Bowe v. United States · ¶169

The majority today commits two serious mistakes. First, in its zeal to resolve a circuit split, the majority asserts jurisdiction where we have none. With statutory text and 30 years of case law in this Court and lower courts aligned against it, the majority bases its claim of jurisdiction on a new and curiously contoured clear-statement rule that is as needless as it is unprecedented. Second, and compounding its jurisdictional overreach, the majority adopts an implausible view on the merits. AEDPA didn't suddenly free federal prisoners from pre-existing restrictions on do-over claims. Just the opposite: It imposed additional “carefully crafted limits” on collateral attacks by federal and state prisoners alike. Jones, 599 U. S., at 482. And, quite unsurprisingly, one of those limits includes an unmistakable and absolute bar on do-over claims. Because neither of the majority's…

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