for the first time that he was ineligible for the habitual offender enhancement based on the timing of his second conviction. App. 83, 87–88. The state habeas court refused to consider the merits of that claim because respondent had not raised it, as required by state procedural law, either at trial or on direct appeal. Id., at 107, 108. The state habeas court rejected respondent’s related ineffective assistance of counsel claim, saying only that “counsel was not ineffective” for failing to object to or to appeal the enhancement. Id., at 108. The Texas Court of Criminal Appeals summarily denied respondent’s state habeas application. Id., at 109.
In August 2000, respondent filed a timely pro se application for a federal writ of habeas corpus pursuant to 28 U. S. C. §2254, renewing his sufficiency of the evidence and ineffective assistance of counsel claims. App. 110, 118–119; id., at 122, 124, 126–127. The State conceded that respondent was “correct in his assertion that the enhancement paragraphs as alleged in the indictment do not satisfy section 12.42(a)(2) of the Texas Penal Code.” Id., at 132, 140. Rather than agree to resentencing, however, the State argued that respondent had procedurally defaulted the sufficiency of the evidence claim by failing to raise it before the state trial court or on direct appeal. Id., at 142–144. The Magistrate Judge, to whom the habeas application had been referred, recommended excusing the procedural default and granting the sufficiency of the evidence claim because respondent was “ ‘actually innocent’ of a sentence for a second-degree felony.” Haley v. Director, Texas Dept. of Criminal Justice, Institutions Div., Civ. No. 6:00cv518 (ED Tex., Sept. 13, 2001) p. 10, App. to Pet. for Cert. 49a (quoting Sones v. Hargett, 61 F. 3d 410, 419 (CA5 1995)). Because she recommended relief on the erroneous enhancement claim, the Magistrate Judge did not address respondent’s related ineffective assistance of counsel challenges. App. to Pet. for Cert. 50a–52a. The District Court adopted the Magistrate Judge’s report, granted the application, and ordered the State to resentence respondent “without the improper enhancement.” Id., at 36a–37a (Oct. 27, 2001).
The Court of Appeals for the Fifth Circuit affirmed, holding narrowly that the actual innocence exception “applies to noncapital sentencing procedures involving a career offender or habitual felony offender.” Haley v. Cockrell, 306 F. 3d 257, 264 (2002). The Fifth Circuit thus joined the Fourth Circuit in holding that the exception should not extend beyond allegedly erroneous recidivist enhancements to other claims of noncapital factual sentencing error: “[T]o broaden the exception further would ‘swallow’ the ‘cause portion of the cause and prejudice requirement’ and it ‘would conflict squarely with Supreme Court authority indicating that generally more than prejudice must exist to excuse procedural default.’ ” Id., at 266 (quoting United States v. Mikalajunas, 186 F. 3d 490, 494–495 (CA4 1999)). Finding the exception satisfied, the panel then granted relief on the merits of respondent’s otherwise defaulted sufficiency of the evidence claim. In so doing, the panel assumed that challenges to the sufficiency of noncapital sentencing evidence are cognizable on federal habeas under Jackson v. Virginia, 443 U. S. 307 (1979). 306 F. 3d, at 266–267 (citing French v. Estelle, 692 F. 2d 1021, 1024–1025 (CA5 1982)).
The Fifth Circuit’s decision exacerbated a growing divergence of opinion in the Courts of Appeals regarding the availability and scope of the actual innocence exception in the noncapital sentencing context. Compare Embrey v. Hershberger, 131 F. 3d 739 (CA8 1997) (en banc) (no actual innocence exception for noncapital sentencing error); Reid v. Oklahoma, 101 F. 3d 628 (CA10 1996) (same), with Spence v. Superintendent, Great Meadow Correctional Facility, 219 F. 3d 162 (CA2 2000) (actual innocence exception applies in noncapital sentencing context when error is related to finding of predicate act forming the basis for enhancement), and Mikalajunas, supra (actual innocence exception applies in noncapital sentencing context where error relates to a recidivist enhancement). We granted the State’s request for a writ of certiorari, 540 U. S. ___ (2003), and now vacate and remand.
II
The procedural default doctrine, like the abuse of writ doctrine, “refers to a complex and evolving body of equitable principles informed and controlled by historical usage, statutory developments, and judicial decisions.” McCleskey v. Zant, 499 U. S. 467, 489 (1991). A corollary to the habeas statute’s exhaustion requirement, the doctrine has its roots in the general principle that federal courts will not disturb state court judgments based on adequate and independent state law procedural grounds. Wainwright v. Sykes, 433 U. S. 72, 81 (1977); Brown v. Allen, 344 U. S. 443, 486–487 (1953). But, while an adequate and independent state procedural disposition strips this Court of certiorari jurisdiction to review a state court’s judgment, it provides only a strong prudential reason, grounded in “considerations of comity and concerns for the orderly administration of justice,” not to pass upon a defaulted constitutional claim presented for federal habeas review. Francis v. Henderson, 425 U. S. 536, 538– 539 (1976); see also Fay v. Noia, 372 U. S. 391, 399 (1963) (“[T]he doctrine under which state procedural defaults are held to constitute an adequate and independent state law ground barring direct Supreme Court review is not to be extended to limit the power granted the federal courts under the federal habeas statute”). That being the case, we have recognized an equitable exception to the bar when a habeas applicant can demonstrate cause and prejudice for the procedural default. Wainwright, supra, at 87. The cause and prejudice requirement shows due regard for States’ finality and comity interests while ensuring that “fundamental fairness [remains] the central concern of the writ of habeas corpus.” Strickland v. Washington, 466 U. S. 668, 697 (1984).
