Cite as: 538 U. S. 202 (2003)
O'Connor, J., concurring in judgment
U. S. C. § 2254 applies to respondent Robert Garceau's habeas corpus application because Garceau did not file his application until after AEDPA's effective date. I agree with that holding. I concur only in the judgment, however, because in my view the Court's reasoning is broader than necessary.
The Court states that if "the state prisoner had before a federal court an application for habeas relief seeking an adjudication on the merits of the petitioner's claims, then amended § 2254(d) does not apply." Ante, at 207. Under the facts of this case, however, the Court may have misap-plied its own rule. As the Court concedes, ante, at 204-205, the District Court had a pre-AEDPA filing setting forth the merits of Garceau's claims. After Garceau filed a motion for the appointment of counsel, motion for a stay, and motion for leave to file a habeas application, the District Court stayed Garceau's execution. Over the objection of the State, the District Court held that Garceau had identified nonfrivolous issues so that a stay of the execution was appropriate. It is difficult to see how the "merits" were not in front of the District Court at that time, which was well before AEDPA's effective date.
In addition, the Court does not adequately distinguish McFarland v. Scott, 512 U. S. 849 (1994). Although I dissented from that case, I also recognize that "the doctrine of stare decisis is most compelling" when the Court confronts "a pure question of statutory construction." Hilton v. South Carolina Public Railways Comm'n, 502 U. S. 197, 205 (1991). The Court here, however, appears to adopt the reasoning of the dissent in McFarland. Compare ante, at 208 ("Finally, our conclusion is reinforced by the procedural rules governing § 2254 cases"), with McFarland, supra, at 862 (O'Connor, J., dissenting in relevant part) ("The rules governing § 2254 cases confirm this conclusion"). I see no need to question the underpinnings of McFarland in this case, and I accept the holding of McFarland that an application for a writ
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