Cite as: 513 U. S. 298 (1995)
Scalia, J., dissenting
ante, at 334.) 3 Therefore, "we should sustain [their] action without saying more." Salinger, 265 U. S., at 232.
For these reasons, I respectfully dissent.
351
3 Even if they were wrong in that, it would not be correct to conclude that the judgment must necessarily be reversed. See ante, at 333-334 (O'Connor, J., concurring). Our habeas cases have not so held. See Wong Doo v. United States, 265 U. S. 239, 241 (1924) (affirming even though "the courts below erred in applying the inflexible doctrine of res judicata" to dismiss an abusive petition, because "it does not follow that the judgment should be reversed; for it plainly appears that the situation was one where, according to a sound judicial discretion, controlling weight must have been given to the prior refusal").
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