The cause and prejudice standard is not a perfect safeguard against fundamental miscarriages of justice. Murray v. Carrier, 477 U. S. 478 (1986), thus recognized a narrow exception to the cause requirement where a constitutional violation has “probably resulted” in the conviction of one who is “actually innocent” of the substantive offense. Id., at 496; accord, Schlup v. Delo, 513 U. S. 298 (1995). We subsequently extended this exception to claims of capital sentencing error in Sawyer v. Whitley, 505 U. S. 333 (1992). Acknowledging that the concept of “actual innocence” did not translate neatly into the capital sentencing context, we limited the exception to cases in which the applicant could show “by clear and convincing evidence that, but for constitutional error, no reasonable juror would have found the petitioner eligible for the death penalty under the applicable state law.” Id., at 336.
We are asked in the present case to extend the actual innocence exception to procedural default of constitutional claims challenging noncapital sentencing error. We decline to answer the question in the posture of this case and instead hold that a federal court faced with allegations of actual innocence, whether of the sentence or of the crime charged, must first address all nondefaulted claims for comparable relief and other grounds for cause to excuse the procedural default.
This avoidance principle was implicit in Carrier itself, where we expressed confidence that, “for the most part, ‘victims of fundamental miscarriage of justice will meet the cause-and-prejudice standard.’ ” 477 U. S. , at 495–496 (quoting Engle v. Isaac, 456 U. S. 107, 135 (1982)). Our confidence was bolstered by the availability of ineffective assistance of counsel claims—either as a ground for cause or as a free-standing claim for relief—to safeguard against miscarriages of justice. The existence of such safeguards, we observed, “may properly inform this Court’s judgment in determining ‘[w]hat standards should govern the exercise of the habeas court’s equitable discretion’ with respect to procedurally defaulted claims.” Carrier, supra, at 496 (quoting Reed v. Ross, 468 U. S. 1, 9 (1984)).
Petitioner here conceded at oral argument that respondent has a viable and “significant” ineffective assistance of counsel claim. Tr. of Oral Arg. 18 (“[W]e agree at this point there is a very significant argument of ineffective assistance of counsel”); see also id., at 7 (agreeing “not [to] raise any procedural impediment” to consideration of the merits of respondent’s ineffective assistance claim on remand). Success on the merits would give respondent all of the relief that he seeks— i.e., resentencing. It would also provide cause to excuse the procedural default of his sufficiency of the evidence claim. Carrier, supra, at 488.
Contrary to the dissent’s view, see post, at 2 (opinion of Stevens, J.), it is precisely because the various exceptions to the procedural default doctrine are judge-made rules that courts as their stewards must exercise restraint, adding to or expanding them only when necessary. To hold otherwise would be to license district courts to riddle the cause and prejudice standard with ad hoc exceptions whenever they perceive an error to be “clear” or departure from the rules expedient. Such an approach, not the rule of restraint adopted here, would have the unhappy effect of prolonging the pendency of federal habeas applications as each new exception is tested in the courts of appeals. And because petitioner has assured us that it will not seek to reincarcerate respondent during the pendency of his ineffective assistance claim, Tr. of Oral Arg., at 52 (“[T]he state is willing to allow the ineffective assistance claim to be litigated before proceeding to reincarcerate [respondent]”), the negative consequences for respondent of our judgment to vacate and remand in this case are minimal.
While availability of other remedies alone would be sufficient justification for a general rule of avoidance, the many threshold legal questions often accompanying claims of actual innocence provide additional reason for restraint. For instance, citing Jackson v. Virginia, 443 U. S. 307 (1979), respondent here seeks to bring through the actual innocence gateway his constitutional claim that the State’s penalty-phase evidence was insufficient to support the recidivist enhancement. But the constitutional hook in Jackson was In re Winship, 397 U. S. 358 (1970), in which we held that due process requires proof of each element of a criminal offense beyond a reasonable doubt. We have not extended Winship ’s protections to proof of prior convictions used to support recidivist enhancements. Almendarez-Torres v. United States, 523 U. S. 224 (1998); see also Apprendi v. New Jersey, 530 U. S. 466, 488–490 (2000) (reserving judgment as to the validity of Almendarez-Torres ); Monge v. California, 524 U. S. 721, 734 (1998) (Double Jeopardy Clause does not preclude retrial on a prior conviction used to support recidivist enhancement). Respondent contends that Almendarez-Torres should be overruled or, in the alternative, that it does not apply because the recidivist statute at issue required the jury to find not only the existence of his prior convictions but also the additional fact that they were sequential. Brief for Respondent 30–31. These difficult constitutional questions, simply assumed away by the dissent, see post, at 2 (citing Jackson, supra, and Thompson v. Louisville, 362 U. S. 199 (1960)), are to be avoided if possible.
To be sure, not all claims of actual innocence will involve threshold constitutional issues. Even so, as this case and the briefing illustrate, such claims are likely to present equally difficult questions regarding the scope of the actual innocence exception itself. Whether and to what extent the exception extends to noncapital sentencing error is just one example. The judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.

