Bowe v. United States · ¶144

If anything, and as we have seen, Castro does more to hurt than help the majority's cause. See Part I–A, supra. Throughout that decision, the Court took as given that subparagraph (E) does bar federal prisoners from seeking certiorari to challenge adverse certification decisions regarding their second or successive filings. Why (again) would Cas tro take the trouble to explain that the challenge there wasn't a second or successive one if subparagraph (E) doesn't apply to federal prisoners anyway? And why would Castro worry about the anomalous possibility that only the government may seek certiorari when, in fact, federal prisoners can too?

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