This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Roberto A. Lange, the case concerns whether a stay and abeyance procedure should be used to apply the total exhaustion rule.
According to Roberto A. Lange, several Justices of this Court have endorsed stay and abeyance, and seven of the eight circuit courts of appeals have permitted it in similar circumstances.
The State argues that circuit courts have approved stay and abeyance and that it is not causing undue delay.
The Respondent contends that stay and abeyance extends the statute of limitations beyond one year and conflicts with the total exhaustion requirement of 2254(b).
The Respondent also argues that stay and abeyance erodes each side of the triangular statutory design.
Roberto A. Lange argues that the petition does not constitute a free ride and does not frustrate the one‑year statute of limitations.
Mr. Lange says a district court should ensure a petition meets the standards of §2254(b)(2) when evaluating a stay and abeyance request.
- [1] 908a3eef7c92e5d93cb0-r1-de18b96983ea01ba.pdf, p. 3
- [2] 908a3eef7c92e5d93cb0-r1-de18b96983ea01ba.pdf, p. 3
- [3] 908a3eef7c92e5d93cb0-r1-de18b96983ea01ba.pdf, p. 19
- [4] 908a3eef7c92e5d93cb0-r1-de18b96983ea01ba.pdf, p. 21
- [5] 908a3eef7c92e5d93cb0-r1-de18b96983ea01ba.pdf, p. 21
- [6] 908a3eef7c92e5d93cb0-r1-de18b96983ea01ba.pdf, p. 6
- [7] 908a3eef7c92e5d93cb0-r1-de18b96983ea01ba.pdf, p. 42
Background and question before the Court
Justice O'Connor asked why the petitioner should not first go to state court to exhaust the claims.
Justice Scalia asked, “Why should that be?”
Justice O'Connor asked General Long what standards should guide a federal judge in deciding how to treat these issues.
What each side argues
Roberto A. Lange (Petitioner)
According to Roberto A. Lange, stay and abeyance is the proper way to administer the total exhaustion rule under the unique facts of this case.
According to Roberto A. Lange, i disagree that this is a free ride, and it does not frustrate the one‑year statute of limitations.
According to Mr. Lange, a district court should ensure the petition meets the standards of §2254(b)(2) when evaluating a request for stay and abeyance.
State
According to State, circuit courts of appeals have approved the stay and abeyance procedure and there is no evidence it is being misused or causing undue delay.
Respondent
According to Respondent, stay and abeyance erodes each side of the triangular statutory design, extends the statute of limitations beyond one year, and ignores the total exhaustion requirement of §2254(b).
According to Respondent, the claim that stay and abeyance erodes the statutory design is not true with respect to the exhausted claims.
General Long
According to General Long, the predicate for obtaining stay and abeyance is that there must be at least one exhausted claim and one unexhausted claim.
What happened at oral argument
Justice O'Connor asked why the petitioner should not first go to state court to exhaust the claims.
Justice Scalia asked, “Why should that be?”
Justice O'Connor asked General Long what standards should guide a federal judge in deciding how to treat these issues.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 908a3eef7c92e5d93cb0-r1-de18b96983ea01ba.pdforal argument transcript
Guide generated September 21, 2026. Automated validation accepted this version.