Bowe v. United States · ¶57

The Government's argument is misguided. Nothing about the Court's decision today undermines § 2244(b)(3)(D)'s timeline for the panel's authorization decision. Nor is this inference so compelling as to provide the needed clarity to cut off the Court's jurisdiction: It is entirely plausible that Congress intended to require panels to move quickly, while still preserving the prisoner's ability to seek further review in the rare case that warrants this Court's attention. See § 2266 (placing time limits on the initial review of capital cases in the lower courts but placing no limits on this Court's review). Panels will still have the tools needed, moreover, to facilitate that quick review under the Court's interpretation of § 2255(h)'s cross-reference. See infra, at 39–40, and n. 8.

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