Williams v. Taylor, 529 U.S. 362, 20 (2000)

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Cite as: 529 U. S. 362 (2000)

Opinion of Stevens, J.

the "inevitable difficulties" that come with "attempting 'to determine whether a particular decision has really announced a "new" rule at all or whether it has simply applied a well-established constitutional principle to govern a case which is closely analogous to those which have been previously considered in the prior case law.' " Mackey, 401 U. S., at 695 (quoting Desist v. United States, 394 U. S. 244, 263 (1969)). But Teague established some guidance for making this determination, explaining that a federal habeas court operates within the bounds of comity and finality if it applies a rule "dictated by precedent existing at the time the defendant's conviction became final." 489 U. S., at 301 (emphasis deleted). A rule that "breaks new ground or imposes a new obligation on the States or the Federal Government," ibid., falls outside this universe of federal law.

To this, AEDPA has added, immediately following the "clearly established law" requirement, a clause limiting the area of relevant law to that "determined by the Supreme Court of the United States." 28 U. S. C. § 2254(d)(1) (1994 ed., Supp. III). If this Court has not broken sufficient legal ground to establish an asked-for constitutional principle, the lower federal courts cannot themselves establish such a principle with clarity sufficient to satisfy the AEDPA bar. In this respect, we agree with the Seventh Circuit that this clause "extends the principle of Teague by limiting the source of doctrine on which a federal court may rely in addressing the application for a writ." Lindh v. Murphy, 96 F. 3d 856, 869 (1996). As that court explained:

"This is a retrenchment from former practice, which allowed the United States courts of appeals to rely on their own jurisprudence in addition to that of the Supreme Court. The novelty in this portion of § 2254(d)(1) is not the 'contrary to' part but the reference to 'Federal law, as determined by the Supreme Court of the United States' (emphasis added). This extends the principle of Teague [v. Lane, 489 U. S. 288 (1989),] by limiting the

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