Criminal Procedure, Dissent

Doggett v. United States

JUSTICE O’CONNOR, dissenting.

I believe the Court of Appeals properly balanced the considerations set forth in Barker v. Wingo, 407 U. S. 514 (1972). Although the delay between indictment and trial was lengthy, petitioner did not suffer any anxiety or restriction on his liberty. The only harm to petitioner from the lapse of time was potential prejudice to his ability to defend his case. We have not allowed such speculative harm to tip the scales. Instead, we have required a showing of actual prejudice to the defense before weighing it in the balance. As we stated in United States v. Loud Hawk, 474 U. S. 302, 315 (1986), the “possibility of prejudice is not sufficient to support respondents’ position that their speedy trial rights were violated. In this case, moreover, delay is a two-edged sword. It is the Government that bears the burden of proving its case beyond a reasonable doubt. The passage of time may make it difficult or impossible for the Government to carry this burden.” The Court of Appeals followed this holding, and I believe we should as well. For this reason, I respectfully dissent.

Notes

3 Citing United States v. Broce, 488 U. S. 563, 569 (1989), the Government argues that, by pleading guilty, Doggett waived any right to claim that the delay would have prejudiced him had he gone to trial. Brief for United States 30. Yet Doggett did not sign a guilty plea simpliciter, but a conditional guilty plea under Federal Rule of Criminal Procedure 11(a)(2), thereby securing

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, Majority, William Rehnquist

Dodd v. United States

Justice O’Connor delivered the opinion of the Court.

Title 28 U. S. C. §2255 establishes a “1-year period of limitation” within which a federal prisoner may file a motion to vacate, set aside, or correct his sentence under that section. That period runs from “the latest” of a number of events, which are enumerated in subparagraphs (1) through (4) of ¶6 of that section. This case involves subparagraph (3), which provides that the limitation period begins to run on “the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.” We must decide whether the date from which the limitation period begins to run under ¶6(3) is the date on which this Court “initially recognized” the right asserted in an applicant’s §2255 motion, or whether, instead, it is the date on which the right is “made retroactiv[e].”

