Bowe v. United States · ¶60

Comity and federalism, however, fall away when a federal court reviews a federal judgment. By the time a federal prisoner looks to file a second or successive motion, moreover, he will have had fewer bites at the apple, and fewer courts reviewing his case, than most state prisoners in the same position. See §2254(b)(1)(A); In re Graham, 61 F. 4th 433, 441 (CA4 2023). Although the Federal Government has an interest in finality too, Mayle v. Felix, 545 U. S. 644, 662 (2005), “‘[n]o legislation pursues its purposes at all costs,’” Mohamad v. Palestinian Authority, 566 U. S. 449, 460 (2012). Allowing further review in this Court is thus consistent with both AEDPA’s purposes and practical considerations.

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