Bowe v. United States · ¶143

In Castro, remember, the government advocated for a lopsided construction of § 2244(b)(3)(E). On the government's view, the statute permitted it to seek certiorari to challenge a circuit decision granting certification, but precluded a federal prisoner from seeking certiorari to challenge a circuit decision denying certification. 540 U. S., at 380. As we have seen, the Court rejected that submission for two reasons. First, the prisoner there did not seek to pursue a second or successive attack subject to subparagraph (E). Second, the government's reading would have “close[d] our doors to a class of habeas petitioners seeking review” while leaving those same doors open to the government. Id., at 381. Expanding on the second rationale, the Court said it would not endorse such an “anomal[ous]” reading of subparagraph (E) “without any clear indication that such was Congress' intent.” Id.,…

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