I
Petitioner Michael Donald Dodd was indicted on June 25, 1993, for knowingly and intentionally engaging in a continuing criminal enterprise in violation of 21 U. S. C. §§841 and 846, conspiring to possess with intent to distribute marijuana in violation of §841(a)(1), conspiring to possess with intent to distribute cocaine in violation of §841(a)(1), and 16 counts of using and possessing a passport obtained by false statement in violation of 18 U. S. C. §1546(a). He was convicted of all counts except the cocaine charge, and was sentenced to 360 months’ imprisonment followed by five years of supervised release. The Court of Appeals for the Eleventh Circuit affirmed on May 7, 1997. 111 F. 3d 867 (per curiam). Because Dodd did not file a petition for certiorari, his conviction became final on August 6, 1997. See Clay v. United States, 537 U. S. 522, 525 (2003).

On April 4, 2001, more than three years after his conviction became final, Dodd filed a pro se motion under 28 U. S. C. §2255 seeking to set aside his conviction for knowingly and intentionally engaging in a continuing criminal enterprise, based on our decision in Richardson v. United States, 526 U. S. 813 (1999). Richardson held that a jury must agree unanimously that a defendant is guilty of each of the specific violations that together constitute the continuing criminal enterprise. Id., at 815. Dodd argued, among other things, that he was entitled to relief because his jury had not been instructed that they had to agree unanimously on each predicate violation. App. 9. The District Court dismissed Dodd’s §2255 motion as time barred. Id., at 11–15. Because Richardson had been decided more than one year before Dodd filed his motion, the court held that the motion was untimely; it also rejected Dodd’s request for equitable tolling. App. 13–15.

Dodd appealed, arguing that the limitation period in §2255, ¶6(3), did not begin to run until April 19, 2002, when the Court of Appeals for the Eleventh Circuit held in Ross v. United States, 289 F. 3d 677, that the right recognized in Richardson applies retroactively to cases on collateral review. The Eleventh Circuit held that the limitation period began to run on “the date the Supreme Court initially recognizes the right”—the date Richardson was decided—and accordingly affirmed the dismissal of Dodd’s motion as time barred. 365 F. 3d 1273, 1283 (2004).

We granted certiorari, 543 U. S. __ (2004), to resolve a conflict in the Courts of Appeals over when the limitation period in ¶6(3) begins to run. Compare, e.g., 365 F. 3d, at 1283 (case below) (period runs from date of Supreme Court decision initially recognizing right asserted); and United States v. Lopez, 248 F. 3d 427, 432–433 (CA5 2001) (same), with Pryor v. United States, 278 F. 3d 612, 616 (CA6 2002) (period does not begin to run until right has been held retroactively applicable to cases on collateral review); and United States v. Valdez, 195 F. 3d 544, 547–548 (CA9 1999) (same).

II
Section 2255, ¶6, provides:

“A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of—

“(1) the date on which the judgment of conviction becomes final;

“(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;

“(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or

“(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.”

In most cases, the operative date from which the limitation period is measured will be the one identified in ¶6(1): “the date on which the judgment of conviction becomes final.” Ibid. ; see also Clay, supra, at 524. But later filings are permitted where subparagraphs (2)–(4) apply. This case involves ¶6(3), which gives §2255 applicants one year from “the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.” Dodd contends that under subparagraph (3), the limitation period runs from the date on which the right asserted was made retroactively applicable. The United States, on the other hand, argues that it runs from the date on which this Court initially recognized the right asserted.

We believe that the text of ¶6(3) settles this dispute. It unequivocally identifies one, and only one, date from which the 1-year limitation period is measured: “the date on which the right asserted was initially recognized by the Supreme Court.” We “must presume that [the] legislature says in a statute what it means and means in a statute what it says there.” Connecticut Nat. Bank v. Germain, 503 U. S. 249, 253–254 (1992). What Congress has said in ¶6(3) is clear: an applicant has one year from the date on which the right he asserts was initially recognized by this Court.

Dodd urges us to adopt a different interpretation. He contends that the second clause in ¶6(3) affects the applicable date under that provision. He reads ¶6(3) as containing “three distinct prerequisites” that “must be satisfied before the limitation period begins.” Brief for Petitioner 8. Those three prerequisites are: (1) the right asserted by the applicant “was initially recognized” by this Court; (2) this Court “newly recognized” the right; and (3) a court must have “made” the right “retroactively applicable to cases on collateral review.” Id., at 13–14 (internal quotation marks omitted). Because the Court of Appeals for the Eleventh Circuit did not hold the right recognized in Richardson v. United States, 526 U. S. 813 (1999), retroactively applicable until April 19, 2002, when it decided Ross, 289 F. 3d 677, Dodd contends that he had until April 19, 2003—one year from the date when all three prerequisites were satisfied—to file his §2255 motion.

