Cite as: 533 U. S. 656 (2001)
Syllabus
lishes principles of retroactivity and leaves their application to lower courts. In such an event, the lower court (or perhaps a combination of courts), not the Supreme Court, develops any legal conclusion derived from those principles. Although the statute uses the word "made," not "held," Congress is permitted to use synonyms in a statute, see Williams v. Taylor, 529 U. S. 362, and "made" and "held" are synonyms in the § 2244(b)(2)(A) context. This interpretation is necessary for the proper implementation of AEDPA's collateral review structure. The stringent 30-day time period that § 2244(b)(3)(D) imposes on courts of appeals determining whether an application "makes a prima facie showing that [it] satisfies the [second habeas standard]," § 2244(b)(3)(C), suggests that those courts do not have to engage in the difficult legal analysis that can be required to determine questions of retroactivity in the first instance, but need only rely on Supreme Court retroactivity holdings. Pp. 662-664.
(b) The Cage rule has not been "made retroactive . . . by the Supreme Court." Cage did not make itself retroactive, and neither did Sullivan v. Louisiana, 508 U. S. 275, 279. Tyler contends that Sullivan's reasoning makes it clear that retroactive application of Cage is warranted by the principles of Teague v. Lane, 489 U. S. 288, 311-313, in which the Court held that a new rule can be retroactive to cases on collateral review only if it falls within one of two narrow exceptions to the general rule of nonretroactivity. However, the most Tyler can claim is that, based on Teague's principles, this Court should make Cage retroactive to cases on collateral review. It is clear, however, that the Court has not done so. Although the Court can make a rule retroactive over the course of two cases, it has not done so here. Pp. 664-667.
(c) This Court declines to make Cage retroactive today. Because Tyler's habeas application was his second, the District Court was required to dismiss it unless Tyler showed that this Court already had made Cage retroactive. This Court cannot decide today whether Cage is retroactive to cases on collateral review, because that decision will not help Tyler in this case. Any statement on Cage's retroactivity would be dictum, so this Court declines to comment further on the issue. Pp. 667-668.
218 F. 3d 744, affirmed.
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined. O'Connor, J., filed a concurring opinion, post, p. 668. Breyer, J., filed a dissenting opinion, in which Stevens, Souter, and Ginsburg, JJ., joined, post, p. 670.
657
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