when federal law adopts federal law as federal law -- in line michael dreeben: -- michael dreeben: the state has adopted teague for no reason with the cases and that is because the state lawwill be applied to that federal case in a habeas case, so they have decided consciously to synchronize their lot with the law that they know will be applied. this serves an important federalism purpose. the state says if we have to rectify in a constitutional error in our case that has become final, we would like the opportunity to do it. if the federal habeas court will treat this as retroactive, we would like the first crack at it. justice: you are saying hooray that the federal habeas court will be downed by it because the state got there first. michael dreeben: there is an elementary reason why that is not so. 2254d applies to state determinations on the merits, the only time that the deference provision takes them. a determination under teague is a special determination that comes before the decision on the merits. this court has said that in any number of cases. it is not a marriage resolution