Dodd’s interpretation does not square with the only natural reading of the text. Paragraph 6(3) identifies one date and one date only as the date from which the 1-year limitation period runs: “the date on which the right asserted was initially recognized by the Supreme Court.” Dodd’s reliance on the second clause to identify the operative date is misplaced. That clause—“if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review”—imposes a condition on the applicability of this subsection. See Webster’s Third New International Dictionary 1124 (1993) (the definition of “if ” is “in the event that” or “on condition that”). It therefore limits ¶6(3)’s application to cases in which applicants are seeking to assert rights “newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review.” §2255, ¶6(3). That means that ¶6(3)’s date—“the date on which the right asserted was initially recognized by the Supreme Court”—does not apply at all if the conditions in the second clause—the right “has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review”—have not been satisfied. As long as the conditions in the second clause are satisfied so that ¶6(3) applies in the first place, that clause has no impact whatsoever on the date from which the 1-year limitation period in ¶6(3) begins to run. Thus, if this Court decides a case recognizing a new right, a federal prisoner seeking to assert that right will have one year from this Court’s decision within which to file his §2255 motion. He may take advantage of the date in the first clause of ¶6(3) only if the conditions in the second clause are met.

We recognize that the statute of limitations in ¶6(3) makes it difficult for applicants filing second or successive §2255 motions to obtain relief. The limitation period in ¶6(3) applies to “all motions” under §2255, initial motions as well as second or successive ones. Section 2255, ¶8(2), narrowly restricts an applicant’s ability to file a second or successive motion. An applicant may file a second or successive motion only in limited circumstances, such as where he seeks to take advantage of “a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.” §2255, ¶8(2). Dodd points out that this Court rarely decides that a new rule is retroactively applicable within one year of initially recognizing that right. Thus, because of the interplay between ¶¶8(2) and 6(3), an applicant who files a second or successive motion seeking to take advantage of a new rule of constitutional law will be time barred except in the rare case in which this Court announces a new rule of constitutional law and makes it retroactive within one year.

Although we recognize the potential for harsh results in some cases, we are not free to rewrite the statute that Congress has enacted. “[W]hen the statute’s language is plain, the sole function of the courts—at least where the disposition required by the text is not absurd—is to enforce it according to its terms.” Hartford Underwriters Ins. Co. v. Union Planters Bank, N. A., 530 U. S. 1, 6 (2000) (internal quotation marks omitted). See also Tyler v. Cain, 533 U. S. 656, 663, n. 5 (2001) (“[E]ven if we disagreed with the legislative decision to establish stringent procedural requirements for retroactive application of new rules, we do not have license to question the decision on policy grounds”). The disposition required by the text here, though strict, is not absurd. It is for Congress, not this Court, to amend the statute if it believes that the interplay of ¶¶8(2) and 6(3) of §2255 unduly restricts federal prisoners’ ability to file second or successive motions.

Justice Stevens would hold, contrary to the plain text, that the limitation period in ¶6(3) begins to run when the right asserted is made retroactive, see post, at 9–10 (dissenting opinion), because he assumes that “the most natural reading of the statutory text would make it possible for the limitations period to expire before the cause of action accrues,” post, at 1. Justice Stevens analogizes this case to Graham County Soil & Water Conservation Dist. v. United States, ex rel. Wilson, post, p. __, see post, at 1 (dissenting opinion), but Graham Count y is distinguishable. The text of the statute at issue in Graham County is ambiguous, justifying the Court’s partial reliance on “the ‘standard rule that the limitations period commences when the plaintiff has a complete and present cause of action.’ ” See Graham County, post, at 5–8, and n. 2. Here, there is no such ambiguity; ¶6(3) clearly specifies the date on which the limitation period begins to run.

III
Dodd’s §2255 motion sought to benefit from our holding in Richardson, supra, which was decided on June 1, 1999. Thus, he had one year from that date within which to file his motion. Because he did not file his motion until April 4, 2001, the motion was untimely. We therefore affirm the judgment of the Court of Appeals for the Eleventh Circuit.

It is so ordered.

