Bowe v. United States · ¶122

Really, the idea that § 2244(b)(3)(E) applies to federal prisoners and bars them from seeking certiorari has been uncontroversial since AEDPA's adoption three decades ago. So much so that, until recently, even the author of today's majority opinion accepted it. In another case involving Mr. Bowe (yes, the same Mr. Bowe), our colleague urged the Court to consider accepting an original habeas petition to resolve the very same do-over circuit split now before us. In re Bowe, 601 U. S. 1015 (2024) (Sotomayor, J., statement respecting denial of habeas corpus). Invoking that unusual procedure, our colleague insisted, was necessary precisely because “§ 2244(b)(3)(E)'s bar on petitioning for review” would preclude Mr. Bowe from invoking our certiorari jurisdiction. Id., at 1016. That was right then, and it is right still.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.