Cite as: 504 U. S. 1 (1992)
O'Connor, J., dissenting
been smaller, but once the claim was properly before the court, the right to a hearing was not construed as narrowly as the Court construes it today.
B
Instead of looking to the history of the right to an evidentiary hearing, the Court simply borrows the cause and prejudice standard from a series of our recent habeas corpus cases. Ante, at 5-8. All but one of these cases address the question of when a habeas claim is properly before a federal court despite the petitioner's procedural default. See Coleman v. Thompson, supra; Murray v. Carrier, 477 U. S. 478 (1986); Reed v. Ross, 468 U. S. 1 (1984); Engle v. Isaac, 456 U. S. 107 (1982); Wainwright v. Sykes, supra; Francis v. Henderson, 425 U. S. 536 (1976). The remaining case addresses the issue of a petitioner's abuse of the writ. See McCleskey v. Zant, 499 U. S. 467 (1991). These cases all concern the question whether the federal court will consider the merits of the claim, that is, whether the court has the authority to upset a judgment affirmed on direct appeal. So far as this threshold inquiry is concerned, our respect for state procedural rules and the need to discourage abuse of the writ provide the justification for the cause and prejudice standard. As we have said in the former context: "[T]he Great Writ imposes special costs on our federal system. The States possess primary authority for defining and enforcing the criminal law. In criminal trials they also hold the initial responsibility for vindicating constitutional rights. Federal intrusions into state criminal trials frustrate both the States' sovereign power to punish offenders and their good-faith attempts to honor constitutional rights." Engle, supra, at 128.
The question we are considering here is quite different. Here, the Federal District Court has already determined that it will consider the claimed constitutional violation; the only question is how the court will go about it. When it
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