Bowe v. United States · ¶65

Turning now to the merits upon which the Court granted certiorari, Bowe and the Government agree that the Eleventh Circuit erred by applying § 2244(b)(1) to Bowe's request for authorization to file a second or successive motion to vacate under § 2255(h). The Court appointed Kasdin M. Mitchell as amicus curiae to argue in support of the Eleventh Circuit's position. 604 U. S. 1117 (2025). She has ably discharged her responsibilities. The Court nevertheless agrees with the parties and holds that § 2244(b)(1) does not apply to motions fled by federal prisoners under § 2255(h). The contrary decision of the Eleventh Circuit is vacated.

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