Duncan v. Walker, 533 U.S. 167, 22 (2001)

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188

DUNCAN v. WALKER

Breyer, J., dissenting

words "State" and "Federal" together, expressing its intent to cover both kinds of proceedings. See ante, at 172-173 (citing 28 U. S. C. § 2254(i) (1994 ed., Supp. V); § 2261(e); § 2264(a)(3)). And it reasons that Congress' failure to do so here displays a different intent.

But other statutory neighbors show that, when Congress wished unambiguously to limit tolling to state proceedings, "it knew how to do so." Custis v. United States, 511 U. S. 485, 492 (1994). In the special tolling provision governing certain capital cases, Congress said explicitly that the limitations period is tolled "from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State court disposition of such petition," thus making it clear that federal proceedings, for example, petitions for certiorari, do not count. 28 U. S. C. § 2263(b)(2) (1994 ed., Supp. V) (emphasis added). Does Congress' failure to include a similar qualification in § 2244's tolling provision show that it means that provision to cover both federal and state proceedings? In fact, the "argument from neighbors" shows only that Congress might have spoken more clearly than it did. It cannot prove the statutory point.

The majority also believes that only its interpretation gives effect to every word in the statute—in particular the word "State." It asks: If Congress meant to cover federal habeas review, why does the word "State" appear in the statute? Federal habeas proceedings are a form of post-conviction proceedings. So, had Congress meant to cover them, it would have just said "post-conviction and other collateral review." See ante, at 174.

But this argument proves too much, for one can ask with equal force: If Congress intended to exclude federal habeas proceedings, why does the word "post-conviction" appear in the statute? State postconviction proceedings are a form of collateral review. So, had Congress meant to exclude federal collateral proceedings, it could have just said "State col-

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