Bowe v. United States · ¶59

argument. The certiorari bar is found in § 2244(b)(3)'s ffth subparagraph. Everyone agrees that § 2255(h)'s cross- reference incorporates the preceding four subparagraphs. The Government maintains that it would be odd that Congress intended to incorporate four of those subparagraphs and not all five. Brief for United States 17, 23. If Congress had intended for all five to travel together, however, it did not say so explicitly. That would have been easy to do: Congress simply could have referenced § 2244(b)(3) specifically, rather than broadly referencing § 2244 with a narrow cross- reference only specifying how a second or successive filing is “certified” by a “panel.” Congress did not. The language it used instead supports the understanding that the provisions the cross-reference incorporates turn on their substance, not where they sit in a list. As explained, supra, at 28–31, the…

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