Cite as: 533 U. S. 289 (2001)
Scalia, J., dissenting
(1869), reflect a "longstanding rule requiring a clear statement of congressional intent to repeal habeas jurisdiction," ante, at 298. They do no such thing. Those cases simply applied the general principle—not unique to habeas—that "[r]epeals by implication are not favored." Felker, supra, at 660; Yerger, supra, at 105. Felker held that a statute which by its terms prohibited only further review by this Court (or by an en banc court of appeals) of a court-of-appeals panel's " 'grant or denial of . . . authorization . . . to file a second or successive [habeas] application,' " 518 U. S., at 657 (quoting 28 U. S. C. § 2244(b)(3)(E) (1994 ed., Supp. II)), should not be read to imply the repeal of this Court's separate and distinct "authority [under 28 U. S. C. § 2241 and 28 U. S. C. § 2254 (1994 ed. and Supp. V)] to hear habeas petitions filed as original matters in this Court," 518 U. S., at 661. Yerger held that an 1868 Act that by its terms "repeal[ed] only so much of the act of 1867 as authorized appeals, or the exercise of appellate jurisdiction by this court," should be read to "reach no [further than] the act of 1867," and did not repeal by implication the appellate jurisdiction conferred by the Judiciary Act of 1789 and other pre-1867 enactments. 8 Wall., at 105. In the present case, unlike in Felker and Yerger, none of the statutory provisions relied upon—§ 1252(a)(2)(C), § 1252(b)(9), or 8 U. S. C. § 1105a(a) (1994 ed.)—requires us to imply from one statutory provision the repeal of another. All by their terms prohibit the judicial review at issue in this case.
The Court insists, however, that since "[n]either [§ 1252(a)(1) nor § 1252(a)(2)(C)] explicitly mentions habeas, or 28 U. S. C. § 2241," "neither provision speaks with sufficient clarity to bar jurisdiction pursuant to the general habeas statute." Ante, at 312-313. Even in those areas of our jurisprudence where we have adopted a "clear statement" rule (notably, the sovereign immunity cases to which the Court adverts, ante, at 299, n. 10), clear statement has never meant the kind of magic words demanded by the Court
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