Bowe v. United States · ¶141

The picture does not improve from there. The Boechler clear-statement rule operates only in a particular context and exists only for particular reasons. Treating too many rules as jurisdictional rather than as claim-processing rules, this Court has said, would “result in the waste of judicial resources and may unfairly prejudice litigants.” Henderson v. Shinseki, 562 U. S. 428, 434 (2011). Yet neither of those rationales applies here. If anything, it is the majority's new rule that promises to waste judicial resources by undermining finality. And there is no colorable argument that Congress acts unfairly by preventing both prisoners and governments from appealing adverse certification decisions. Far from respecting Boechler, then, the majority more nearly defes it.

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