Dissent, Economic Activity, John Paul Stevens, William Brennan, William Rehnquist

Dixson v. United States

JUSTICE O’CONNOR, with whom JUSTICE BRENNAN, JUSTICE REHNQUIST, and JUSTICE STEVENS join, dissenting. The rule of lenity demands that “ambiguity concerning the ambit of criminal statutes should be resolved in favor of lenity.”Rewis v. United States,401 U. S. 808,401 U. S. 812 opinion cannot carry the weight the Court places on it, and there is good reason to reject the Court’s interpretation of the statute.(1971). The Court concludes that congressional intent to include persons like petitioners within the coverage of 18 U.S.C. § 201 is clear enough to make the rule of lenity inapplicable. The statutory language admits of the Court’s reading, and the case for that reading would be strong, though perhaps not persuasive, if § 201 were a civil statute. I differ with the Court in that I find the evidence of congressional intent too weak to meet the higher standard for resolving facial ambiguity against a defendant when interpreting a criminal statute. In my view, the evidence of intent offered by the Court’s
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The language of § 201 and of its predecessors, as the Court’s opinion points out, is intentionally broad. But that fact merely creates the interpretive problem -it does not resolve it. Congress intended to carry forward the pre-1962 bribery statute when it enacted § 201, and it understood the coverage of the bribery law to be broad. See ante at 465 U. S. 491 -493, 465 U. S. 494 -495. Moreover, the purpose of the statute was undoubtedly to proscribe bribery of all those who

Byron White, Economic Activity, Harry Blackmun, Lewis Powell, Majority, Thurgood Marshall, Warren Burger, William Brennan

Director OWCP v. Perini North River Assocs

JUSTICE O’CONNOR delivered the opinion of the Court.

In 1972, Congress amended the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat. (part 2) 1424, as amended, 33 U.S.C. § 901 et seq. (1976 ed. and Supp. V) (hereinafter LHWCA or Act). Before 1972, LHWCA coverage extended only to injuries sustained on the actual “navigable waters of the United States (including any dry dock).” 44 Stat. (part 2) 1426. As part of its 1972 Amendments of the Act, Congress expanded the “navigable waters” situs to include certain adjoining land areas, § 3(a), 86 Stat. 1251, 33 U.S.C. § 903(a). At the same time, Congress added a status requirement that employees covered by the Act must be “engaged in maritime employment” within the meaning of § 2(3) of the Act. [ Footnote 1 ] We granted certiorari in this case, 455 U.S. 937 (1982), to consider whether a marine construction worker, who was injured while performing his job upon actual navigable waters, [ Footnote 2 ] and who would have been covered by the Act before 1972, is “engaged in maritime employment,” and thus covered by the amended Act. [ Footnote 3 ] We hold that the worker is “engaged in maritime employment” for purposes of coverage under the amended LHWCA. Accordingly, we reverse the decision below.

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The facts are not in dispute. Respondent Perini North River Associates (Perini) contracted to build the foundation of a sewage treatment plant that extends approximately 700 feet over the Hudson River between 136th and 145th Streets

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Economic Activity, Majority, Ruth Bader Ginsburg, William Rehnquist

Director Office of Workers’ Compensation Programs v. Greenwich Collieries

JUSTICE O’CONNOR delivered the opinion of the Court.

In adjudicating benefits claims under the Black Lung Benefits Act (BLBA), 83 Stat. 792, as amended, 30 U. S. C. § 901 et seq. (1988 ed. and Supp. IV), and the Longshore and Harbor Workers’ Compensation Act (LHWCA), 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq., the Department of Labor applies what it calls the “true doubt” rule. This rule essentially shifts the burden of persuasion to the party opposing the benefits claim-when the evidence is evenly balanced, the benefits claimant wins. This litigation presents the question whether the rule is consistent with § 7(c) of the Administrative Procedure Act (APA), which states that “[e]xcept as otherwise provided by statute, the proponent of a rule or order has the burden of proof.” 5 U. S. C. § 556(d).

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We review two separate decisions of the Court of Appeals for the Third Circuit. In one, Andrew Ondecko applied for disability benefits under the BLBA after working as a coal miner for 31 years. The Administrative Law Judge (ALJ) determined that Ondecko had pneumoconiosis (or black lung disease), that he was totally disabled by the disease, and that the disease resulted from coal mine employment. In resolving the first two issues, the ALJ relied on the true doubt rule. In resolving the third, she relied on the rebuttable presumption that a miner with pneumoconiosis who worked in the mines for at least 10 years developed the disease be

tBriefs of amici curiae urging affirmance