Cite as: 529 U. S. 473 (2000)
Opinion of Scalia, J.
necessary, however—and the States would not be remanded to reliance upon the discretion of district judges—if the limitation on "second or successive" petitions were given its natural meaning.
Because I believe petitioner's inclusion of new and un-exhausted claims in his postexhaustion petition rendered it second or successive, he is not entitled to a certificate of appealability, and I would affirm the decision of the Court of Appeals.
493
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