Bowe v. United States · ¶20

As a threshold matter, the Government argues that the Court cannot resolve the Circuit split concerning § 2244(b) (1)'s old-claim bar because the Court lacks jurisdiction to hear the case under § 2244(b)(3)(E). That provision states that the “denial of an authorization by a court of appeals to file a second or successive application . . . shall not be the subject of a petition for . . . a writ of certiorari.” See Hawaii v. Offce of Hawaiian Affairs, 556 U. S. 163, 171 (2009) (“Before turning to the merits, we first must address our jurisdiction”). If Bowe were in state custody, then the Government would be correct. See Stewart v. Martinez- Villareal, 523 U. S. 637, 641 (1998). He is not. Section 2244(b)(3)(E) does not prevent the Court's review because the certiorari bar does not clearly apply to motions fled by federal prisoners like Bowe.

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